I had a coffee with a friend yesterday and she was very distressed as a result of a conversation with her boss,I'm going to try and include as much info as I can and hope I don't forget anything.
She has worked in the same place that has been owned by the same people the entire time she has worked there she has been there 10 years.
She has always worked the exact same hours on the same days every week her hours total 16 and she does 2days a week but the actual days she works never changes.
She has never had so much as 1 day off sick.her only absence has been paid holiday and 1 maternity leave. She has to take her holiday in week blocks is not allowed a day here and there so she refers to 2 days holiday as one week(obviously she knows its only 2 days) she is only allowed 4 weeks a year so 8 days. Her ML totalled 12 weeks.
She's currently 31(possibly 32) weeks pregnant and was intending to work up to the day before her due day.
She has 2 children one is 14 and significantly disabled requires full time care and attends a special school part time.
Her 16 hours are paid at the NMW so she does not earn enough to qualify for smp.
Her job is in a tiny independent shop
Right to the thing that has upset her she has a problem with walking she can do it but she is very slow its related to her pregnancy,her boss (carrying out the instruction of the owner) has told her she has to produce a fit for work cert or letter she cannot produce one as her consultant or gp are not happy to do so,so she had to start her ML ASAP
She's not so much bothered by this but the same day they told her this they also told her they are changing all her hours so if by some sheer fluke she gets a fit for work confirmation from next week (or when she returns) her hours will be broken up over 4 days instead of 2 apparently this is none negotiable.
This will result in her children being in childcare (one minder one carer) for 22 hours PW instead of the 19 they currently have and trying to replace the carer due to the current one being unable to cover the hours she has been told she has to take or what is more than likely having to quit working.
She has never been given a contract despite asking for one.
The owners justification for this appears to be that he feels she is a casual employee and even if she was not she has no contract so he can do what ever he wants.
She feels that crap work is better than no work and is very concerned about being able to get a new job.
I have explained to her that she cannot possibly be a casual employee and that custom and practise is relivant to her and him not giving her a contract is not something that goes against her as legally she has an implied contract and that its something that if anything would go in her favor not his.
But she cannot get legal aid for employment issues and she's very frightened that they just want rid of her.
Please or to access all these features
Please
or
to access all these features
Chat with other users about all things related to working life on our Work forum.
Work
Is this legal?
14 replies
IneedAsockamnesty · 29/09/2013 15:58
OP posts:
Please create an account
To comment on this thread you need to create a Mumsnet account.