How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask taratill Your Own Question

taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

My daughter is 17 and works part time on an 8 hour contract

Resolved Question:

My daughter is 17 and works part time on an 8 hour contract in a retail shop.
When she was given the job the company knew that she was a competitive fencer and she would need the occasional day at the weekend off - she was told this was ok if she notified them well in advance. This worked well for some months until a new Manager took over - who within 2 minutes of meeting her told other staff members that she would not be doing rotas around my daughter. This women has made life very difficult for my daughter and makes her take competitions off as holiday even though she has worked over 8 hours in that week.
The Manager issues rotas - then changes them without consultation with any employee and refuses to e-mail/txt them with changes, if they do not spot the changes on the notice board then miss a shift or are late for one they then get a written warning.
The Manager has demanded to see my daughters competition timetable - we assumed so that she could plan around them - but makes sure she is rota'd on.
She has also demanded to see my daughters college timetable.
She was off last Saturday with a migraine so rang in at 9am.
When she turned in for her shift on Sunday she had a long meeting and form filling session with a Deputy Manager/Floor Manager and during the form filling and conversations she had to tell them what medication she is prescribed for migraines and then was made to go and get them from her bag and show them. My daughter understands that they need to know that she is fit to work etc but feel that being made to show proof of her medication was not right.
At one time my daughter had a competition on a Sunday - she informed the Manager 6 weeks previous that she would not be able to work that day. She then reminded her 2 weeks before the competition and before the rota was set. When the rota was issued it showed my daughter working on that Sunday. When she reminded her of the conversations the Manager said that they "would talk about it on her next shift".
On my daughter's next shift the Deputy Manager had a "conversation" with her, he first started by apologising and saying that the Manager had told him to do it, he then wrote down the conversation. My daughter then had to sign it and she was then told it was going on her personnel file. It was not until she got home and we spoke about it that I asked if she had been told that it was a warning etc - she had been told nothing.
We have asked for copies of the written information - but to date have not had anything.
She is just a little confused as to what went on, what it was about and why it is on her personnel file.
This Manager has had 4 members of staff put in official complaints about her.
One member of staff has been signed off for 8 weeks sickness due to stress caused by the Manager.
Another member of staff left the business without a job to go to as he could not work in the atmosphere anymore.
One member of staff has had a disciplinary hearing for missing shifts/being late that were changed without her knowledge or conversation etc
It seems the new Manager is trying to get the original staff out so she can employ new people.
Some advice on the normality of 8 hour contracts, the Managers rights and my daughters rights etc would be very helpful.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long has she worked there for?

Customer:

Since 26'ish March. She is on a 6 month probation which is up very soon.

taratill :

The difficulty for your daughter is that in the UK employees do not have full employment rights in law until they have been engaged for 2 years. This means that an employer can terminate a contract for any reason in the first 2 years of employment so long as the reason does not amount to discrimination under the Equality Act 2010, which is discrimination on the grounds of sex, age, race, religion, disability or pregnancy or for raising a health and safety complaint.

taratill :

Whilst I sympathise with your daughers position, which I understand quite well as my son is a junior competitive tennis player I am afraid there is little she can do about this without risk that her contract could be terminated.

Customer:

OK. Is she allowed to ask for proof of medication etc. Is she allowed to change rota's without consultation once they are issued.

Customer:

Her contract states 8 hours on 2 rotational days - what could this mean?

taratill :

Your daughter is within her rights to raise a grievance about the way she is being treated and the changes of rota. The employer is not being very fair in doing this and in asking for proof of medication. The problem is though that if she does complain it is possible the employer could terminate her employment and she would have no recourse in law. So long as there is no discrimination unfortuantely the employer has complete control in the first two years of employment.

taratill :

I thin the contract means that there will be a rota for the 2 days over which the 8 hours must be worked.

Customer:

Thank you. Seems bad though that teenagers are trying to do positive things and work and get treated badly especially by a big Company. Thanks for help.

Customer:

One last thing - is she within her rights to ask for copies of the documents held on her personnel file?

taratill :

Yes she does, she has the right to this under the Data Protection Act. The employer must produce the file within 40 days of the request and may charge a £10 admin fee.

taratill :

I am really sympathetic to your daughters situation, most employers do not treat staff like this. :She has been unlucky.

taratill :

If you have any further questions please do ask.If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thank you for your help.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions