My employer's trying to manage me out. What should I do? [LBC Legal Hour]
Vložit
- čas přidán 14. 04. 2022
- Francis works part-time for a betting shop but is regularly asked to work overtime. He requested that he be consulted over extra hours and three days later his employer began disciplinary proceedings against him for an historic and trivial matter. He also overheard his bosses talking about managing him out. Daniel advises Francis on his next steps.
📻 LBC Radio - www.lbc.co.uk
📚 MY BOOKS
Employment Law Handbook - www.employmentlawhandbook.co.uk
Resolving Grievances - go.danielbarnett.com/books/gr...
Constructive Dismissal - go.danielbarnett.com/books/co...
Employee Investigations - go.danielbarnett.com/books/in...
Deconstructing TUPE - go.danielbarnett.com/books/tupe
All small books - go.danielbarnett.com/books
🎁 FREE STUFF
Employment law updates - www.danielbarnett.co.uk
Employer’s guide to redundancy - go.danielbarnett.com/free/red...
Podcast - go.danielbarnett.com/podcast
Sources of free legal advice (video) - • 15 ways to get FREE le...
Deconstructing TUPE (video course) - go.danielbarnett.com/courses/...
💎 PRODUCTS, MEMBERSHIPS AND COURSES:
Virtual Employment Law Academy - virtualemploymentlawacademy.com
The HR Inner Circle - hrinnercircle.co.uk
HR Policies - policies2023.com
Chat GPT for lawyers & HR - danielbarnett.com/chatgpt/
Getting Redundancy Right - gettingredundancyright.com
Changing Terms and Conditions course - courses.virtualemploymentlawa...
Marketing your Employment Law Practice - go.danielbarnett.com/courses/...
Own-branded email updates for solicitors - www.employmentlawbulletins.com
🌞 WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (www.danielbarnett.co.uk) and work out of a set of Chambers in London (www.outertemple.com). I have a weekly podcast (go.danielbarnett.com/podcast) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (www.hrinnercircle.co.uk). I present the legal hour on LBC Radio (www.lbc.co.uk), the UK’s leading commercial talk radio station with an audience of 2.8m listeners, every Saturday night at 9pm.
☎️ CONTACT ME:
If you’d like to talk, I’d love to hear from you.
Twitter / X: / daniel_barnett
Mailing list: www.danielbarnett.co.uk/site/...
Podcast: go.danielbarnett.com/podcast
Subscribe to this channel - click ‘SUBSCRIBE’ above
Tweeting @daniel_barnett directly is the quickest way to get a response. Sadly there aren’t enough hours in the day to respond to everyone 😭, but I promise I read all messages.
♨️ IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (March 2022), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.
PS: Some of the links in this description are to my own products or are affiliate links that I get a commission from.
![When can I insist on working from home? [LBC Legal Hour]](http://i.ytimg.com/vi/UCyyC3xSCC0/mqdefault.jpg)
![When can I insist on working from home? [LBC Legal Hour]](/img/tr.png)
![My credit card company refunded me - but now I'm being sued! [LBC Legal Hour]](/img/n.gif)
One challenge with notes is making sure they accurately reflect the meeting and not the employers agenda, adding or omitting information to suit them.
Managers have sneaky ways for doing that workers don't realise until its too late
Speak to ACAS. Regardless of what they say get yourself another job mate. It’s not worth voluntarily working under toxic conditions.
This happened to me, I used to only work three days per week. My boss one day, told me to work overtime one day the week after. That week I was on holiday, when I said I can’t, sorry. Next thing I know, she pulls me into the office and tells me that if I don’t accept it, then she might terminate my contract when it’s up. It’s horrible bullying. I had to change my holiday for a day later, and did it, but I was still let go of at the end of the season. Shocking
Look they can change the rotas and say its business needs you do not have a comeback. Then when it comes to pay offs they will use the excuse of lack of work we need to let you go.
It works the other way to, I have employees that take the right piss and you can’t just get rid of them. I would never ask someone to cancel a holiday though.
When I say you can’t get rid of them, I mean without jumping through loads of hoops and paying them off. In my opinion the laws are totally in favour of the employee which is wrong. If they are useless they should be sacked, like it used to be.
@@choppernumberone7279 I fully agree with u there I worked in a factory for years I've been both ends of the stick. But there were people getting paid off who were excellent workers who who's face didn't fit and got deliberately paid off. One got set up in front of my eyes 10 min later sacked
@@choppernumberone7279 In this case, it was my first holiday of that year. Bad management caused it, failure to plan ahead
Francis should not attend any meeting without someone with him, whether that be a work colleague or a union rep. He also needs to request a copy of all of his employers minutes from his meetings. He can ask for amendments to their minutes if they are not correct. Definitely raise a grievance against his employers including what he overheard, who said what & the times dates. All future communication with his employers about this issue should be done in writing for evidence, he needs a paper trail. (My mantra, if it’s not written down it never happened). He needs to write down notes of any incidents against him, historical & present. Also, to make sure he abides with timescales of grievance procedures (ensure his employers abide to them too).
The employer does not have to agree to union attendance, that is at formal stages as a general guiding principle. If raiding a grievance the grounds should be clearly outlined along with stating what outcome is desired.
When it comes to an employers duty of care in relation to occupational health, should an employer take all duties of an employee into consideration, or merely those listed within their contracted role? As is often the case, employers tend to impose a completely different job role on employees in addition to their contracted role. Then when things go wrong, they refer only to contracted duties rather than acknowledging an employee having had his duties doubled with a second completely different job role. Thousands of workers will be in the same situation
If it’s an informal meeting there is no automatic right for union attendance as an fyi.
Anyone who found themselves in this position, record rhe meeting, be calm and relaxed.
Don't leave
I started a new job I have an offer of employment but no contract should I force the subject
Yes, you should receive your contract of employment, within 2 months of starting. You are entitled to ask for one and your employer should provide it to you. This is an important documents as it sets out your holiday entitlement, notice period, benefits etc
It's rubbish when this happens , just get another job and MOVE ON. :)
@SONofTHC been working from 16 , it ain't changed . It aint gonna change , and you're naive to think it will . It's called the establishment for a reason.
Best advice here.
mate they don't like him period. he is of foreign nationality. its clear they want to treat like slave . and if he is coloured its clear why
How can you make that presumption. Anything that happens always gets tarnished as being racist. If they were racist why did they hire him in the first place?
I am not saying this guy is not being mistreated but to say it’s based on him being black has no basis.
@@nathanmoore7120 because I had the experience that for 1. secondly he is of foreign national. and he could be black. you wouldn't know unless you in those gatogery. the discrimination we face at work places is unbelievable. we just want to earn a decent living and be treated as equal. that's all mate.
Your to to reaction is to claim racism that's a problem. The fact they're trying to get him of him could be for any number of reasons. You have no record of his accomplishments or workrate, they could be downsizing, reducing budgets. You assuming his managers and employers are racist, I'm guessing your also assuming his employers and managers are white, you have no proof of that. Here's a thought, they could just be arseholes. He could be bad at his job, his employers may not be white. Your presumption of racism is what's wrong with a lot of the world today
@@Sekekama445 If your go to is "racism" you may well have a problem.
Not everything is racism, and for all any of us know he could be lazy, always sick, have a bad attitude, or often be late, or alternatively his boss could be crap.
We simply don't know enough details to cry racism over this.
@@ultrademigod I agree with u or with some of u. but u just have to experience it to feel it. because what alot of us have to go through and feel when a colleague ,who does the same job same hours with a lot of less efforts gets 25% or even more than u. then u might understand. I get where u come from . I get ur analogy and I agree with it . but ??! hand on ur heart and tell me Di u believe there is equal opportunity for everyone in this country? I don't think so. because if it did realistically. great Britain 🇬🇧 won't be in this mess. hope u understand.
What a c**t of a legal expert, he could not even pick up on what the guy meant by being noted, he meant he did not want to receive a warning either verbal or written, for an alleged minor historical infringement.
Makes sense but it's not so obvious.
Especially for a lawyer who spends so much of their time dealing with very precise language and has only a limited time with someone over the phone on a public radio station - when they don't have the time or the opportunity to pin down the precise issue.
You say he's a cunt but it's a good thing he's doing, even if it is an ego-trip, he's giving very good legal advice, which would cost a lot if you hired a lawyer, and would take a much longer time and be of unknown quality if you went to a public legal advice body.