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Jenny, Solicitor
Category: Law
Satisfied Customers: 6466
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My wife has been working company 5 years ...

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My wife has been working for a company for over 5 years ... she works from home ... much longer hours than she is paid or allowed to claim ... it has reached ridiculous proportions where she is working day and night.
I cannot get her to do anything about it ... I have finally snapped after on our 25th Wedding anniversary I left her working at 5 am when I returned at 7pm ... then after buying a meal as she has had no time to make anything ... she carried on working past midnight and when I left her at 6 am this morning.
I called the HR department at her company ... they were somewhat aware of what she was under ... It is always just this contract but as I say it has been over 5 years ... I wish to take legal action against this company to compel them to their civic duty of care for her ... how do I go about it.
Hello my name is ***** ***** I am am happy to help you today.
Why does your wife not want to complain about this?
Customer: replied 2 years ago.
She is frightened she will be fired
Customer: replied 2 years ago.
I have just composed a letter that I am sending to HR. I am complaining even though she is not.
Customer: replied 2 years ago.
I can cut and past it here if you want to look it over
Customer: replied 2 years ago.
Avilion, Mill Lane
Eastry, Sandwich
KENT CT130LD21 October 2015Lorna Badrick
Head of HR
9-11 Bancroft Court
SG5 1LHRE: Alison GiboinFollowing my brief conversation with you this morning I am now articulating my concerns in a letter to you.My wife’s working week so far started at midnight on Sunday. She avoided working on Sunday for religious reasons.
I leave for work myself between 5am and 6am most mornings and return usually between 6-8pm
I returned Monday to find she had worked all day and continued on till midnight.Tuesday she was again at work at 5am, it was our 25th wedding Anniversary. I returned to and had to pick up lunch at 7pm as she had been working all day, she returned to work after eating her chips. At 8:30pm ‘the client called’ while I was waiting for her to finish and she continued working … since the office is our bedroom I left to get some sleep but checked in at midnight to find her still working. Not sure how long this went on for but by 6 am this morning she was working again.That’s how this week began which I describe as being typical.I had recently made the mistake of given her an ultimatum of not working while I was home … hoping you could at least keep it down to a 14 hr day. But since this is not possible I am having to resort to other measures.I have had enough of witnessing this abuse of my wife and am no longer interested in her concerns to prevent me from addressing this with your company direct.While she is routinely putting in a 70 – 80 hr week but afraid to register any more than 40 hrs, terrified for some reason that you will fire her!!! Does she get this from your company???While I worked away in Australia it was her Eldest daughter that had the job of getting her to stop work …. Usually about 2 in the morning.Her health and mental state are being affected. And I am sick and tired of hearing that you can’t recruit anyone.While my wife is doing the work of 3 people, (by the way I expect you to back pay her for this), what has been done to recruit anyone to share her workload in the last 5 years? Or do you have a ‘we don’t need to bother till she works herself to death’ policy?Please send me evidence of your attempts to recruit additional support and their job spec. and I will look to recruit suitable people and an agency that can actually deliver and you can pay for it.Now I am not interested in whatever my wife tells you … she is living in fear of being fired if she does not continue in this ridiculous vain. Again …does this come from you?I believe the hours she is frightened into to be illegal.
Not sure if there any compliance standards for how much a single individual must contribute to work that involves checking whether a drug works or not … but a doctor or a truck driver could not be made to work these hours.HR and the Directors of your company have entirely failed in your duty of care for my wife.I will look to get counselling for her, why she feels she needs to let herself be treated like this, I will send you the bill. Along with my own bill for the massage services I have to provide every night for her badly equipped home office.RegardsLee Giboin
Alison’s Husband
Customer: replied 2 years ago.
Think I will add that am taking legal advice and want a resolution in 30 days
Hi does your wife know you intend to send this letter?
Customer: replied 2 years ago.
Just spoke to her and said I was sending a letter but she has not seen this
Customer: replied 2 years ago.
Does not want me to involve myself ... but I have passed my breaking point
Hi the problem is that whilst I can understand that you are angry about the way your wife is being treated as you are not the employee you have no legal right to make a claim on your wife's behalf. It is up to her to do this.
If she does not want to do so and you send this letter on her behalf the employer will no doubt investigate but there is no legal claim that can be brought against her employer by you.
It would be better to talk to your wife and to urge her to raise a grievance. The wording of your letter is absolutely fine and your wife is perfectly entitled to complain about these things. She should add the wording that if they do not assist her with the work load they are 'in breach of a duty to care for her health and safety and in breach of a duty of trust and confidence'. She can also say that if matters are not resolved she will have 'no alternative but to resign and claim constructive dismissal'.
If you have any further questions please do ask.
Customer: replied 2 years ago.
She is not going to do that ... I am well aware I have no claim but ... but this amounts to abuse of someone ... I would intend to take them to court and lose but to drag in their clients and everybody concerned and make them lose more ...
Unfortunately your claim would not get through the initial 'sift' process and you would be ordered to pay their costs on the basis that there would be no reasonable prospect of success.
You really need to get your wife onside. You are going to make her more stressed if you get involved and she does not want you to.
She has the right to raise a grievance they cannot dismiss her from doing so. Perhaps go with her to have a free consultation with a local solicitor so they can assure her she as rights.
Obviously it is up to you what you do at the end of the day but legally you take a risk if you get involved with this.
Customer: replied 2 years ago.
Well I am adding your wording to the end of the letter and let them know that although she is feircely loyal and completely undervalues her own worth ... her family have had enough and will urge her to resign and claim constructive dismissal ... I have already said I have to move out as I can't continue to witness this abuse and her daughter has threatened to come back and smash her computer equirpment ..................would she have any recourse at all on claiming back pay?
no if her contract is salaried and not hourly there is no right to be paid for the additional work.
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: replied 2 years ago.
I have added this to the endIf you do not assist my wife responsibly with her work load and make redress of your past failure to do so then you are in breach of duty of care for my wife’s health and safety and in breach of duty of trust and confidence.And although she is fiercely loyal and completely undervalues her own worth ... her family have had enough and will urge her to resign and claim constructive dismissal ... I have already said I have to move out as I can't continue to witness this abuse and her daughter has threatened to come back and smash her computer equipment.
There is nothing wrong with you adding this. As I said before it would be better coming from your wife. She may not appreciate the interference but if you do decide to send the letter hopefully it will help you.
Please do take the time to rate my answer as I am not otherwise credited for my time. I will be happy to answer your follow on questions.
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