Member Since: 1st Jul 2003
Human Resources Director with extensive leadership experience across a wide range of organisations and industries. Utilising cultural and business awareness to drive through complex change programmes making HR relevant to business and delivering a positive impact on the bottom line. Thriving in situations of ambiguity and uncertainty yet able to deliver long-term strategy alongside the necessary tactical responses. Acting as a true partner to business on people issues and the wider corporate agenda
Director of HR Veolia Water UK
My discussion replies
No its clearly not right - you have performed your side of the contract and they havent! Therefore you have a right to feel agrieved. However in the wonderful world of agencies I fear this isnt that uncommon. This is especially true when they first take people on as their admin systems leave something to be desired.
the question here is what you can/should do about it. I assume that this is a repuatable agency and that eventually you will get paid? Therefore your choices are:
1) Wait to get paid and grin and bear it
2) Continue to pester the branch making a general nusance of yourself until they pay you
3) Look to enforce your rights legally through a breach of contract or small claims court case.
Personally if I wanted to work through this agency again I wouldnt follow option 2 or 3. Option 2 is likley to have you marked down as a trouble maker and surprise surprise your name just wont come up for any jobs in future. Option 3 is likley to be overtaken by events as they will pay you eventually (as its incompetence rather than fraud)
Its harsh but if you can i would grin and bear it and try and find other agencies to work for.
Agree with peter - No need for him to stay at home and in fact this would be against curent NHS advice which is that if you are showing no symptoms you are fine to attend work
Did you have any contractual clause preventing this either post or pre termination? Did you have a contractual clause saying they could only work for you?
They have breached the duty of mutual trust and confidence - but this was some months ago.
Legally you could try and take action but you wont get very far except big legal bills.
However if they hav taken anything from you (such as a client list) it might be worth trying to recover.
Agree with Peter - this is a live warning as the offence happened within the 12 months period.
I wonder why they are still employed?
Actually as far as I am aware there is nothing in the legislation that requires the employee to be a member of that particular Trade Union. Although why the Trade Union would representent someone who is not a member.....
All that is reuired under the legislation is I believe that the Trade Union official is authorised by that Trade Union to represent people. Therefore its fine to ask for proof of that.
Yes they can - the employee is entitled to bring an officer of any Trade Union who is authorised to represent people in disciplinary situations. This applies regardless of whether you recognise Trade Unions or indeed if you do if the official belongs to that Trade Union.
Unless you had the contractual right then the original deduction was an unauthorised deduction from wages and unlawful. You had no right to take this money in the first place and in my view shouldnt have - it appears that your investigation was flawed and incomplete.
Now there is clear evidence that someone else took the money you should return it straight away to the unfortunate employee. Whilst potentially he might be out of time to bring a claim this doesnt make your action right legally or morally.
Deducting money for mistakes (even if you had contractual permission) is rarely a sensible move. You have a disciplinary policy (I hope) and you should have used this if employee was negligent.
First I think you would have to face up to the fact that this person may not be a bully at all, you say in your note that she "appears" to do everything by the book and has exacting standards. Perhaps this could be a case of someone raising the bar (acceptably) of performance and someone not liking it? Thats the hurdle I think you need to get over.
To prove bullying I think your Mother would need to keep a detailed record of all the incidents of "bullying" and how they made her feel. Date, time, place and what actually went on, what was said and how in your mums opinion it was said. Also how she is treated differently to other people. Then analyise this record to try and prove a record of bullying. In addition if she can find others to do the same then all the better.
If she is a teacher then I would get her Trade Union involved - they tend to have pretty hot policies on bullying and dignity at work and may bring an independent eye to this.
I wouldnt be too hard on her HR people as they need some sort of facts and evidence to go on against a seemingly "good" manager.
Making teh PT worker redundant simply because they are PT is almost certainly unfair.
You need to score each of the three on fair and objective criteria and select the two most appropriate people. Then you should look at the hours/work pattern etc. You will need to justify the FT hours and why the role must be done full time.
Alternatively you could ask for volunteers and hope the PT employee volunteers.
There is no need to have a specific contractual or disciplinary condition.
If they lose or do not have the legal right to work in the UK you can not employ them. The contract (if it existed) comes to an end by due process of the law (one of fair reasons for dismissal) This is without notice as they are not allowed legally to work here so they can not legally work their notice.