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 Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10188
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

Can a father and daughter work in the same department of which

Customer Question

Can a father and daughter work in the same department of which the father is a Head?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.

Buachaill :

1. I regret to say that unless the internal rules of an organisation prohibit nepotism whereby a daughter takes over from the father and boss, the law does not intervene in this area. The law lays down no rules prohibiting or preventing a child taking over from a parent in a work environment where the parent is the boss. Nor does the law prohibit or prevent the situation you have described where the daughter is being groomed to take over your job. The only protection the law provides is that you may not be unlawfully made redundant. But it does not prevent the boss's daughter taking over your role providing you have been dealt with in accordance with law. I regret to say the law does not have provisions preventing this type of nepotism, however undesirable the practice is. I would suggest you seek to speak with the owner of the business and point out what is going on, especially given the lack of experience and qualifications which the daughter possesses to do the job properly. For a recruitment process to be valid, the person (daughter) getting the job must possess the necessary qualifications for the job. So, if you re-interview for your job, you can legally challenge the daughter's appointment.

JACUSTOMER-7bx9r7ir- :

I have found a document which is a draft at the moment and had been sent from my boss to a Director of the company stating they will make Customer Care Manager (me) redundant in April 2014 because of decline in work and business in general. Question is that my boss who is responsible for budgets and forecasting would have seen this 6 months ago, so why has he brought his daughter in knowing the business would go quiet and there would be a sharp decline in business. He is stating there is no job for Customer Care Manager as I'm on higher salary than daughter and thus the company would save money if they made me redundant. Does the rule last in /first out doesn't apply?

JACUSTOMER-7bx9r7ir- :

A daughter doesn't have my experience and I can't see her applying for my position as some of my managerial duties would be passed on to more senior colleague. The question is that she is staying and I'll be made to leave because my post will be made redundant and there is no much I can do. Please advise.

JACUSTOMER-7bx9r7ir- :

A daughter was brought in to help out on temporary basis so why was I not told of this and only just now a Director of the company admitted that this was the arrangement. I was however told that she joined on permanent basis, I've trained her up and now that she has learnt the ropes I'm no longer needed. I can't manage her because her father sits 3 feet away and interferes in and defends his daughter at every opportunity, so his daughter is totally invincible. It's not easy for other colleagues in the team, everyone has to bow to her because of who she is and no one wants to fall on the wrong foot with the boss who ultimately decides of everyone's future, evaluates performance, giving out bonus etc. No one has guts to anger him by being horrible to his daughter, this is making a working life very uncomfortable especially when we are all sitting in a small tight office. Please advise what else I can do? How much redundancy payment I can expect to receive for 10 years of service and will company give me reference for my future employer giving the circumstance in which I found myself in?

Buachaill :

2. Essentially, in order to make someone lawfully redundant, their position must disappear or else someone else's job must disappear and they take the leaving person's job. So here, your boss is attempting to legalise your redundancy by making your job disappear. However, you then must be offered the next lowest position in the company. Valid reasons for redundancy include:

  • New technology or a new system has made your job unnecessary
  • The job you were hired for no longer exists
  • The need to cut costs means staff numbers must be reduced
  • The business is closing down or moving
Buachaill :

3. Here your boss is attempting to legalise your redundancy by making your job disappear and also highlighting the need to cut costs, whether this is a valid reason or not, given that he continued hiring staff over the last few months?? Here you should be aware that you can legally challenge the selection criteria applied to the redundancy, particularly if they are arbitrary.

You can’t be made redundant arbitrarily – your employer’s criteria should be clearly defined and as objective as possible. They may include formal qualifications and skills but shouldn’t be based on these alone. Suitable criteria include:

  • Attendance record
  • Disciplinary record
  • Skills or experience
  • Standard of work performance
  • Aptitude for work

Your employer should also have an appeals procedure.

Buachaill :

4. In this regard, you should assemble the basis for a case against your boss should he seek to make you redundant. Be aware that your boss will have to act within the law, as otherwise his own job will be on the line. Ultimately, the directors will not want a legal claim against the company. You will have to be given a notice period - minimum 9 weeks for you - before the job redundancy can take place. During this time, you should assemble all the information you can to fight your legal battle. At this juncture, you should make everybody aware of the nepotistic tendencies of your boss. Make sure the directors get wind of it!

JACUSTOMER-7bx9r7ir- :

Because I'm already stressed out and seriously depressed from the whole experience, would my employer speed up redundancy just to get rid of me? What is my entitlement for 10 years of service and will I be able to request reference for my future employer?

JACUSTOMER-7bx9r7ir- :

Can I take my case to employment tribunal?

JACUSTOMER-7bx9r7ir- :

what are the implications if I didn't win my case via employment tribunal?

JACUSTOMER-7bx9r7ir- :

As I mentioned I'm already highly stressed because of the situation, I'm concerned that my performance will be further scrutinized and my boss will make me feel as if I was under a microscope, he won't let me breath. I don't think I can much cope working under such conditions and will request from my GP to sign me off work due to stress. Would that have any impact on redundancy, would it halt/ speed up?

Buachaill :

5. I would not recommend that you go out sick on stress at this juncture. As I p ointed out to you earlier, your attendance record is a suitable and legally proper basis for selecting you for redundancy. So I would advise you to continue to attend work if you can. Going out sick on stress is like throwing your cap at it. You can start preparing for your next job! Secondly, You can only take your case to an employment Tribunal if you have been unfairly dismissed. That means that the basis for your redundancy must not be lawful. That is why I have attempted to set out the law for you so you know what is permissible and what is not. All of this is still only a possible and not a probable outcome. I would advise you to react when the time comes and you get notice. It is still too early to be fighting a battle that might never happen. Just know your ground at this stage.

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:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    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

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions