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unfair treatment at work

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  • unfair treatment at work

    Hi, I'm at my wits end and not sure what to do next.

    It's a long story but I will try to condense it as best I can.
    I have been working for a so called 'registered charity for over 5 years, it provides supported housing for the homeless.
    I work night shifts [lone working] from the hours of 9.30pm to 8.30am, from the hours of midnight to 7.30 am I am permitted to sleep IF no one needs my assistance but if im woken I must deal with any issue i.e police knocking the door looking for someone to residents ringing the doorbell drunk etc [there is a curfew between hours of 12-7am] but ppl under the influence do not respect these curfews.
    I do three shifts per week = 33hrs, I am viewed by the company as a 'part time worker'
    I receive 12 days holiday per year? If I am sick they deduct one days holiday or I don't get paid [daytime workers get paid]
    they say sleeping facilities are provided but the room has been full of ex residents belongings for the last two years at least, I have photographic evidence of this. I attempt to sleep on a threadbare mattress on the floor in the office, which is the only room in the building with monitors to view the cctv system. the room they 'provided' has no monitors, no sink to wash and stinks of stale cigarette smoke. [I don't smoke] it also has a residents room adjoining above/below/left and right, the residents tend to watch tv till 3-4am so as far as im concerned with no monitors, noise levels etc this room is inadequate even if it were cleared of ex residents belongings.
    From day one I have been made lots of empty promises by the 'manager' for a full time position. I worked as a senior support worker for 5 years prior to this position and have several qualifications to make me a prime candidate for this kind of work.
    for 5 years I have been paid less than the minimum wage, 3 years ago I contacted acas who told me to speak to the manager regarding my concerns which I did.

    regarding the minimum wage he told me I only get paid for the hours of 9.30pm to midnight, then again from 7.30am to 8.30am my response was ok I will go home at midnight and return at 7.30am to finish the shift. His response was 'it doesn't work like that' as for the holiday entitlement He said leave it with me, and came back to me and said the board had given me 1 more day holiday [from 11 days to 12 days]

    Approx 6 months ago I wrote to the company stating my statutory right? to access to all my payroll records and personel records. I requested a meeting with the finance person to explain to me the ins and outs of the way i'm paid etc. the response I got was a rough breakdown of starting wage up to the date of request, basically it told me nothing that I didn't know. I was not offered the meeting I had requested. So I wrote again requesting the same, this time the 'Chairman' arrived at my house with an envelope [I did not know at this time who He was, he did not introduce Himself] put an envelope in my hand and walked away. it contained all my payslips. again this is not what I requested.

    I had not spoken with my wife about any of this as I did not want to worry her, next thing the manager phoned my house asking my wife 'what is Martin's problem' she did not know, it left her worried and pressing me for the cause of His phone call. I wrote to the manager asking Him to write to my wife to apologise for stress and worry caused,...no response. the manager has since denied any meeting taking place with me regarding the issues above 3 years prior when I told Him I had spoken with acas. when He denied this meeting I told Him that along with His false promises of, we wanted someone younger, we wanted a woman, I thought you were doing something else etc etc etc and denial of the meeting I would not discuss my issues with Him further.

    I wrote to the chairman, outlining all of the above....no response to my registered letter. then on 4th of nov one of the day staff turned up on my shift out of the blue and said I am now your line manager and I have been asked to come and talk with you about your issues. so I said ok take notes please, I outlined the above and told her I had no confidence in the manager and did not wish to discuss anything with Him, ...guess what? no response, so on the 28th of Dec I brought it up with her and asked her to take the notes from our meeting and make an official grievance on my behalf out of them, she agreed. one week later I asked her if she had done what I had asked because I want to check it over, she said she had done it and its been submitted and the board have had a meeting and that I am not to have a copy of the grievance. I asked her to put that in writing and to sign it, which she did. next time I saw her she informed me she was no longer my line manager.

    now, I have never had a paper contract with this company but on the night my new ex line manager visited me at work, she gave me a contract cutting an hour off my working time but giving me the NMW also stating I was on a probationary period, after 5 years?? I refused to sign it and said I would continue to arrive and leave as I always have, last night when I went to work two letters were there one stating my new contract would take effect from 2/2/12 and one from the manager asking me to meet with Him over my grievances...also asking me to state what they are?? this guy has lied to me blatantly in the past I have no confidence and do not want to go round in circles again, also I already wrote to the chairman stating I would not deal with the manager for the above reasons.

    I contacted a lawyer who says I have a very strong case NMW/holiday pay etc but His fee is £250 ph, he said my case is strong enough to take on a no win no fee basis on the condition I claim constructive dismissal. as we all know there are no jobs out there I need to provide as best I can for my family.

    I need advice on how to respond to the mangers request for a meeting and to the change in my contract, they have basically taken an hour off me to pay me the same? getting the late shift day staff to cover the extra hour, and coming to work an hour earlier, do I write to them to say I continue to work under protest?

    please help i'm not sure where to go now, btw they say they will not back date my pay to fall in line with the NMW.
    This is a supposed Christian based registered charity, I am not a professing Christian, im beginning to think that this may be the problem.

    I do know though that the 'bible' says if you have a problem, go to the person tell them, if you do not get satisfaction bring in a third party, if you still don't find a resolution take them to court.

    I have done two out of the three above and I'm being ignored.

    sorry its so long winded, but even then its just a small part of the story.

    Martin.
    Tags: None

  • #2
    Re: unfair treatment at work

    I agree with the solicitor, you have a very strong case of constructive dismissal i.e. forced in to a situation where your job is no longer tenable as a result of the way you have been treated. As for not paying between 12am and 7am will you worked it so they will have to pay you it and all your pay for hours you worked for no pay or less then minimum wage would have to be backdated and paid to you in full. The solicitors offer of a no win no fee means you can take him up on the offer, but make sure you agree that he only recovers his legal fees from the employer as part of the court/tribunal process, so you will need to dicuss that with him, so that no fees come out of any monetary reward you receive upon winning your case.

    Also on a seperate note regarding them not paying between 12am and 7am that is a breach of the coroner and justice act 2009 section 71 and article 4 of the human rights convention, which makes it clear no person should be forced into forced or compulsory unpaid seritude or labour. By not paying you those hours yet expecting you to be there, then that is forced labour/servitude and a breach of not only your employment rights regarding minum pay, but also your human rights.

    Also they are in breach of your employment rights by not giving you a written statement (contract of employment) within the first 2 months of you starting work there. Not only that they can not simply give you a contract now on the basis you are on probation and therefore an new employee, as your previous contract that you have had in place over the last 5 years is still an employment contract even though it has not been written. According to law an offer of employment once accepted forms a contract of employment.

    Personally, before going back to the solicitor, i would write a letter before action to the chairman of the charity, and inform him of the above things i have pointed out above, as well as a detailed breack down of all the issues you have raised, advising him if you are pay is not backdated to be in line with minimum wage for the hours you were paid less than minimum wage during your 5 years there, and if your pay for the hours you have worked and been on the premises of between the hours of 12am and 7am, which you have not been paid for, is not backed dated. Then you will issue legal proceedings as a result of the charities irredeemable breach of contract (constructive dismissal as you would have no choice but to resign), but also for breach of employment laws and breach of the coroner and justice act 2009 and that of article 4 of the human rights convention.

    That should get their attention and make them act. If not go to the solicitor and arrange to sue the arse of the charity, as no charity should treat people or its staff they way they have you. Charity begins at home, and they clearly have not shown any kind of charity to you, instead they have exploited you.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: unfair treatment at work

      You might be able to get free legal advice from a Law Centre.

      Comment


      • #4
        Re: unfair treatment at work

        Apologies for being nitpicky, but it is a 'statement of employment particulars' which the employer must provide by statute within the 2 months.

        http://www.direct.gov.uk/en/Employme...ions/DG_175704
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: unfair treatment at work

          @ Teaboy....Thank you very much for your advice, and yes they keep reminding me they are a charity and that they have no money [but they are buying two new houses] and live in far better comfort than I do. I told them that I am NOT a charity and I need to provide for my family.

          what would you suggest re-the letter asking me to arrive at work at 10.30 rather than 9.30? that begins on 2/2/12, should I just arrive at 9.30pm as per last 5 years?

          and should I just ignore the managers letter and just write direct to the chairman as you have outlined above. I will take your advice i'm very grateful that you have taken the time to reply, thank you.

          Also thanks to everyone else.

          edit: also must I quit to claim constructive dismissal? my wife works but does not earn enough to cover all our outgoings alone.
          Last edited by fivethumbsfrank; 21st January 2012, 11:58:AM.

          Comment


          • #6
            Re: unfair treatment at work

            Originally posted by charitynjw View Post
            Apologies for being nitpicky, but it is a 'statement of employment particulars' which the employer must provide by statute within the 2 months.

            http://www.direct.gov.uk/en/Employme...ions/DG_175704
            Which is the terms of the contract or employment.

            Originally posted by fivethumbsfrank View Post
            @ Teaboy....Thank you very much for your advice, and yes they keep reminding me they are a charity and that they have no money [but they are buying two new houses] and live in far better comfort than I do. I told them that I am NOT a charity and I need to provide for my family.

            what would you suggest re-the letter asking me to arrive at work at 10.30 rather than 9.30? that begins on 2/2/12, should I just arrive at 9.30pm as per last 5 years?

            and should I just ignore the managers letter and just write direct to the chairman as you have outlined above. I will take your advice i'm very grateful that you have taken the time to reply, thank you.

            Also thanks to everyone else.
            Inform them you already have a verbal contract in place for which their faliure to provide you with a written statment of particulars is a breach of the Employment rights act 1996 section 1 (it its entirety) and section 2 (5) that clearly states they should have given them to you no later than 2 months from the date your employment commenced.

            As for the contract they have now produced, inform them it is irrelevant as you have not agreed to it nor will you agreed to it until they have met their legal obligations and corrected under the employment rights act 1996 in regards to back dating your pay in full to be inline with minimum wage for all hours you have worked and any holiday pays you would legally have been entitled too under your current contract of employment, which they are in clear breach off.

            As for the manager, well he/she has shown they are incompetent and unable to deal with the matter. So yes keep all communications between you and the chairman from now on. And as for them not having the money, yet buying 2 new houses, well thats their problem, its either pay you or buy the 2 houses only for a court to award monetary reward to you for unpaid a wages (which is a breach of section 13 "right not to suffer unauthorised deduction from wages" of the employment rights act 1996). which if they haven't got the money to pay means they will have to sell one of the properties to pay you anyway.

            P.s. You may also have them for failing to follow satutory grievance and disciplinary procedure which is now a legal requirement under employment laws, though since you never wrote the grievance letter yourself, then its 50/50 if this would be of any use to you.
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #7
              Re: unfair treatment at work

              Originally posted by teaboy2 View Post
              Which is the terms of the contract or employment.



              Inform them you already have a verbal contract in place for which their faliure to provide you with a written statment of particulars is a breach of the Employment rights act 1996 section 1 (it its entirety) and section 2 (5) that clearly states they should have given them to you no later than 2 months from the date your employment commenced.

              As for the contract they have now produced, inform them it is irrelevant as you have not agreed to it nor will you agreed to it until they have met their legal obligations and corrected under the employment rights act 1996 in regards to back dating your pay in full to be inline with minimum wage for all hours you have worked and any holiday pays you would legally have been entitled too under your current contract of employment, which they are in clear breach off.

              As for the manager, well he/she has shown they are incompetent and unable to deal with the matter. So yes keep all communications between you and the chairman from now on. And as for them not having the money, yet buying 2 new houses, well thats their problem, its either pay you or buy the 2 houses only for a court to award monetary reward to you for unpaid a wages (which is a breach of section 13 "right not to suffer unauthorised deduction from wages" of the employment rights act 1996). which if they haven't got the money to pay means they will have to sell one of the properties to pay you anyway.

              P.s. You may also have them for failing to follow satutory grievance and disciplinary procedure which is now a legal requirement under employment laws, though since you never wrote the grievance letter yourself, then its 50/50 if this would be of any use to you.
              Excellent, thank you very much. Hopefully this will get them to act, if not I have to make some tough decisions. All I want them to do is pay me what I believe I am legally entitled to...and lets face I earned it albeit a pittance in real terms, thanks for your help thus far I will update the thread as events unfold. I'm really glad I found this forum!

              I will write them over the weekend and inform them I do not accept the new contract for the reasons you out lined above, also the important back pay and holiday issue.

              Comment


              • #8
                Re: unfair treatment at work

                Originally posted by fivethumbsfrank View Post
                Excellent, thank you very much. Hopefully this will get them to act, if not I have to make some tough decisions. All I want them to do is pay me what I believe I am legally entitled to...and lets face I earned it albeit a pittance in real terms, thanks for your help thus far I will update the thread as events unfold. I'm really glad I found this forum!

                I will write them over the weekend and inform them I do not accept the new contract for the reasons you out lined above, also the important back pay and holiday issue.

                Don't forget to include FORMAL LETTER BEFORE ACTION as the title of your letter to them.

                And at the end of the lettet, give them 30 days in which to respond with an offer to resolve the issues you have raised. And if they fail to reponds you reserve the right to bring legal proceedings against them without further notice.

                And sign it "Yours Sincerely and Without Prejudice"

                The use of the word Without Prejudice means they can not use anything you say in the letter against you in court without your permission.
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR

                Comment


                • #9
                  Re: unfair treatment at work

                  Probationary period after 5 years? Can't be done. This is just an excuse to get rid of you. You have 5 years service and as such have all the rights that go with 5 years service.

                  Comment


                  • #10
                    Re: unfair treatment at work

                    Originally posted by shell View Post
                    Probationary period after 5 years? Can't be done. This is just an excuse to get rid of you. You have 5 years service and as such have all the rights that go with 5 years service.
                    yeah I gathered that, if they sack me they will be liable to very heavy penalties, in 5 years I have never been late and never had any disciplinary or anything...never even had an appraisal, nothing, basically been ignored, no in house training, zilch.

                    I am responsible for 28 adults with varying issues ranging from homelessness to drug and alcohol dependency and some mental heath issues, lone working so sometimes in potential danger and they have treated me very badly [the employers] the service users have more dignity than these people.
                    Last edited by fivethumbsfrank; 21st January 2012, 14:05:PM.

                    Comment


                    • #11
                      Re: unfair treatment at work

                      If you are considering unfair dismissal, or constructive unfair dismissal, or want a clearer picture of your options, the following may help explain the position

                      http://www.adviceguide.org.uk/index/.../dismissal.htm
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: unfair treatment at work

                        Hmmm am pretty sure working alone is a breach of Health and Safety Regulations, though am a bit busy on an other issue to look it up right now myself. hopefully someone else can confirm if that is the case or not. Though i do know an employer has a Duty of Care to you, that would mean you are not left in a dangerous position or exposed to a possible danger.
                        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                        The Governess; 6th March 2012 GRRRRRR

                        Comment


                        • #13
                          Re: unfair treatment at work

                          Originally posted by teaboy2 View Post
                          Hmmm am pretty sure working alone is a breach of Health and Safety Regulations, though am a bit busy on an other issue to look it up right now myself. hopefully someone else can confirm if that is the case or not. Though i do know an employer has a Duty of Care to you, that would mean you are not left in a dangerous position or exposed to a possible danger.
                          http://www.hse.gov.uk/contact/faqs/workalone.htm
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: unfair treatment at work

                            Thanks Charity, that basically confirms my thoughts on working in potentially a dangerous enviroment, given the people the OP has been left in charge off their is a clear risk fo danger to the OP and i would say a risk assessment would likely show that, After all its not like a nurse working the night shift in a care home. The peope the OP is in charge of are perfectly able bodies and could cause him significant injury if they wanted to.
                            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                            The Governess; 6th March 2012 GRRRRRR

                            Comment


                            • #15
                              Re: unfair treatment at work

                              ........& the OP has a right to ask for the appropriate risk assessment from the employer.

                              Nice one, Teaboy!
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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