• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

I need advice!

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • I need advice!

    Hello,

    I am in a pickle. I am needing some advice for my son, who works with his step father and I in a small family business. I am not familiar with the employment laws and need to know how to proceed.
    He has worked tirelessly over the last 2 years, never complains about hours, days, public holidays etc. He is 21yrs old and has been verbally abused for far too long. (yes, it has created a huge issue in my marriage - which is a whole different story) It has been a very unhealthy situation.
    Things came to a head again today and it literally exploded. The end result was my son receiving this email from my husband, his boss. As a side note, we don't have other permanent employees only temp staff, so its slightly different. My question is: As the working environment is so unpleasant and it has really affected my sons mental health, he can no longer come in to work. Does that mean he is not entitled to any pay? Before receiving this letter, he was once again threatened with dismissal. He was told: "When your mum and I get back from our holiday you will be on 3 months notice".........
    My son does not respond, he just keeps quiet and suffers. I believe it to be unfair to say he gets nothing when being instantly dismissed, but then saying at the end, if you work a notice period you get paid....
    What on earth does one do?? Thank you for any advice.


    There are two jobs on the nursery which are the most important jobs of all and which you are aware need to be done daily without fail – unless in exceptional circumstances you cannot do them. I have banged on about this for years and I warn you about this every week. They are watering and monitoring water and going up the tree lines every single day without fail.

    In two weeks while I was away yet again and like every other week that has gone before you did not go up the tree lines once. If you did it was partially. I returned to find the water tank a third empty. When asked why you had allowed both these things to happen you said I don’t know that was it! There was no reason at all! You had ample time to do it but you failed. Not once in two weeks did you check the trees.

    You have been told time and time again of the consequences of not doing these chital jobs. You are dismissed with immediate effect for complete failure to carry out your task correctly.

    In addition you failed to:

    Empty bins daily - bins filled to overflowing for more than two weeks.

    Check drippers daily for splits and leaks -Drippers left hanging down for months/weeks two black hose holes leaking significant amounts of water, split main yellow pipe.

    Block and rubber ties on lines for weeks

    Grass uncut

    Strimming not completed this season in places

    Trailer left unlocked with nothing in front of it while you are away for the day

    Incinerator to be set alight weekly, left in rain full of sensitive documents and not done for months

    Tools and materials lying outside from various jobs incomplete for weeks on end

    Weeds in glass houses

    Weeds in containers not removed for weeks

    No schedule for work to or pattern of consistent maintenance

    Tools left in places around barn after jobs and not returned to correct place

    Leave multiple jobs incomplete such as plastic below the plant pots uncut. Something I have asked you to do hundreds of times.

    The list could go on

    This is not the first time this has happened. You have never gone through a week without me asking you why you are not doing the critical job. Its because you cannot be bothered. Plain and simple. You don’t care.

    I am sorry you feel I have been unfair but the reality is you are completely incapable of carry out the tasks asked oof you consistently although you are quite capable of doing them. You are completely unreliable, and you cannot be trusted ever to do tasks asked of you. When I ask you to do something 50% of the time they are not done, and you wonder why I get upset! You say consistently you will do them but in most cases such as routine maintenance they are never done. You have been given ample opportunities to correct this. But you refuse to do this. You blame me for this situation but the realisty is you are completely unreliable. Im at fault for being upset. You are at fault for losing your job.

    Behave this way in your next job, refuse to do the critical jobs asked of you, consistently say to someone something will be done and its not and you will quickly receive another letter like this.

    You are dismissed with immediate effect, or you can work the full required period of notice. With immediate effect you are on zero pay, if you work your notice it will be pay as agreed for your notice.

    Tags: None

  • #2
    I have two questions first:

    Does your son have a contract of employment?

    When exactly did your son starting working at the family run business?
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Comment


    • #3
      Does your son have a contract of employment? - Sadly not.

      When exactly did your son starting working at the family run business? He officially started on the 1st Jan 2022 as a full time employee. Before that he was just working adhoc weekends and holidays as he was studying.

      He has spoken to Citizens advice and they said they don't know what his rights are. Im more concerned that it is a very hostile (verbally) situation and I don't think he should come back to work any notice period. But, just need to know if he is entitled to any sort of payout?

      Comment


      • #4
        Firstly given his start date your son has been a permanent employee for over 2 year. I presume he has been paid via a business bank account, has had his tax and national insurance deducted as part of PAYE, then he has built up employment rights.

        I can appreciate you must feel in a very difficult situation but if your son has been treated as an employee of the business for over the 2 year period and could prove this to an employment tribunal, then the email sent by your husband terminating his employment in the way that he has, without any disciplinary process could lead to your son making a claim for unfair dismissal.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          [QUOTE=ULA;n1678066]Firstly given his start date your son has been a permanent employee for over 2 year. I presume he has been paid via a business bank account, has had his tax and national insurance deducted as part of PAYE, then he has built up employment rights. - Yes, he has been paid above board. He has paid all his tax, NI etc.

          I can appreciate you must feel in a very difficult situation but if your son has been treated as an employee of the business for over the 2 year period and could prove this to an employment tribunal, then the email sent by your husband terminating his employment in the way that he has, without any disciplinary process could lead to your son making a claim for unfair dismissal. - Yes, he has been treated like an employee. If disciplinary action is shouting at screaming, swearing and verbally abusing someone - he got a lot of that! So much so he does not feel comfortable going back, where does that leave him?
          Thank you for your advice.

          Comment


          • #6
            Then from my perspective he is an employee with over two years service who has been unfairly dismissed in terms of process and has a potential claim for unfair dismissal. Having not followed a fair process in dismissing your son he is due any outstanding pay to his termination date, statutory notice which has he has more than 2 years service is 2 weeks and any accrued but unpaid holiday pay up until the termination date.

            I would suggest that your son sends an email (so there is a paper-trail) to this effect to your husband.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              Originally posted by ULA View Post
              Then from my perspective he is an employee with over two years service who has been unfairly dismissed in terms of process and has a potential claim for unfair dismissal. Having not followed a fair process in dismissing your son he is due any outstanding pay to his termination date, statutory notice which has he has more than 2 years service is 2 weeks and any accrued but unpaid holiday pay up until the termination date.

              I would suggest that your son sends an email (so there is a paper-trail) to this effect to your husband.
              Thank you very much for your help. It is wonderful to get some unbiased advice. It's greatly appreciated. Thank you.

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse

              Welcome to LegalBeagles


              Donate with PayPal button

              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

              See more
              See less

              Court Claim ?

              Guides and Letters
              Loading...



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X