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Hello, I would be really greatful some advice from fellow lawyers or anyone with some knowledge on employment laws please.
I initially started my role in the Coffee shop of a garden centre, but was quickly moved over the the Garden Centre after two shifts. After having worked there a few months, my mum then got a job at the coffee shop department where i had initially started. At 17 years old, i was never given a contract of my true hours or told in advance when i would be working, or when i would have a day off. My hours changed all the time and i never had a set pattern to follow - despite being in college at the time. During the summer i worked more or less full-time and often worked 14 day periods with no day off. The manager was often rude, would criticise continuously and lie to make you look silly. Although this bothered me, i did not take any action initially.
holiday entitlement:
My manager was incredibly vague on my holiday entitlement and due to my irregular hours gave me no help in working it out, and i was never notified to how much holiday i had accrued. She has done this to other staff - in order to make it difficult for them to figure out their holiday entitlement so she does not have to pay them for it. I was entitled to more than 4 days holiday, but as a result was unable to take anymore. Is a manager able to do this, and does untaken holiday not have to be paid?
She had then gone on to lie about having approved my holiday later on in the year (although i was told by my supervisor and other colleagues that she had told them verbally it had been approved). Note, my manager does not have much contact with employees and it is not her normal practice to tell staff, or write to staff or sign slips off.
She had them called my mum into the office, to say to her 'does your daughter even want to work here even more' after having taken my first ever day off sick in my year of working there - as i suffered from chronic daily migraines for the past few years.
The grievance letter:
As a result of the conversation my manager had rudely decided to involve my mum into - considering it was an issue surrounding me - and there was no need to bring my mum into it, i decided to hand in my notice. I stated in my notice my reason for leaving; that i was leaving as i was unhappy with the rude comments made by her and the victimisation of her staff and outright bullying. As set out in the contract, i told her i would give her 4 weeks working notice. As my mum would still be working there, she handed our manager a grievance letter, informing her that she felt bullied at work and said that she hoped the letter would open up dialogue between the two of them and that it could be resolved formally.
Two weeks into my notice, i am left a letter on my work desk (not handed to me personally) which explains that, that day was to be my last working day and she would pay me up until this day. She had multiple opportunities to give me this letter, but gave it to me on my last day so i was left with no notice. She had therefore breached her contract - as she was refusing to pay me 'payment in lieu.' It was also wrongful dismissal. I wrote her a letter after having left, informing her of this breach - which she then offered to pay me for the rest of my notice.
However, since my second letter and my mum raising her grievance - the manager ignored her and victimised her further - with no mention of the letter for three weeks, despite my mum taking all steps to resolve things correctly between the two of them. My mum was then called into the office, and sacked on the spot as the manger told her she was unhappy with the grievance letter she had been sent. There was no attempt to discuss the written letter - she was simply sacked. Since she has only been working there for less than a year, my mum is unable to claim constructive dismissal (as she has hired someone to immediately fill her position) or unfair dismissal. Is she able to say that she has been discriminated against for asserting her employment rights?
Health and safety:
We believe that our manager had sacked my mum partly because she knew that she would whistle blow on her - after i had sent her a strongly worded legal letter regarding my wrongful dismissal. She brings electrical goods in from home that have been used for multiple years and sells them off as new along with various other serious health and safety breaches. But, since my mum did not at any point mention to Kim herself that what she was doing was wrong - she cannot strictly be a 'whistleblower'?
I am yet to receive the full pay i am entitled to, and have spoken to ACAS. I just wanted to know if going down the route of discrimination for raising a grievance is a route that we can follow to take her to an employment tribunal for. Or, whether this type of discrimination makes her exempt to the two year rule of constructive/unfair dismissal.
Any help or information would be greatly appreciated - i have cut down this story quite a bit, because it is ridiculous some of the stuff she has done and i would be here all day - but do please contact me if you want any further information.
Many thanks,
A daughter wanting help!
I initially started my role in the Coffee shop of a garden centre, but was quickly moved over the the Garden Centre after two shifts. After having worked there a few months, my mum then got a job at the coffee shop department where i had initially started. At 17 years old, i was never given a contract of my true hours or told in advance when i would be working, or when i would have a day off. My hours changed all the time and i never had a set pattern to follow - despite being in college at the time. During the summer i worked more or less full-time and often worked 14 day periods with no day off. The manager was often rude, would criticise continuously and lie to make you look silly. Although this bothered me, i did not take any action initially.
holiday entitlement:
My manager was incredibly vague on my holiday entitlement and due to my irregular hours gave me no help in working it out, and i was never notified to how much holiday i had accrued. She has done this to other staff - in order to make it difficult for them to figure out their holiday entitlement so she does not have to pay them for it. I was entitled to more than 4 days holiday, but as a result was unable to take anymore. Is a manager able to do this, and does untaken holiday not have to be paid?
She had then gone on to lie about having approved my holiday later on in the year (although i was told by my supervisor and other colleagues that she had told them verbally it had been approved). Note, my manager does not have much contact with employees and it is not her normal practice to tell staff, or write to staff or sign slips off.
She had them called my mum into the office, to say to her 'does your daughter even want to work here even more' after having taken my first ever day off sick in my year of working there - as i suffered from chronic daily migraines for the past few years.
The grievance letter:
As a result of the conversation my manager had rudely decided to involve my mum into - considering it was an issue surrounding me - and there was no need to bring my mum into it, i decided to hand in my notice. I stated in my notice my reason for leaving; that i was leaving as i was unhappy with the rude comments made by her and the victimisation of her staff and outright bullying. As set out in the contract, i told her i would give her 4 weeks working notice. As my mum would still be working there, she handed our manager a grievance letter, informing her that she felt bullied at work and said that she hoped the letter would open up dialogue between the two of them and that it could be resolved formally.
Two weeks into my notice, i am left a letter on my work desk (not handed to me personally) which explains that, that day was to be my last working day and she would pay me up until this day. She had multiple opportunities to give me this letter, but gave it to me on my last day so i was left with no notice. She had therefore breached her contract - as she was refusing to pay me 'payment in lieu.' It was also wrongful dismissal. I wrote her a letter after having left, informing her of this breach - which she then offered to pay me for the rest of my notice.
However, since my second letter and my mum raising her grievance - the manager ignored her and victimised her further - with no mention of the letter for three weeks, despite my mum taking all steps to resolve things correctly between the two of them. My mum was then called into the office, and sacked on the spot as the manger told her she was unhappy with the grievance letter she had been sent. There was no attempt to discuss the written letter - she was simply sacked. Since she has only been working there for less than a year, my mum is unable to claim constructive dismissal (as she has hired someone to immediately fill her position) or unfair dismissal. Is she able to say that she has been discriminated against for asserting her employment rights?
Health and safety:
We believe that our manager had sacked my mum partly because she knew that she would whistle blow on her - after i had sent her a strongly worded legal letter regarding my wrongful dismissal. She brings electrical goods in from home that have been used for multiple years and sells them off as new along with various other serious health and safety breaches. But, since my mum did not at any point mention to Kim herself that what she was doing was wrong - she cannot strictly be a 'whistleblower'?
I am yet to receive the full pay i am entitled to, and have spoken to ACAS. I just wanted to know if going down the route of discrimination for raising a grievance is a route that we can follow to take her to an employment tribunal for. Or, whether this type of discrimination makes her exempt to the two year rule of constructive/unfair dismissal.
Any help or information would be greatly appreciated - i have cut down this story quite a bit, because it is ridiculous some of the stuff she has done and i would be here all day - but do please contact me if you want any further information.
Many thanks,
A daughter wanting help!
Sorry if this isn't what you were hoping to hear. 
x
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