DazV

I've got a mate who's getting treated like a piece of meat by his boss. Its getting really difficult listening to sh*t he's being given by this bloke - you really wouldn't believe some of it, and its really starting to affect him.

Anyway, I was wondering if I could call on the "Scoobynet Fountain Of Knowledge" (TM) and ask which direction to take in terms of making him aware of his rights, and in addition what his boss CAN and CANNOT ask of him.

Are there any online resources or documentation I can pass him ? I've tried the citizens advice beaureau but its really difficuly geting through.

Thanks all in advance,
-DV

[Edited by DazV - 1/28/2002 1:24:10 PM]

Phil

Its quite simple really Whats in his contract

Any thing else and the employer is in breach

If he/she is being bullied into doing things not in the contract and that are not resonable then

They should consult a solicitor as I would imagine the term contructive dissmisal would be one he would be using

Hope that helps


Phil

fast bloke

As a boss, I have been findong it increasingly difficult to legally ask employees to do anything. An employment solicitor for a first time free consultation would be his bet bet

DazV

Phil, he doesn't have a contract.

The poor guy hasn't had a raise for 3 years either, which I understand is not uncommon, but its just everyone else around him have, and the money he's on is ridiculously low.

John Catlin

The factb is if you don't like it move on.

It's as simple as that.

Thae law takes too much time and you go in the Black Book.

End of story.

All the best,

John Catlin.

50 years experience of the crap.

carpet

Has his company got a HR department ( I know HR are usually **** ) but they could help him out.

Failing that get a few mates together and go kick his keeshter in !

DazV

Not as simple as moving on to the next job.

He's 50 years old, has found it near impossible to get another job and is scared to upset the boss in case he's sacked. He's in a bit of a predicament.

fast bloke

Murder?

DazV

Yes, murder - anyone got a chainsaw ?

Perhaps we could video it, then market it as Texas Chainsaw Masacre VII....DOH!

Brendan Hughes

Odd that he doesn't have a contract. If he's working for money off the books, then you get what you pay for.

Otherwise, if he's been working there for long enough, even if he hasn't got a written contract, I am sure lawyers (I was going to say the court but I suppose he doesn't want it to go that far) would imply terms and conditions - what he's "reasonably" expected to do.

SD

Unfortunately your friend cannot claim constructive dismissal until he actually resigns.

Don't know much else I'm afraid but getting caught up in a similar thing last year I do know that. Best of luck to your friend.

Simon.

DazV

Thanks all.

camk

First thing he should do is keep a diary of all the events,starting today, this is absolutely crucial if he's to go to court in the future.
Secondly as he's been there for over 2 years a contract is implied so he now cannot easily be fired without at least redundancy terms being met(not much if only statutory payments).

Best of luck
Cammy

DazV

Cammy, he's been doing this since the start of his employment.

camk

Tell him to get the name of a local employment law specialist solicitor and tell him to get down there sharpish with his diary. The other possibility is local ACASS office as they may offer a similar service(they did in Glasgow, free), they offer advice to employees and employers and so can be seen as impartial. He or they should be able to read it and say if he has a reasonable case. Lifes to short to work for guys like that. Remember there are now no longer any limits on fines and damages relating to employment tribunals. Or possibly by joining a union and get them to pursue it, you don't need your employer to OK that your in a union, they will provide legal representation even if the employer does not recognise their representation in the workplace.

All the best
Cammy

Robertio

iTrader: (1)

DV, it is illegal to employ someone full-time without a contract (my partents used to own a shop, and even had to give contracts to people who essentially served customers and stacked shelves). So as others have said: get a solicitor who knows what they are doing involved, the fines for not providing a contract are huge (and time based, the longer you don't have one, the more they pay)

DazV

Thanks, thats good advice. Will pass it on.

Life IS too short to work for someone like that, but at 50 years old, he's really struggling to find anything else. So the only alternative is to make his present working conditions as bearable as possible.

-DV