employment rights

Author
Discussion

b3kaw

Original Poster:

336 posts

179 months

Tuesday 15th June 2010
quotequote all
how long do you have to be employed to gain any rights?

thanks

edc

9,238 posts

252 months

Tuesday 15th June 2010
quotequote all
Depends what sort of 'rights' you mean. For some you don't even have to be employed yet.

Silent1

19,761 posts

236 months

Tuesday 15th June 2010
quotequote all
at least a year for most

Bonefish Blues

26,842 posts

224 months

Tuesday 15th June 2010
quotequote all
Silent1 said:
at least a year for most
I'd probably say, immediately for most, a year for some (important) rights, but perhaps the OP could be more specific?

harry010

4,423 posts

188 months

Wednesday 16th June 2010
quotequote all
generally a year to be covered by the ERA

scirocco265

421 posts

177 months

Wednesday 16th June 2010
quotequote all
Basic rights start straight away - equal pay, holidays, time off for public duties, protection against discrimination
After a week - period of notice of termination of employment
Six months - Right to request flexible working
One year - Not to be unfairly dismissed, and to be provided with written statement of reasons for dismissal
Two years - Redundancy Pay (and time off to look for work)

b3kaw

Original Poster:

336 posts

179 months

Wednesday 16th June 2010
quotequote all
ok thanks for the above answers, basiclly work somewhere for 6 weeks, rang the boss on sunday to say i wouldn't be at work on monday and he sacked me.

KrazyIvan

4,341 posts

176 months

Wednesday 16th June 2010
quotequote all
b3kaw said:
ok thanks for the above answers, basiclly work somewhere for 6 weeks, rang the boss on sunday to say i wouldn't be at work on monday and he sacked me.
Just out of interest what reason did you give for not being in the following day.

I can see

"My XXXXXX has just died" being a fair reason for not being in the following day.

But

"I am on the pi$$ tonight, so wont be in any fit state for work tomorrow" not being.

edc

9,238 posts

252 months

Wednesday 16th June 2010
quotequote all
b3kaw said:
ok thanks for the above answers, basiclly work somewhere for 6 weeks, rang the boss on sunday to say i wouldn't be at work on monday and he sacked me.
Well, unless there is any discrimination involved then there are no employment rights per se. The only other saviour might be wrongful dismissal which is quite rare in this day and age.

Muzzer

3,814 posts

222 months

Wednesday 16th June 2010
quotequote all
b3kaw said:
ok thanks for the above answers, basiclly work somewhere for 6 weeks, rang the boss on sunday to say i wouldn't be at work on monday and he sacked me.
We need more info to help you.

What terms were you employed under? Do you have a 3 month trial period?
Why were you unable to go in?
What job do you have?
What reason did he give for sacking you?

Whilst 3 month trial periods are common, they still have to have a valid reason for getting rid of you, otherwise you can claim discrimination.

i.e They can get rid of you for not working hard enough, if they can prove you haven't.
They can't get rid of you because they don't like you/want someone else to do the job/didn't like your face/etc.

It's hard to fight though....

edc

9,238 posts

252 months

Thursday 17th June 2010
quotequote all
Muzzer said:
b3kaw said:
ok thanks for the above answers, basiclly work somewhere for 6 weeks, rang the boss on sunday to say i wouldn't be at work on monday and he sacked me.
We need more info to help you.

What terms were you employed under? Do you have a 3 month trial period?
Why were you unable to go in?
What job do you have?
What reason did he give for sacking you?

Whilst 3 month trial periods are common, they still have to have a valid reason for getting rid of you, otherwise you can claim discrimination.

i.e They can get rid of you for not working hard enough, if they can prove you haven't.
They can't get rid of you because they don't like you/want someone else to do the job/didn't like your face/etc.

It's hard to fight though....
Trial period or probation becomes almost irrelevant for unfair dismissal in this case. As for 'valid' reason, the company can effectively dismiss for whatever reason it sees fit. Unless the reason for dismissal is protected under employment law then discrimination does not apply. Unfortunately, because of the length of service there are few employment rights.