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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70449
Experience:  Qualified Employment Solicitor
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My wife is being made to work with as little as 5-6 hour

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my wife is being made to work with as little as 5-6 hour brakes between shifts
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: i have spoke to the club chairman about this matter but it is still happening so now i want to sue them
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: my wife is the only employe the rest of it is commity run
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they have cctv fottage so can prove they are braking eu law how do i request this, my wife is not happy about it but it is drving a massive wedge between me and my wife and four kids
Customer: replied 19 days ago.
can i send this letter to them and if so is it correct?To the rugby club chairman or director.I am here by requesting under data protection law, either copies of the CCTV camera footage on the below dates, whilst I know you have the right to protect the identity of members of staff and the general public I would be happy to cover the cost for their identity to be blurred out, if this is not possible I request a private viewing of these dates in order to build my case against your organisation.
Dates of specified footage:- 12/09/2020 to 13/09/2020 29/08/2020 to 30/08/2020 14/08/2020 to 15/08/2020 to 16/08/2020As it is a legal requirement to hold at least 31 days of footage for private organisation the following request for this information falls within the specified time frame.I am partially interested in the first 30 minutes of the start of the day when the club is opened and the last 30 minutes of the premises closing at night.Under UK law you have 30 days to comply with this request, you can refuse but If you do I will start legal proceedings and then it will become mandatory to supply the evidence as a criminal case, for breach or EU contractual law as well as health and safety legislation.This all can be resolved in a much more pleasant manor with the immediate resignation of Paul Mchuge as club chairman and him having no part in the clubs future as he is clearly unfit to manage the safeguard of members of staff, otherwise my hand will be forced to seek legal compensation to the sum of my solitons discretion.Regards *****
33 Shelley Close
Yeovil
Somerset
BA21 3TX

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What is her line of work? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 18 days ago.
She is the rugby club steward, she is also out of contract 3 months ago, they were suppose to give her a new on Monday but there never happened and she is supposed to get a bonus every 6 month on wet sales and event bookings but it’s been over by 3 months and still not paid, they also paid her ferload pay but she’s been working 50-60 hours a week

Many thanks for your patience. Under the Working Time Regulations 1998 the employer would have an obligation to endure that their workers have sufficient breaks, both during and in between shifts. In terms of daily rest, that is 11 hours uninterrupted rest in any 24 hour period. So whilst there could be 5-6 hours rest between shifts, the requirement of 11 ours continuous rest in 24 hours must still be fulfilled.

In terms of any money owed to her, such as bonus or furlough, that can be pursued through the Employment Tribunal if needed.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

The next steps you need to take in order to initiate the conciliation procedure are to contact ACAS, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

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Customer: replied 16 days ago.
I just seen post the problem is my wife does not want to do this she doesn’t want them to sake her and she loves her job, but from my point of view they are indangering her life,

I agree that it can be serious, but in the end it is up to her what she is going to do about it. All I can do is advise you of her rights and options but whether she actually acts on it is up to her. Hope this clarifies a bit more?

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Thank you for taking the time to leave your feedback - it was my pleasure helping you with your query. All the best