Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What does he wish to achieve in this situation? Also how long has he worked there for?
He worked there from approx. 3 years, but during that time he has lay off twice. The last contract signed on 4th November 2013. I do not really know what we want to achieve, because I do not know what we can realistically achieve.
did you get my previous message?
Hi, sorry I was offline by the time you had replied. If you are looking for compensation for the holiday then unfortunately the employer will not be liable for that because there won’t be sufficient remoteness in law to be able to claim for that. However, in terms of the employment side and what he can do to challenge this if needed then a good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce the incidence of stress at work. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence.
As no standalone claim exists for being exposed to stress, or similar conditions, the affected employee has the following options open to them if they were going to challenge their employer over this:
1. Grievance - this is a formal internal complaint, following which the employer is obliged to investigate the issues and deal with them in an appropriate manner. It should always be the first step in trying to bring the problem to the employer's attention and to try and reach a resolution.
2. Constructive dismissal - this occurs where the employee resigns because they feel they were left with no other option in the circumstances. Further considerations include:
3. Personal Injury - this is a claim for negligence against the employer. Further considerations include:
In the first instance, I would advise going down the grievance route first and only consider pursuing legal action as a last resort if it is evident that the matter cannot be resolved in any other way.
Hope this clarifies your position? If you could please let me know that would be great, thank you
We've sent e-mail with complaint to company, but we have no response up to date, which was 9 days ago. Also if the UK employment law specifies the maximum weekly working time?
it is 48 hours a week, calculated over a 17-week reference period (so in any 17 week rolling period the average cannot be more than 48 hours). However, if the employee has opted out of this limit they can be asked to work for longer than that
OK, my father has sign that he agreed to working more than 48 hours. However if the employer can press employees to work 12 hours per day, six days a week?
there is any limit after you sign opt out? Or you can working, for eg. 20 hours per day until you serve a notice to employer?
employees still have the right to an 11-hour daily rest between shifts (so 11 h from the end of work to the start of work next day) as well as 24h uninterrupted rest every week, or it could instead be given as 48h every two weeks. But that is it really, they can ask them to work any hours, subject to the health and safety rules aboive, until the employee decides to opt out
Can you please clarify the reason for the Poor service raring - I gave you a detailed answer and answered all follow up questions for you?