Tuesday Q&As

31.1.23

January is finally over - it’s been a long slog and the questions have been coming in thick and fast. Here’s this week’s selection:

• Sex discrimination and victimisation

• Notice period extended then reduced - Is there a breach of contract?

• Redundancy with less than two years’ service - Can I claim unfair dismissal?

• Can my employer refuse to pay me overtime because I earn commission?

• Closed at Christmas and no pay, but I was willing to work

• Family members want to take holiday at the same time - must employer grant it?

• Unfair dismissal on a zero hours contract

• Resignation rescinded and back at work. Does the disciplinary process still continue?

• Told to work days instead of contracted nights - Can the company force me to do it?

• Personal mobile phone for work purposes. Should the employer make a contribution to the cost?

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Sex discrimination and victimisation

Q. My daughter needs help she works in a factory with all blokes . And the supervisor keeps saying to her . Please except my apologies for the cruidness whats up you on ya rags then he goes and shouts it to all the lads and inbarasin her and its making her depressed please can you help me thanks.

A. I take it the crudeness relates to sexual innuendo and other comments of an explicit nature intended to embarrass her. Tell your daughter to make a note of dates and time, what was said, and if there were any witnesses to any behaviour which is upsetting her. She can write it on her phone, text it to you, or make a note when she gets home. That way she will have a date and time stamp on the message or email. She could even consider covertly recording it on her phone.

When she feels she has enough specific examples, write them down in a grievance letter, text or email to her line manager. He/she must address them. If she suffers any detriment such as further ridicule or even dismissal she can take action.

This is already an example of sex discrimination and if anything happens as a consequence of her writing the grievance it will be victimisation too. The grievance should be investigated by the company. She will have the opportunity to appeal the grievance decision if it it not addressed satisfactorily and following that, if she is still not happy and the behaviour is continuing form her colleagues she has the option to make a tribunal claim.

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Notice period extended then reduced - Is there a breach of contract?

Q. I handed in my notice (1 week as I was still on probation) after my manager spoke to me really badly. I offered to stay until the end of January as my job role is not one that can be replaced quickly. He agreed in an email and HR were copied in. A grievance was against me due to me needing to suspend a member of staff. She complained that I called her a big fat black lady which is completely untrue. It was upheld without evidence or witnesses. They therefore decided to go back to the 1 week notice.