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Author Topic: KNOW ANY EMPLOYMENT LAW ?  (Read 1370 times)

DickyD

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KNOW ANY EMPLOYMENT LAW ?
« on: August 07, 2009, 04:15:13 PM »

My son who drives for UPS was off work last week with swine flue and this week his wife miscarried and he followed this up by dislocating his shoulder in an accident at home.
He has been told he cannot lift heavy weights for possibly 7 weeks and he will also have to have physiotherapy.
He has offered to go into work and drive his van as long as his company will send someone with him to deliver the goods.
He does 100 to 120 drops a day so knowing where you are going is a real advantage.
His bosses wont do this and are now threatening to sack him if he has long off.
My question is are they legally allowed to do this ?
When he is off sick he only gets statutory sick pay.
Only serious answers please.
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Seaspray

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Re: KNOW ANY EMPLOYMENT LAW ?
« Reply #1 on: August 07, 2009, 04:34:23 PM »

Hi Richard
I think if your an employee and after one years service you are protected from this type of " lets get rid of em attitude." look in to this.
If your agency your maybe not so well protected.

One for the Citizen rights or unions or you could possibly get the correct info from Works n Pensions.

Martin 
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gondolier88

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Re: KNOW ANY EMPLOYMENT LAW ?
« Reply #2 on: August 07, 2009, 04:38:29 PM »

He really needs to check his contract and see what it says about his sick pay conditions as regards periods of payed, half-payed and unpaid sick leave.

However they would NOT be allowed to sack him as he hasn't behaved with misconduct, threatened the company or endangered anyone- as he has also offered to work light duties he has put the ball in their court- put his offer in writing and sign it- get this witnessed by his manager and get his manager to sign it as a witness- stressing that this won't mean his manager necessarily agrees- just that he has witnessed his offer of terms of light duty work.

I am not a lawyer but have taken exams in basic employment law as part of my qualificatiions and work for a large organisation where staff issues are a regularity.

Also if he is a member of a union tell him to notify them regarding whats happening.

Greg
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cos918

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Re: KNOW ANY EMPLOYMENT LAW ?
« Reply #3 on: August 07, 2009, 05:56:28 PM »

The main one is has he been there a year or less and is he employed by an agency who have a ups contract. If so Its bye bye time. If not he has good grounds. Word of caution once you open the gate and let the bull out there is no going back. Ie seak legal advice but if you put a solicitor letter on his bosses desk there no going back .Ups will go by the book and make life hell its what big company do.

John
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boatmadman

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Re: KNOW ANY EMPLOYMENT LAW ?
« Reply #4 on: August 07, 2009, 06:11:38 PM »

Go to the citizens advice bureua (cant spell that), they will put you right. And when you go back to his employers, tell them that you have taken legal advice and where from.

It sounds to me as though your son should have the law on his side as long as he is on a proper contract of employment and not a contractor.

Keep us informed as to how it goes.

Ian
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Deep Diver

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Re: KNOW ANY EMPLOYMENT LAW ?
« Reply #5 on: August 07, 2009, 07:51:47 PM »

We have UPS come to my works every day >>:-(, now the drive has broken his left leg, so they have given him a driver to drive the rout and all he has to do it tell him were to-go as he sits in the cab of the van.
Hope that this helps.
P.S My works is in Brooklands Ind Est Surrey.
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polaris

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Re: KNOW ANY EMPLOYMENT LAW ?
« Reply #6 on: August 08, 2009, 07:05:54 PM »


Dear Dicky,

I don't believe they can, but much depends on if he has worked more than twelve months for them. As has been said, it is important to see what the COE states.

As had been suggested CAB is a good route, but there is also ACAS who are excellent and would advise definitively - you will find both numbers in the 'phone book (or from Websites).

Hope everybody get's better soon.

Regards, Bernard
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DickyD

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Re: KNOW ANY EMPLOYMENT LAW ?
« Reply #7 on: August 08, 2009, 07:23:28 PM »

Thanks chaps.

Not a good week,had to have the wifes 20 year old cat put down this morning.

Thank god for boat building.
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andygh

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Re: KNOW ANY EMPLOYMENT LAW ?
« Reply #8 on: August 08, 2009, 08:50:50 PM »

I'm sure we all have dreadful weeks like this now and again, I know I do. Hope things sort themselves out for you soon
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DickyD

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Re: KNOW ANY EMPLOYMENT LAW ?
« Reply #9 on: August 08, 2009, 08:51:31 PM »

Cheers Andy
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