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Jansy

Son sent home without pay

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Hi

Hope you can help.My son has been in his job for 8 yrs now.3yrs ago he was made up to team leader at the age of 21.He works shifts of 12 hrs

Lately he has had problems with his boss ie lack of support when dealing with problems on his shift.For over 2 yrs he has been working short staffed

For the past month or so he has become very stressed and has at times been very depressed and unwell - a new baby hasn't helped but he has not lost time off work.Last week however he had a machine operator put on his shift from another shift.My son said that he did not want this person on his shift as he was a trouble maker and my son would rather work short staffed.The boss ignored this and went ahead anyway.LastMonday the "new" worker started and was immediately in my sons face demanding to see my sons job description and then proceeded to get the other workers on the shift involved in childish behaviour and blanking my son out.My son is very non-confrontational but had a word with his boss in the morning who basically said If you don't like it there's the door - I forgot to mention that the other shift had been trying to get rid of the other chap for ages

The next night my son clocked out after telling his shift he was feeling unwell and went home.He phoned in sick the next day.

He has gone in for his shift tonight and has been told that his boss has left a message saying that if he goes into work he is to be sent home and is to see his boss Monday morning.This means he will lose a whole weeks money .Can his boss leave a message like this with a third party and can they send him home without pay.He has stayed there tonight as I have told him not to clock out - they will have to pay him if he works.Is this correct?

Jansy

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He needs to get as much evidence down in writing. See the people from the other shift and get their contact details for help later on.

Make notes of the short staffing and generally write a full account of everything which has happened over the last few years. he needs to do this and get it filed away - not at work - while the matters are fresh in his mind.

No, I don't think that messages can be left in the way you describe unless it is with a person in a managerial position. It is also very serious to send someone home - especially when it is done like this.

Get everything down on paper.

 

I'm afraid that it sounds very much like the end of the road for this job and what he has expereinced so far sounds to me like a very good basis for constructive dismissal.

 

He should see his boss and try to go through the whole story with him and see whether they can't build a bridge.

However, your son will have to decide if he wants to go on with the job in these circusmatnces.

If he doesn't then he shold resign and make it clear that he considers that he is being forced out. He shold begin an complaint to the Industrial Tribunal immediately.

 

Is the boss in question the top boss ar is there someone more senior?

 

He should start up a proper grievance procedure immediately but if he finds


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Thanks for reply - I can't see the end of it though do I need to scroll down the page somehow? The boss that has left the message is the top line leader for the department so what he says is pretty well it the way they work there - however as far as I am aware the person that is supposed to be sending my son home has same job title but hasn't worked at the firm for as long so I don't know if that decides seniority or not.Also after 8.15pm my son & his shift are the only people on the premises as the day shift has left by then so anything that happens after then is only witnessed by his shift and they have aggravated the problem anyway so don't expect any support there. Can he insists he stays at work as the message has been passed on by a third party (could be malicious) and if he doesn't clock out or leave the premises will they have to pay him.He has a baby and a partner to support and a flat and all other outgoings to pay

Jansy

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That would stand in his favour should it go to court - third party messages are not supposed to be sent out at any time for employment issues, they should either come from the manager, or the managers manager or the HR department - any message outside those people should be treated with a pinch of salt.

 

Due to the length of time your son has been in his job it seems as if he would have a good case for constructive dismissal if they came to the wire on this.

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