Comments by James Fairchild

James Fairchild
Member - 171 posts

Well the person has only been there a couple of months, so technically you could dismiss.

However, as they have not done anything wrong, I do think that you need to be fair to them, and in your explanations you should use the word redundancy, calmly explaining to her that she doesn't have entitlement to redundancy pay, but that as a goodwill gesture you'll pay her one months' notice (or whatever) and allow her time off for interviews. Obviously you should agree a fair reference with her.

By the sounds of it, your marketing manager specced the person wrongly.

James Fairchild
Member - 171 posts

Tony,

On the basis of what you have said, I would be inclined to agree with you. As you say, Mutuality is crucial.

Two links for you: http://www.taxationweb.co.uk/forum post a question there, those folks will give you advice from a tax perspective

http://www.cpdwebinars.com/details.php?id=25 - there is an online training seminar this coming Monday focussing on Employment Status. Whilst it does cost, this could well be money well spent for yourself.

What I will add is that employment status on its own is not necessarily conclusive for tax status, however as far as I know IR35 isn't relevant to door staff.

Obviously you'll need clear documentation, i.e. invoices etc, copies of cheque stubs if necessary, but I think you should be able to tell HMRC to be quiet.

James Fairchild
Member - 171 posts

David, what a good last sentance above!! Any business etc between friends or family is fine until something goes wrong.

If this was my mother in law, I would definitely tell her to get the bus. If she didn't come in for this week, I would suggest that would be gross misconduct.

What you (Lesley) need to emphasise is that you are providing this lift in your capacity as co-worker and friend, NOT as some kind of contractual obligation.

I suppose if you really want to let this woman walk all over you you could pay for her a taxi, but there is nothing at all wrong with catching a bus, I certainly do it and I'm sure others on here do too.

As you haven't seen her since, do you have a clause in your contract stating that if there is no contact for X days you will assume resignation?

If not, I would suggest waiting a week then sending a letter saying that "the company accepts your resignation by conduct, please return all company property and we wll send your P45 by return" or similar.

Can you get another manager (or a secretary, any other person) to be in charge of correspondence with the mother in law?

Does your husband have an opinion over this?

As an aside, for any firms who have car-sharing (or where you know that staff give each other lifts) it is probably worth a clause in a contract stating that this is a private arrangement and has nothing whatsoever to do with the company (even if a manager is involved). The last thing we want is an employee being driven in a car-sharing mode to be involved in an accident and then trying to bring the company into that with duty of care etc.

James Fairchild
Member - 171 posts

Probably not... but the full facts may be relevant.

For example, if this was the IT that was outsourced, and the workers still work in the same building alongside colleagues that work for the Authority, then that could be a different matter.

What local government organisation gives "substantial uplifts" though!

James Fairchild
Member - 171 posts

Just a thought, but many smaller companies outsource HR provision.

Perhaps it would work for you to do some kind of arrangement where your workers have a name/number for the UK HR Manager, and that person can deal with queries from employees, as well as advising the company over UK compliance etc.

James Fairchild
Member - 171 posts

But surely "fatness" exists in both men and women in equal proportions? Looking around on my train this morning, I would say it does.

James Fairchild
Member - 171 posts

Nlgel, I also disagree. I think you're getting confused between Inequitable treatment, and discrimination.

As far as I know, discrimination must be on one or more of the specific grounds.

We had another thread recently, where I brought up the example of Abercrombie & Fitch, who have a policy of only employing attractive young people.

James Fairchild
Member - 171 posts

Adam,

First of all, you're posting on the wrong forum. This website is for Managers and HR people to discuss issues. A popular site for employee advice is http://www.armchairadvice.co.uk/forum

However, I'm in a good mood.... so if the moderators will permit me, here goes:

No I don't believe it is your fault. Whilst the traditional banks have always had a sort code and eight digit account number, the smaller banks (example Nationwide, Woolwich, etc) often do not use sortcodes, and give a customer a long account number (sometimes, the first two digits of which are a branch identifier, or account type identifier).

Bank account and Credit card numbers are often subject to an algorithm (if you're bored, look up Luhn Check Digit online) and I would be surprised if the "made up" account number has actually gone into a genuine account.

From your point of view, you could sue for non-payment of wages. From their point of view, you have given a ten digit account number upon which they made an incorrect assumption.

On a practical level, do give them time to sort this out. You could perhaps call in to your bank and explain what has happened. It may be that they can see that the money is sitting in a black hole, and can assist you at their end.

James Fairchild
Member - 171 posts

Surely the answer to both of these questions has to be "yes".

Re question 1 - depending how sophisticated your server is, it should be possible for your IT people to add an "out of office" message to this account without being logged into it.

Question 2 - why don't you incorporate a "catch all" data protection type clause into your employment contracts (reissue for existing employees). I'm no solicitor, but something like:

"the employee consents to the company or its agents holding data about the employee and/or the employment relationship on its systems. Company communication systems are for business use only, however the company may, as a discretionary benefit only, permit occasional incedental personal use of these, as long as business needs are not compromised in any way. All inbound and outbound telephone calls are recorded, and this recording together with all other computer data (including sent and received emails and voicemails) remain the proprietary property of the company. Misuse of company compensation systems is an issue covered by the Company disciplinary policy and is termed gross misconduct. In addition to possible dismissal, transgressors are liable to reimburse the company for lost productive time (including inbound telephone calls) and for the cost or deemed cost of other communication services. The company reserves the right to recover such costs from the County Court if necessary"

I'm sure someone can suggest a better (briefer?) wording, or maybe an alternative tact.

James Fairchild
Member - 171 posts

Although it is daunting, you can go to tribunal on your own. The chairman/wing members are often especially helpful to a person appearing unrepresented.

James Fairchild
Member - 171 posts

Good question.... at the present time I believe the answer in "no" but there was something in the press to change this.

http://www.timesonline.co.uk/tol/news/uk/article3716359.ece

that link doesn't appear to give a commencement date.

I really hope that this legislation won't put businesses off offering work experience placements to 14/15 year olds.

James Fairchild
Member - 171 posts

I really think you should go to a website dedicated to helping employees - http://www.armchairadvice.co.uk/forum seems a popular one.

However.... I would say that when you break it down, you have the TUPE transfer, and _then_ a request from your employer to work at a different location.

This would be dealt with in exactly the same way as a request for you to go to a different location under your old contract.

James Fairchild
Member - 171 posts

Tony,

I found your post very useful and interesting. Your advice is, potentially, something very useful to a line manager or HR trying to manage an issue.

James Fairchild
Member - 171 posts

Richard,

Always bear in mind that when you write to a GP (even if you offer to settle their invoice) you will receive one-sided advice, advice from a general practitioner whose priorities are getting his patient back to health, and respecting his duty of care towards that patient.

An occupational health advisor works for you, and gives you an answer (which if necessary ignores the patient's own thoughts) of how this conditon/illness/disability can best be managed from YOUR BUSINESS PERSPECTIVE.

You'll find that the OHA will often say that the person is fit to come back to work, when the GP has said they need another 6 months off.

James Fairchild
Member - 171 posts

Yes that is right, and _if_ the dealership subsequently dismiss you, you would be entitled to claim redundancy or unfair dismissal as appropriate (as though the transfer never happened).

Comment about cleaning, I spoke with a friend who is a teacher, and he told of all sorts of problems with their contract cleaners, most serious of all being that when any ad hoc cleaning is needed, the school staff need to call the cleaning company's office, rather than speaking direct to the cleaners!

James Fairchild
Member - 171 posts

Good move David. I'm not sure how explicit you need to make it... however these people are presumably typing something into Google to reach this site.

James Fairchild
Member - 171 posts

What is the question? It is blank..... unless my computer is going funny.

James Fairchild
Member - 171 posts

Colin,

I am minded to give them the benefit of the doubt, there is an option for "prefer not to say" or similar words. The organisation was Transport for London. Go on their site, look at any of the careers (contract or permanent, senior or lower level) and start the applications process. I simply do not have the time to fill out this heavy form when for other opportunities I can just send my CV.

James Fairchild
Member - 171 posts

Angela,

You may find this site http://www.armchairadvice.co.uk/forum more helpful for employee advice.

_if_ you don't get the existing job offered to you, then I would say that you have a tribunal claim against both the cleaning company and the dealership.