Dad wants to walk out cause of work issues!

[sar2004]

Hi All

 

Hope you can help.

Bit of background

Dad is 64 now. Doesnt want to retire just yet for financial reasons.

He worked for them for 4 years and was really happy.

He was based on one site (university) and did that site full time.

He could keep his own hours as long as the job was done done

He started really early for 7am, worked through lunch but finished at 1430 and everyone was happy.

 

Contract at this site goes up for renewal.

They loose contract. Cant afford to keep my dad on.

New company takes him on

 

Issues

Dad has asked them for flexible working in terms of he will do the hours required just start/end times different to the 9 to 5 they suggest.

They said no to this even though no business reason. they say its just their policy

Dad said ok then can I work through lunch to finish bit sooner

They said no you have to take an hour

Dad said can I just have half an hour I will be bored witless with an hour for lunch really nothing to do for an hour

They said no

They fit a tracker to van which he has no issue with.

he is called into office and they say he is putting start time of 9 on his time sheet but tracker shows van only onsite at 915

This is nonsense. He states that he has a witness from the site (customer in fact) that saw him there jusy before 9.

This happens a few times and he genuinly says there must be some technology issue as I am being honest about my time. Please speak to customer.

They say they wont speak to the customer and he must be lying the technologuy used is fine.

They call him into office and then send him a letter about this and tell him as he isnt meeting the required company standards in 3 areas then they have to extend his probation period by 3 months.

The 3 areas are:

 

1. his crb check hasnt been completed yet (how is that HIS fault)

2. The GP hasnt completed the medical report yet (how is that HIS fault)

3. the time sheet issue.

 

So my dad is 64. he has worked hard all his life and just wants to do a good job quietly. He feels bullied and upset.

 

Is there anything here that they are doing wrong or is there nothing we can do!?

 

Help please you wonderful people x

[Bigredbus]

Hi,

 

Several issues here...

 

On the issue of the tracking device... your dad should require a copy of their policies in force related to monitoring staff and vehicles in the fleet. Nevertheless, the ICO states, in a document entitled 'The Employment Practices Code' that monitoring of employees must relate to behaviour, not contract performance; it is carried out to investigate a suspected criminal activity or malpractice...

 

Where did the probation period stem from?

Anything in his contract/statement of employment particulars?

 

CRB checks and medical reports are well beyond one's control... all the employer can do is patiently wait...

 

The employer is behaving very unreasonably...

 

When is your father reaching retirement age? - If he intends to work pass retirement age, he will have to let them know at least 6 months before retirement...

 

You could raise a grievance stating the points in your initial post...

[sar2004]

Hi Bigredbus

 

First thanks for your quick reply

 

I shall tell my dad to get hold of the policy but one hasnt been made available to him so far.

Usually when you start with a new firm they give you the policies when you start.

They say the tracking is there for insurance purposes and as the vans contain equipment.

That I can understand but they seem to be using the tracker for a different purpose.

Dad has no issue with it as he feels he has nothing to hide.

The initial contract period was 3 months.

He was almost at the end of that 3 months when he was called in regarding flexible working request/tracker issue.

This was 2 weeks ago so now he is prob say a week into his second 3 month probation period.

 

He is 65 next February. he was originally intending to work as long as health allows but I just dont think he will cope at this firm the way things are. He has NEVER been sacked or warned in all his years of working and he is worried that he will be sacked somehow.

What a way to end your life of exemplary employment eh?

 

Is there any point raising a grievance given he is on probation..not sure what his rights are really.

 

x

[Bigredbus]

- For insurance purposes, not to monitor contract performance...

 

- Request that they send your father a copy of their policies... Handbook of employment...

 

- Ask your dad to note down anything they may tell him that he feels relevant in his case... especially the time he arrives on site...

 

Before you raise a grievance, see what they are coming up with... wait and see if they raise another meeting regarding your dad's lateness on site... how many instances are already recorded and how many will be...

[scousegeezer]

Sar204,

The Working Time Directive does NOT allow people to work through their break in order to finish early. If your father works 6hrs or more - he MUST have a break of at least 30 mins. That break has to be taken during the middle hours of his working time. I am not aware that they can insist that he takes an hour break, but then that will depend on what his contract/terms of reference state.

 

Cheers - Scousegeezer.

[sar2004]

Cheers scousegeezer I had a feeling that there was something like that.

Thats fair enough and he can live with that.

I also know that an employee can hear a request for flexible working but doesnot have to agree to it - again he can live with that.

 

The biggies here are tracker and general treatment.

 

As I have just found out they need to give him 6 months notice for working beyond retirement...hmmm what a coincidence that his second formal interview for ending probation period coinsides with that time.

I bet he attends that and they say thanks mate but we dont need you beyond 65 so on your way

 

Nothing he can do then is there x

[Bigredbus]

Unfortunately not... at or beyond retirement age, they can dismiss for that sole reason...

[mariefab]

Contract at this site goes up for renewal.

They loose contract. Cant afford to keep my dad on.

New company takes him on

 

Was your Dad made redundant (and paid redundancy pay) by the former contract holder?

Did he then have to apply/interview etc. with the new Company and start the job on a new contract?

Did he, while the above was taking place, receive any paperwork from either Company that mentioned TUPE, Transfer of Undertakings (Protection of Employment)?

Edited April 28, 2010 by mariefab
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