Paying an employer to leave

[Hugh Jeffort]

Hi All,

 

Not really sure if this is something people on here could help with but I figured it would be a good start.

My wife started work for a company back in March. When she accepted the job it was for a 4 on 4 off shift pattern with part time hours with a contract duration till Oct 2012.

She had to complete 2 weeks training and received a uniform.

She was also made to sign a contract at the begining of the course which stated that if she left before the end of the contact she would have to pay them £200 towards training and uniform.

At the end of the course she was given a 6 on 3 off shift pattern with 4+ hours a day consisting of 3 early shifts (0330-0745) then 3 lates (1400-1815).

This shift was nothing like what she was told in the begining and she has tried over the last 3 months to make it work with my night shifts and our 4 year old but its proving far too difficult especially now she is pregnant again.

My question is are they entiltiled to take the money from her minimum wage pay despite the fact they didnt give her an information on her work pattern prior to her signing the contract?

Also as she is paid in arrears and has not earned £200 this month yet, what are the implications of just not turning up anymore?

Thanks for any info you can provide.

[BRIGADIER2JCS]

Basically yes, she has signed the contract and had the training, which

should she wish later to seek employment in the same field would benefit

her and the new employer.

This often happens particularly in the ''care'' industry.

[Gbarbm]

Just a thought; would the employer not be in breach of the contract if the stipulated hours bore no relation to the shifts the employee actually did?

Does it say anything in the contract/personnel manual/ staff handbook about changes to the shift pattern?

[BRIGADIER2JCS]

I thought along those lines too and checked with my daughter (care home manager)

and ''most'' of these contracts state ''hours to suit'' as required to carry out the employees

duties.

[Gbarbm]

Take your point Brig; just seems a bit unfair though doesn't it particularly as the employee was led to believe that certain shift patterns would apply.

Seems as if employers are using these austere times to do what they like!

[BRIGADIER2JCS]

If this is the care industry it has been biased towards the employers for

years such terms and conditions are ingrained as custom and practice,

when my daughter started to climb the ladder in this field towards management

the ''training'' debt some years ago was £1200/£1500.

[honeybee13]

Hello Hugh Jeffort.

 

Does your wife have anything in writing about the hours they were offering her originally please?

 

My best, HB

[Hugh Jeffort]

Hi guys thanks for the replies.

The contract states that the work roster would be published with 14 days notice and is subject to change within 72 hours so I guess thats my question answered!

They got her to sign the contract at the begining of her training which was 14 days, then at the end they changed the shift pattern to 6 on 3 off. Really they have tricked all the part time staff into signing a 4 on 4 off contract which allows them to change the pattern by the time they actually start work.

Guess we will have to bite the bullet on this one, just a shame that now days employers can get away with misleading potential employees who, like my wife, are desperate for employment!

Thanks for the help

[honeybee13]

Hello again.

 

If this affects a few staff, it might be worth speaking to ACAS and also thinking about filing a joint grievance. I would be interested to know what the guys here think about that idea.

 

HB

[BRIGADIER2JCS]

From the info my daughter has given me this is industry standard.

[Gbarbm]

Might be worth having a word with the union rep if there are a few people affected by this and get their take on it.

I completely accept what Brig has said about this sort of thing being industry standard but you know what, I sometimes think that employers hoist the flag up the flagpole and see who salutes, meaning they try these things and if no one puts up a fight then that means the practice is accepted.

[Hugh Jeffort]

HB, I called ACAS information line and spoke to someone about it. She confirmed that this is quite normal and there is very little an employee can do about it.

Gbarbm, this particular company does not recognise a union and none of the staff are members. The airline industry has taken a massive beating over the last 10 years and the ones suffering are the employees.

I suppose you cant expect anything else when your cab fare to the airport costs £20 and your flight to Spain is £4.50. The bubble will have to burst eventually...............