Work related advice needed please

[Blaby blue blood]

Looking for a helping hand here guys.

My girlfriend works for a well know cosmetics company and has to work shifts. One of the girls she is working with is having problems at home, ex fella stealing their kids birthday money and turning round saying he doesn't want anything to do with the the kids and wont help out with picking them up from school, basically being an arse. So she went to her boss (who is a real BITCH!), explained everything and asked if, instead of working the shifts, she could work set hours, she asked for the Sundays and the crappy times of day that no-one wants to do, so in no way is she benefiting from doing this, in fact she will lose out on commission just so she can look after her kids etc. All the girls on the counter agreed, they even worked out how it would all work so they could present it to their boss, however she turned round an flatly refused and has basically said that she has to look elsewhere for work as she isn't willing to let her do what shes asked for. Needless to say, she is very upset and is writing her resignation.

What steps can she take for fight for her job? The HR department don't want to know, and are pretty shit to be fair. Plus she is about 2 weeks away from her probationary finishing, so what rights does she have.

Any help is most appreciated.

Thanks for your time

 

[RHYDAL]

Blah....Plus she is about 2 weeks away from her probationary finishing, so what rights does she have.

None. Apologies if this sounds heartless.

 

[FryattFox]

Other than compassion, I don't believe that there is any legal reason for the employer to amend her contract accordingly. Unfortunately it sounds as if she should look elsewhere, especially if the manager and HR team are that bad.

 

[SJN-Fox]

Firstly, tell her to make sure she works through her probationary period. Meanwhile, get her to have a look here ...

http://www.flexibility.co.uk/flexwork/general/aprilchanges.htm

and here ...

http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10029491

Whilst employers don't HAVE to agree to flexible working, my understanding is that they will need to have some good grounds for refusal. Also, tell her to join/contact a union, they will be able to give the relevant advice and may be able to help fight her corner.

It might even be worth writing to her boss saying how disappointed she is at the decision and sending a copy to her boss's line manager.

 

[Blaby blue blood]

None. Apologies if this sounds heartless.

No need to apologize, I hardly know the girl, I would however smash her back doors in :icon_bigg

Firstly, tell her to make sure she works through her probationary period. Meanwhile, get her to have a look here ...

http://www.flexibility.co.uk/flexwork/general/aprilchanges.htm

and here ...

http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10029491

Whilst employers don't HAVE to agree to flexible working, my understanding is that they will need to have some good grounds for refusal. Also, tell her to join/contact a union, they will be able to give the relevant advice and may be able to help fight her corner.

Thanks, I will pass this on

It might even be worth writing to her boss saying how disappointed she is at the decision and sending a copy to her boss's line manager.

I doubt that will help, the boss in question told one member of staff off for being off sick with breast cancer, said she should view her job as more important than her health and she has had a go at my girlfriend for what she described as 'A dodgy pregnancy' just because we have had complications, I am glad I have never met this woman as she would be headless for this comment alone! You would have thought that someone who very nearly lost her only child would have a bit more compassion, but no, she even makes her little girl live with her Grandparents throughout the week and only sees her at the weekends. I very heartless and nasty human being!!!

 

[Nottingham Fox]

Going along what SJN has posted, it is my understanding that she is to write in with her proposal and reasons, and although her work place do not have to agree to it they have can't just simply write back and say 'No', they have explain their reasoning behind it.

 

[Cate Fox]

You dont really have a lot of employment rights until you have worked somewhere for a year.

 

[NW_Fox]

HR departments are generally in place to protect the employers rather employees hence a lot of the big firms employing lawyers within the HR dept

 

[From Gradel to Grave]

I'm not an expert. I think, though, if the probationary period is the one year service Cate mentions because if it is then the fact she is near the end of the year may mean she could take it further. I believe that the notice period is included.

Less than a year they don't have to say the reason for dismissal.

 

[Cate Fox]

I'm not an expert. I think, though, if the probationary period is the one year service Cate mentions because if it is then the fact she is near the end of the year may mean she could take it further. I believe that the notice period is included.

Less than a year they don't have to say the reason for dismissal.

I was near to the end of a years service and told I was losing my job - you have bugger all rights and I checked this with ACAS. Some companies are badly managed and treat staff like shite.

 

[SJN-Fox]

I was near to the end of a years service and told I was losing my job - you have bugger all rights and I checked this with ACAS. Some companies are badly managed and treat staff like shite.

I understand that the government wants to extend this to 2 years!

 

[bocadillo]

If you have been employed by an employer for 26 weeks, you can ask you employer to consider 'flexible working' to facilitate the care of a child (under 16) of which you are the parent. The law requires your employer to consider seriously your application and follow certain procedures (eg invite you to a meeting to discuss your application, give you written reasons if it's refused and allow you to appeal that decision). Your employer can refuse your request or offer an alternative working pattern only if there are good business reasons for doing so.

see: http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10029491

It sounds to me as if she should apply. But on the other hand, it makes me wonder why she should want to work for such an employer.

 

[SJN-Fox]

Scoooooop

 

[Siouxsie]

Having recently been through 2 requests but from the employer's view point I know that there is a set list of business reasons where you can reject the application (we didn't), you can't just say "no" or make up a reason. Business link is another good website for information. I seem to remember one employee found a form to fill in online which guided her through the process whereas the other just wrote a letter.

 

[DesertFox]

My advise on all work-related matters is to spend the next couple of decades making up your own bullshit work-from-home jobs like I have. It makes you comfortably unemployable, if somewhat skint.

 

[lazzer]

Regardless of how long she has worked there the Employer can say no. They will state that the hours "do not suit the needs of the business" . This is reason enough. If others decided they wanted flexi as well it would cause problems. I have had this scenario occur within my department and I let the person work flexi with the proviso that as soon as some ****er moaned that would be the end of it.

 

[bocadillo]

Regardless of how long she has worked there the Employer can say no. They will state that the hours "do not suit the needs of the business" . This is reason enough. If others decided they wanted flexi as well it would cause problems. I have had this scenario occur within my department and I let the person work flexi with the proviso that as soon as some ****er moaned that would be the end of it.

It would be interesting to see how that would stand up in a tribunal.

 

[Darth Vodka]

my advice would have been "don't complain about your working hours before your probationary period is done"

I wouldn't offer her a job, she'll only be mucking the shifts about and picking the kids up all the time

 

[Darth Vodka]

It would be interesting to see how that would stand up in a tribunal.

it won't go to tribunal, she hasn't worked long enough

and employees aren't entitled to work flexibly...they have the right to ask and then HR write you a very polite formal "**** off"

you need to have worked for 26 weeks before you are allowed to ask too

http://www.lawsociety.org.uk/productsandservices/practicenotes/flexibleworking/4186.article

she hasn't got a leg to stand on, the company doesn't owe her a job

 

[Blaby blue blood]

Thanks for all the advice chaps I've passed on all the info, have told her it may not do any good but at least she will have explored all the avenues available.