Various Problems With Employer

[sangie5952]

I wanted to ask for some advice for my husband.

 

My husband works in a factory.

 

The building is massive.

 

As of late his employer has started turning off the heating during cold weather.

 

His boss is saying that the heating will only go on between the hours of 6AM until 9AM.

 

Nobody apart from the supervisors are allowed to touch the heating without his permission.

 

Today, where he is it was 13 degrees.

 

The boss is also saying that if anyone goes off sick for 10 consecutive days, he will refuse to pay for bank holidays.

 

Is this also legal!?

 

There is also talk of the employer putting up cameras on the shop floor to watch staff. Surely that comes under privacy laws!?

 

We are concerned that by turning off the heating in cold weather, this will affect the health of the workers on the shop floor.

 

Also, the boss is not approachable. His attitude is "If you don't like it there's the door".

 

He also won't recognise unions and threatens to sack anyone who joins one.

 

The problem he faces in terms of the temperature is that temperatures are guidance only - as such there is no law that he can quote that will mean the employer has to obey.

 

Cameras - provided there are warning notices and they are not placed in certain areas like toilets or showers, then the employer can do this. There is guidance and some law around it, but again, nothing per se stops them doing this. There's some more information here http://www.icaew.com/en/archive/library/subject-gateways/business-management/smes/small-business-update/2015-01/using-cctv-to-monitor-the-workplace

 

If you can evidence that someone is sacked for joining a union, that is one of the exceptions to the two year rule and is unfair dismissal. Proving it, of course, is the problem.

 

I am afraid that with employers like this there are only two solutions:- the entire workforce calls his bluff, joins a union and they all fight back; or you find another job. Being a lone voice crying in the wilderness about guidances and rules will only result in your being sacked.

[sangie5952]

Thank you for that useful clarification.

 

But what about the fact that the employer has refused to pay bank holiday if a worker goes on sick for 10 consecutive days!?

 

Ah sorry - forgot that one. No, that wouldn't be lawful UNLESS they get more than 28 days statutory leave (which with an employer like this, I doubt). An employer can sanction what they consider excessive sickness, with, for example, no overtime being allowed. And technically, if they have more than 28 days holiday the employer could amend the contract to make the additional days dependant on levels of sick leave (but they would have to amend the contract). But again, if this happened to him - is he going to make a stand, at the risk of his job? He could take legal action after leaving to recover unpaid wages, but doing it whilst still there, or even complaining about it, is the fastest route to the dole queue.

 

I am afraid that the problem with employers like this is that they don't give a **** about the law or about guidance. They maintain the conditions because people are too desperate to hang on to their jobs and too frightened to organise and fight back. And individuals who fight back are picked off one by one. It isn't pleasant hearing, but it's the fact. I wish it wasn't. But wishes don't change that. Sorry.

[sangie5952]

I appreciate that you are trying to help your husband. But if you finally come up with something that is actually unlawful, what do you think happens then? Someone still had to do something about it. There aren't any employment police. You can't expect someone else to do something about it. It still has to be him and his colleagues. Which comes back to join a union or find another job. Personally I'd go with the former, but in the cool light of day, I'd suggest the latter. Not even a union can make an employer like this a good one. I doubt people stay long. I doubt many people have great wages. I doubt many people can claim unfair dismissal. He'll think nothing of sacking the whole lot of them because there is always someone more desperate to step into their shoes. What might be my personal inclination doesn't really doesn't measure up in reality in a situation like this. The employer won't back down to a nice chat. It would be industrial action. Who is going to take that? And do you think they would win?

[sangie5952]

If everyone jined a union en masse the boss would be inable to sack anyone as the rest of the workforce would be gone. No, production, no-one to train the new people who would be expected to toe the line. However that is not a real expectation so these cavemen continue to get away with things

 

I agree entirely. Although employers have been known to sack everyone AND get away with it!