if the time on the PC is wrong it will still show how many hours he was in the office and how long he took for lunch...
i agree a pc time can be wrong, but its never going to loose more than a few fractions of a second in a day worst case
A question about employment law
- Thread starter Bleek
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if the time on the PC is wrong it will still show how many hours he was in the office and how long he took for lunch...
i agree a pc time can be wrong, but its never going to loose more than a few fractions of a second in a day worst case
Agreed - but that doesn't account for the door access system, the wall clocks and/or their own workstation showing different times... even their personal watch and phone for that matter.
See the problem in verifying PAST data?
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It's come from high-up but it's looking like constructive dismissal to me, they have hit other targets near perfectly and only failed on this point... rather ridiculous to take them to a formal meeting.
To be fair if said employee takes them on constructive dismissal grounds I guess they get what they deserve. I'm middle management, a pawn in this silly little game. It's clear they want rid of this person.
Why not just make him redundant? Better for everyone all round that way, and also makes it easier for guy to get another job... From what i see it looks like bullying and they are just trying to mess up any future opportunities...
A lot of companies do not know how to handle these things correctly...
Off topic question
Does anyone know if any form of roll up holiday pay is legal, as I can only find reports that its is illegal under a ECL work directive. Yet have a contract stating thats how im payed RHP and its stated on my payslip. I went from company freelancer on a set daily rate of x amount, but when I was given a contract the X amount was lowered and RHP was added onto it to amount to the same.
Is RHP illegal?
I ask this because I have been told that it is. However I have my assumptions that they are trying to avoid a larger problem if they are wrong.
Does anyone know if any form of roll up holiday pay is legal, as I can only find reports that its is illegal under a ECL work directive. Yet have a contract stating thats how im payed RHP and its stated on my payslip. I went from company freelancer on a set daily rate of x amount, but when I was given a contract the X amount was lowered and RHP was added onto it to amount to the same.
Is RHP illegal?
I ask this because I have been told that it is. However I have my assumptions that they are trying to avoid a larger problem if they are wrong.
Doesn't work. If they are just making him redundant to get rid of him and then replace him in the job, he will have a field day at tribunal. My old firm tried to do this to get rid of a manager who didn't suit. Made up redundancy and criteria to fit getting rid of him and paid him off £10k despite my protests that we were on rocky ground.
He took the firm to tribunal and won another £25k and the company incurred £10k in legal costs despite the solicitors saying the company only had a 40% chance of winning the case and advising against defending it.
It was already asked and denied by the head, it would have saved the company about 15k over the year because he's highly paid and in this market could have been replaced for much cheaper.
Just happen to show a time on the phones, no login required to the phone system.
It would appear that although technically illegal and that's the advice the BIS gives, however tribunals and the courts rule otherwise. Until the law is actually changed in this country it's safe to say that it will be treated as legal in Tribunals and the courts which is where it counts. See below for a fully explaination.
It can work if you sign a waver/agreement to say it's a mutual decision... I can't remember the exact name of it, but it's a legal 'agreement' that means you can't argue the redundancy because you were part of the decision making process.
As above, you can;t make him redundant and then replace him. That could have cost £100,000 in a tribunal.
even if he is ariving late you cannot sack him for it....
unless he already has written warnings for it,
Sounds like your boss is trying push someone out of a job for no good reason, the only way I can have any sympathy with your situation is is you are a small struggling business... and the guy is a slacker..
unless he already has written warnings for it,
Sounds like your boss is trying push someone out of a job for no good reason, the only way I can have any sympathy with your situation is is you are a small struggling business... and the guy is a slacker..
you have to change the job spec when you employ the next person our company does it all the time...
however really he should speak to an employment lawyer
You could with his agreement of course reach a voluntary redundancy or a termination agreement and you see this happen quite a lot with big PLC's.
However, these kind of settlements tend to be quite large. The other problem, is if the employee doesn't want to leave no matter what they offer him, then it becomes very difficult to force them out later through disciplinary as it can be viewed that you just want rid of him and could count against the company at Tribunal.
It's not impossible to do it right but there are so many things which can trip the company up even down to a letter not been done by a certain timescale which then makes all the rest null and void thereafter. I was once involved in a Tribunal where the chairperson said that the reason the company had dismissed the guy was correct and they wouldn't have ruled against us but since we got one letter wrong in the early days she had to rule in favour of the employee on a technicality and awarded him £10k.
Just because nobody has taken your company to the cleaners at Tribunal doesn't mean to say they couldn't though
The frustrating thing is and I do feel for the guy, he met all his tasks with flying colours and to be fair a few of them I'd question were slightly unrealistic. So to be failed because of two days in 5-6 weeks of 'lateness' is rather harsh, I'm sure he could argue that too.
Either way the head wants rid (he went to him for redundancy) and his puppets below have to follow suit because they don't want the same happening to them. I feel like piggy in the middle.
Either way the head wants rid (he went to him for redundancy) and his puppets below have to follow suit because they don't want the same happening to them. I feel like piggy in the middle.
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Current employer got in trouble over that.
If your rostered shifts are 9-5 then thats exactly what u do.
Got the union involved and we need to be at our desk @ 9 not 5/10 mins early, wether or not the computers are ready, we have logged in or the systems are ready is our fault.
10mins per day per person, sharp adds up, when they were advised we would need paid for these 10minutes they stopped asking us to turn up early.
That's a the key point though surely? In order to be at your desk by 9, you need to have arrived earlier than that? Our clock machine is just through the door on your way in.