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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44911
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Am under immense pressure to quite my job as my boss has done everything possible to frust

Customer Question

am under immense pressure to quite my job as my boss has done everything possible to frustrate me
Summary :
i am a 15 year Childcare professional manager hired 14 months ago to bring change and improvement to a private childcare nursery and to stand in for the proprietor as at when required
Background problem
Refused formal contract of employment so no terms defined in writing and signed
Placed on a 0 Hour contract without any notification by employer
Refused all forms to 121 communication
Shouted at at every opportunity
Undermined in front of staff making management impossible
Bullied constantly as i also have my little girl in the nursery.
seeking isolated cases and blowing this up to derail me
i have now been Invited to a formal meeting based on minor complaints from a parent who had arrears ( Fees) and report from a staff complaining that she was not relieved in time
What re my legal protections here as i am extremely frustrated about such t
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. It appears that your question was cut short can you please check and provide the missing details, thanks
Customer: replied 8 months ago.
Hi Ben ,
I am under immense pressure to hand in my notice as a childcare manager for a Nursery i have dedicated the past 14 Months to . My little girl 2 year old also attend the nursery
Summary Background :
Successfully hired 14 Months ago to come in to improve quality assurance, fee intake and staff productivity by owner
But for some reason after several request i was never provided with a contract of employment defining the above
All attempts to carry out my management duties have been eroded by owner
Employment terms converted to 0 hours without any discussions or notice , no holiday pay , if i take my child to hospital i don`t get paid , if i am away for any reason i simply get a reduced income .
Incredible bullying and shouting by owner has escalated to an intolerable level in the last few months
All attempts to have a property sit down , review plans , get clear direction for the nursery have been refusedI have now been invited in for a formal meeting to discuss a complaint from a parent and complaint from a staff based on investigations i am unaware offWhat are my legal options as this cannot be right on all fronts and i am very depressed and stressed by this treatment ???
Expert:  Ben Jones replied 8 months ago.
When you were employed were you promised specific hours or salary? Also you say you get no holiday pay, do you get no holiday pay at all and no entitlement to holidays?
Customer: replied 8 months ago.
Specific salary was promised but not on a 0 hour basis , i do get holiday pay , but any hospital away days to take my children to hospital is unpaid
My focus here really is the overall treatment here and what my options here are please ??
Expert:  Ben Jones replied 8 months ago.
The issue you will face is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you to leave for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. You do not have the right to be paid for taking your children to hospital unfortunately, this is not a legal right. They could pay you under their own company policy if they provide such a benefit but if you are not working you usually do not get paid. You will have to either take the time off as holiday and get holiday pay, or if you are sick yourself – go on sick leave and get sick pay. So it is your length of service which lets you down here I’m afraid and whilst you can challenge the employer internally through a grievance, if you are forced to leave or are dismissed you would not be able to challenge it. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 8 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 8 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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