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Employment/legal advice please

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jackw72
World Chat Champion



Joined: 18 Nov 2006
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PostPosted: 18:14 - 02 Aug 2009    Post subject: Employment/legal advice please Reply with quote

Hi everybody,

Today at work something happened and I would like to know legally whether it could happen.

I do an evening delivery shift in which is basically bringing in and preparing stock to be put out on the sales floor, usually a 4 hour shift starting at 6 finishing at 10, since I can remember we have stayed behind 5 or 10 minutes which I understand and don't mind doing but recently it has become 30-45 minutes unpaid.

I usually am not the type to complain but a couple of times now the delivery has arrived late, today for example 2 hours late, which meant that the delivery is not completable in the given time period, it came to time to finish and we as a team decided to leave (6.15) our manager confronted us at the door and shouted at us that we were not aloud to leave as the delivery was not done and it was our fault it was late.

Also she had let every other worker out that was due to finish at 6 but not the delivery team, so I would have thought that if she wanted it finished she would have kept us all in the store.

One of my colleagues had to see her priest and was told that she could not leave, but she had booked the holiday in advance but not been allowed it.

It then came my turn and I said to my manager that she cannot hold us against our will's she then said that if we left then she would be giving us our one week notice of leaving employment.

I then promptly, and slightly foolishly, walked out of the door and drove off.

Can she actually fire me for this?
Any other legal guidance?

Cheers,

Jack Thumbs Up
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Clanger
Stirrer



Joined: 27 May 2004
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PostPosted: 19:30 - 02 Aug 2009    Post subject: Reply with quote

Have you got a written contract? One which both you and the employer signed...? If yes, then technically it shouldn't be a sackable offence. But I am no expert on the law, and would seek CAB help in the interim.
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 22:17 - 02 Aug 2009    Post subject: Re: Employment/legal advice please Reply with quote

I'd get better advice than mine, but...
I'd start by writing a letter to people higher up in the company.
Explain that you've been working unpaid in the past, but you considered it unreasonable to work late then for whatever reason.

Really you want to have complained before, and have a diary of the times this happened etc.

Getting any contract you do have and giving it a good read through would be the first thing I'd do.
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Phoenix
Twisted Firestarter



Joined: 01 Aug 2002
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PostPosted: 01:43 - 03 Aug 2009    Post subject: Reply with quote

Can't remember exactly but if you've been employed for over 6months without a contract you have basic employment rights so you can be unfairly dismissed, before that they can just get rid of you with lame excuses.
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