Employment Problems

[brei2013]

Some advice needed please.

In September I took a job as a bar person on the basis of a minimum 30 hour week (I have a small son to work round) and with the intention of training to become a manager.

Firstly, I have not received a written contract and and have not received a "written statement" as required by law.I am now having problems with my manager in as far as,I have been made up to Supervisor recently,but my manager believes "my heart is not in it" and therefore will not offer me Supervisor's rate for the job.Also she is now changing my shifts around and this week for the third time,I am being asked to complete one shift at 2am and be in next day for 9.30am.This gives me about 5 hours sleep at best.Which,again,I think is unlawful!

I feel that this person is now trying to get me to leave by means of constructive dismissal-do I have a case?

[Kati]

Re: Employment Problems

I'm not sure about the rest of it :sorry:, but I do know you are entitled to a minimum of 11hrs 'rest' between shifts (so if you finish work at 2am, you should not be starting work again until 1pm at the earliest) See HERE for details

K x

[FlamingParrot]

Re: Employment Problems

Some advice needed please.

In September I took a job as a bar person on the basis of a minimum 30 hour week (I have a small son to work round) and with the intention of training to become a manager.

Firstly, I have not received a written contract and and have not received a "written statement" as required by law.I am now having problems with my manager in as far as,I have been made up to Supervisor recently,but my manager believes "my heart is not in it" and therefore will not offer me Supervisor's rate for the job.Also she is now changing my shifts around and this week for the third time,I am being asked to complete one shift at 2am and be in next day for 9.30am.This gives me about 5 hours sleep at best.Which,again,I think is unlawful!

I feel that this person is now trying to get me to leave by means of constructive dismissal-do I have a case?

You are right about the first line but not the second. Legally you are entitled to at least 11 hours rest between shifts, so what they are doing is wrong. However, constructive dismissal doesn't work quite the way many people think. For a start, you need to have worked at least 2 years for your employer as for unfair dismissal claims, since constructive dismissal is a form of unfair dismissal. You'll find more info on the subject here: https://www.gov.uk/dismissal/unfair-...tive-dismissal

Qualifying period to claim unfair dismissalYou must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal. If you’re classed as an employee and started your job:

• on or after 6 April 2012 - the qualifying period is normally 2 years
• before 6 April 2012 - the qualifying period is normally 1 year

Constructive dismissalConstructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct.
The reasons you leave your job must be serious, for example, they:

• don’t pay you or suddenly demote you for no reason
• force you to accept unreasonable changes to how you work - eg tell you to work night shifts when your contract is only for day work
• let other employees harass or bully you

With regards to the lack of a suitable rest period between shifts, you should raise a grievance as noted below: https://www.gov.uk/rest-breaks-work/disputes

Workers who can’t take or aren’t allowed rest breaks should speak to their manager informally.
Get more information for employees who want to raise a grievance or advice for employers on handling grievances if there is a disagreement about restbreaks.

Workers can also get advice on rest breaks from the Pay and Work Rights helpline.
Pay and Work Rights Helpline
Telephone: 0800 917 2368
Textphone: 0800 121 4042
Monday to Friday, 9am to 5pm
Find out about call charges

If a worker can’t solve a problem, they may be able to make a claim to an employment tribunal.

[brei2013]

Re: Employment Problems

Thank you people for that response.Since then I have approached my manager with regard the shift in question and her response to be told about the 11 hour rest period was to say that "unless you do the shift,I will sack you".Totally taken aback by that-surely she can more do that than give me an illegal shift to do.....HELP!

[wales01man]

Re: Employment Problems

Find another job before this Ahole makes your life worse im betting there is a high turnover of staff there

[brei2013]

Re: Employment Problems

Find another job before this Ahole makes your life worse im betting there is a high turnover of staff there

Thank you Wales man.I am,indeed looking for another job and yes you are right,there is a large turnover of staff but I think that is general in the pub business.The strange thing is that I am more qualified than this so called manager,but she won't listen.Thanks again.