Holiday
Q Love your TikToks, thanks for doing these. My employer has changed my holiday year from jan- dec to feb - march to match their fye. Should the business consult with us as these are contractual changes? How long should the consultation last for business with over 1300 employees? Any help be appreciated.
A The start and finish of your holiday year should be set out in your statement of terms and conditions of employment. To unilaterally alter the dates would be a breach of contract, so your employer should consult with you before doing so. To match the start and finish of the holiday year with their financial year end would appear a reasonable business decision. Obviously your holiday for the year affected by the change should be pro-rated so that you don’t lose out.
How long should the consultation period be - how long is a piece of string? It has to be a reasonable period, so I would suggest at least a month perhaps a little more. Enough time to hear and address any objections.
Dismissal
Q After your advice please. Hi can a employer sack you if you do to want to work with another colleague?
A That depends entirely on the reason you don’t want to work with the other colleague. If there is an issue between you (work related) you should raise a grievance and set out the outcome you would like if it is upheld.
If it’s a clash of personalities, then your employer may decide to dismiss one of you to rectify the problem, particularly if either of you have less than two year’s continuous service, because you can’t make a tribunal claim for ‘ordinary’ unfair dismissal.
Toilet facilities
Q Can my tight fisted employer make office staff supply their own loo role? I would have thought he is not fulfilling H&S law.
A He can make you supply your own loo roll, and yes, you are entirely correct in that he would be in breach of his H&S obligations to you. The Workplace (Health, Safety and Welfare) Regulations 19921, set out what should be provided. The HSE have also issued an approved Code of Practice which in part specifically deals with this issue:
Toilets should be connected to a suitable drainage system and have an effective means for flushing with water. Toilet paper should be provided in a holder or dispenser. A coat hook should also be provided. In toilets used by women, suitable means for the disposal of sanitary dressings should also be provided.
So, tell him to pull his finger out (literally) and buy some loo roll!
Long term sickness absence
Q I've been on long term sickness now for 5 months. Due to mental health and an ongoing heart problem. My employer did ask me at my last welfare call if I plan on coming back to work and if so do I have a date in mind? I now feel pressured. Does this mean they may terminate my contract soon. I have another welfare call from them next week. (14 days after my last welfare call) this is too soon for me and has made me feel more stressed.
A Firstly, please don’t feel pressured. If the welfare calls are adding to your stress, just politely ask your employer to stop and you will endeavour to update them on your condition, say on a monthly basis. Make sure you communicate this in writing though - email, text or letter.
Your employer is no doubt wondering when you can return as it is probably using existing staff to cover your position or hiring a temp. Obviously this is not an ideal scenario and their enquiry is a legitimate reason to contact you, although as you say it’s unwanted.
The best way forward for both parties is that you undergo an occupational health assessment. The result of that will hopefully provide answers for both you and your employer and remove the pressure on you to return. Perhaps it’s something you could suggest to them when you write? Furthermore, dismissing you without a report, whether from a consultant or occupational health advisor, would be reckless and may leave you pursuing a claim for disability discrimination. I hope you feel better soon.
Terms and conditions of employment
Q Hi my employer has not given us are contacts yet is there anything we can do ? We started back in September also with zero hour contract do we have to work the hours they give us with out asking us for are viability? As there doing the rotas at 8pm ready for the next day?
A You should have contracts from day one of employment, even though you are on zero hours. Your employer is under no legal obligation to ascertain your availability before asking you to work, no matter how short the notice is. Whether you are available is another thing!
Sick pay
Q Basically, I have 2 part time jobs. 1, as a paramedic who drives an ambulance, 2 as a paramedic practitioner in a GP surgery. If I break my leg meaning my ambulance employer states I cannot work for them with a broken leg and I must go sick. Can I still work my other job sat at a desk talking to patients on the phone? Or am I breaking any laws claiming sick pay in one job and being paid in the other.
A You can still do your desk job with the broken leg and claim sick pay as an ambulance driver. It’s where you are doing the same job or similar for another employer whilst claiming sick pay you would come unstuck.
Training
Q Hey I just started working at kfc and I’m new and training but my what so called manager isn’t really providing me training I need and just gives me attitude when I mess up without really giving me the time to sit and do the till work. Any idea what I could do about this?
A If you have an issue, use the company grievance procedure (KFC definitely have one). You don't have a strong hand as you have just started working, so unfortunately few employment rights in respect of unfair dismissal if KFC decide to dispense with your services.
Deductions from pay
Q I saw your video in tiktok about suspension payment. I resign on august and they are not paying my suspension till now i have evidence as well .I mail many time to my manager and he said to me you get your pay but i still didn't get. Please can you suggest what can i do to get my wages?
A You have no time to delay. You MUST contact ACAS immediately and start ACAS pre-claim conciliation. There are strict time limits to make tribunal claims - three months less one day from the date your wages were due, so it looks as though you are either very close of just over the time limit. ACAS will extend it by one month.
Your claim will be for an unlawful deduction from pay and it’s very simple to do. ACAS will help you to a degree.
Interviews
Q Hi can my boss stop me going for a interview please
A NO, definitely not - unless of course it’s when you should be at work!
Itemised pay statement
Q hi hope your good. could I get some advice on receiving your payslips as my company just laughs when they forget to bring them into work. with the response you got the money in the bank so don't worry about it. it as been up to 3months late this past few months and be4 that it's been 2 or 3 days late. eg pay day end of month received payslip 3days later. I have mentioned there is a pay slip law but they just laugh any help would be appreciated thanks
A You are correct there is statutory duty for employers to provide workers with payslips.2 Section 8 of the Employment Rights Act provides:
A worker has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement.
So you must receive the payslip on or before payday. What happens if you don’t? Firstly raise a grievance, then if you still don’t receive your pay statements you can make a tribunal claim, whereupon a tribunal can ‘determine’ the particulars which the statement should contain. There is no financial penalty paid by the employer or compensation payable to the employee for a failure to provide a pay statement.
Realistically, there is little, if anything, which forces an employer to comply with the legislation, apart from having the successful claim posted up on the tribunal website, which is public. Perhaps it is the fact that can be named and shamed which will encourage them to comply.
Regulation 20