Forced days off work

[gaby]

Ok, got a text from DH this morning saying his work have screwed up again with staff training and he cant work again until after his next staff training on monday night.

He's not on a contract, so they're saying they dont have to compensate him for the lost earnings. Basically they technically employ him on a day to day basis BUT he's booked to do set hours each week.

Do you think there's anything he can do? Its not the first time they've done this either. I guess we're just lucky that at the moment a few days lost earnings wont matter because we're living with his dad.
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[Iwantone!!!]

have u contact CAB???

 

[Helen]

Hi Gaby

How long's he worked for them? What's he do and what's the basis on which he's employed?

Helen

 

[gaby]

He's worked for them since november kinda half way between part time and full time. He's also worked for them at weekends for years b4 that.

He's a lifeguard. Not on a contract, but he has set hours but they're just annoying and wont take him onto contract on those hours (cause they'd have to pay him more ) So basically if he wants he can say "i'm not coming into work today" and thats their problem not his. But he's never done that. Well, once, but i needed him

I dont think its really worth contacting the CAB over for a couple of days work. I was just wondering what he could do, if anything without involving anyone else and not losing his job.

 

[Trinity]

To be honest if he doesnt have a contract and so doesnt state specific hours that he gets paid for i dont think that there is much you can do really. Sorry hun!

 

[Helen]

Hi Gaby

Even though he is employed on a casual basis he is still legally entitled to written terms and conditions of employment under S1 of the Employment Rights Act 1996. It's possible to go to an employment tribunal to get his employers to provide this, but I doubt that he wants to do that.

Can he refuse to do those set weekly hours or decide from week to week what he wants to work? If so, then any contract would likely say that his employers aren't obliged to offer him any work. If he's been booked to do a minimum number of hours per week since November and he's expected to at least do them and decide what he wants to work over and above that then those minimum hours are implied into his terms and conditions and they should compensate him for them.

Frankly he might be stuffed for this week. They're not going to want to get into an argument and they'll just stop employing him if he gets difficult. He could write them a letter to say that he was disappointed with the way this week was handled and setting out (in the absence of a statement of employment particulars from them) how he perceives his contract to operate.

Not sure if this link will work, but you could try cribbing from this standard set of T & Cs for a casual worker someone posted up on an HR site https://www.cipd.co.uk/discussions/Internal/getme.asp?AttID=39

Hope that helps.

Helen

 

[Imi]

When you are a lifeguard and are NPLQ qualified like ALL leasuire assistants should be regardless of weather you are full, part or causual hours, if ur not upto date on staff traning you are not allowed on poolside or to work in the buildingg.

This is for health and safty reasons as well as from a insurance point of view ...

know this as i did one years ago and i wanna re new mine

xxx

 

[gaby]

Mmm, i know that Imi, thats why he cant work ^_^ But DH told me its their policy not law, but he's (or they are) prob wrong

Ok, thanks for your help girlies. I knew it was pretty hopeless but thought i'd ask anyway ^_^ It does mean I get him home with me YAY

 

[Imi]

tis most if not policy for all leasuire companies

Least you get him home like u say!

xxx