GeneralEmployment Advice

 

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 From:  JonCooper  
 To:  ALL
42076.1 
My son has been working for a local cider farm full time since May
He was doing about 40 hours a week on a 'seasonal contract' till (at least) Sept
They asked him to stay on to do other work, around 48 hours a week
No real contract for this, but a verbal assurance that it would go on "till xmas"
Last week he had no hours at all, they claimed they "forgot to rota him on"
This week they have admitted that there is no work available for now.

I think this is a really shitty way to treat someone,
and I'm wondering if there is anything he can do about it?
They haven't sacked him, laid him off, or dismissed him in any way
Just "sorry, no work available right now"

he was on the books, not self-employed

so, legal recourse or just 'some employers are shit' ?

Jon
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 From:  milko  
 To:  JonCooper     
42076.2 In reply to 42076.1 
I fear it'll be the latter. You don't get many rights until you've been somewhere 2 years (I am not a lawyer).
Shitty of them to not be up front about it. Have they at least paid what he was due?
milko
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 From:  JonCooper  
 To:  milko     
42076.3 In reply to 42076.2 
yes, all paid up

and I agree, I think under 2 years = tough 

Jon
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 From:  koswix  
 To:  JonCooper     
42076.4 In reply to 42076.1 
Not so much that 'some employers are poo', more a case of 'most employers work within the legal framework that the government regulates'.

Pre-2012 it was 12 months service to get permanent employee recognition. Coupled with charging exorbitant fees for taking an employer to tribunal*, it has been very effective at letting employers shit all over short service staff for the past few years. As most of our employment protections come from the EU laws, coupled with the tories in at No 10, you can realistically expect employment protections to get much worse in the near to medium term.


*interestingly the Tribunal fees have recently been found to be illegal, and have been stopped. Great news but doesn't help the unknown number of people (including me) denied justice for daring to be poor.

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If Feds call you and say something bad on me, it may prove what I said are truth, they are afraid of it.

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 From:  ANT_THOMAS  
 To:  JonCooper     
42076.5 In reply to 42076.1 
Minimum 1 weeks notice for less than 2 years.
I guess he hasn't signed a contract but that shouldn't matter, there is an assumed contract.
I think the only issue would be the lack of contracted hours. But, there might be something for the fact that he had regularly worked an amount of hours over a period. As if he has an assumed 40hr contract and should have had a formal 1 weeks notice in writing.

Kos should jump in here, union man and all.

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 From:  Manthorp  
 To:  JonCooper     
42076.6 In reply to 42076.1 
I can't see any recourse that would deliver anything but a moral victory, I'm afraid. 

Golden rule of Cider production (or anything): whoever has the gold, makes the rules. I'd look to juvenile revenge, myself.

"We all have flaws, and mine is being wicked."
James Thurber, The Thirteen Clocks 1951
 
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 From:  JonCooper  
 To:  ALL
42076.7 
I think everyone is right, nothing much he can do :(

Jon
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