Would you say that this was an attempt at constructive dismissal??
December 1, 2010 1:52am CST
Some of you may remember me discussing my son in laws employment several weeks ago. It was actually three weeks ago and my son in law (who works as a security guard)with a new baby in the house was working 70 hours a week (for shocking money) which included 4 nights of 15 hours with no breaks. One night he fell asleep for 10 minutes after working 9 hours without a break, he was suspended. It took over a week for his disciplinary hearing, and after about 2 days of him not knowing if he had a job or not, he was told he would keep his job but would be going on the 'floating'list where he covered holidays - sickness etc. Since then he has not had one hours work - he has not had a penny in three weeks, can't get benefits as he's classed as 'in work' and with a 2 month old baby things are VERY hard for them. There were so many factors in his case that had the company sacked him he could have taken them to a tribunal because they were actually breaking all sorts of rules in his employment. I am thinking now that they are hoping to work him out of the job by there current actions - do you think that this could be classed as constructive dismissal?
2 people like this
1 Dec 10
you are in the uk aren't you? i think the company is breaking a whole load of laws, including the no breaks (i am not sure how long you can work without a break, 6 hours maybe, definitely less than 9), this ridiculous non-sacking which prevents him getting benefits and probably a whole load more. tell your son-in-law to get down to citizen's advice asap.
2 Dec 10
In my country, yes it is indeed considered as a constructive dismissal. Your son-in-law should better go to the department of labor, or whatever you call it in your country and complain about this before he's barred by the prescriptive period, if one is provided in your country. I suggest he should complain to the proper tribunal as soon as possible.
• United States
1 Dec 10
They are probably trying to get him to quit most likely without having to pay him unemployment. Because if he quits they don't have to pay him any unemployment even though they pretty much already let him go. They have broken all sorts of laws you have to give someone at very least a 15 minute break after 7 hours of work and a half hour break for over 9 hours. This company was definately breaking the law as far as the breaks go. He could report the company but it won't do much for him. He would have a case to sue, but it costs a lot of money to sue. Lawyers are very expensive. One of my husband's previous employers broke a contract with him. We were sueing, but they wisely kept up correspondence but continualy denied wrong doing, everytime they did this our lawyer would have to send them another letter and after we were about $5000 dollars in and being told by our lawyer going to the next level would cost even more we finally just let it go, it was costing us too much money to deal withit. My advice to him is to just take his newly found free time and find another job and leave that terrible company as soon as possible.
3 Dec 10
I feel that he needs to start looking for another job. Something even part time would be better than working the few hours at this job. I hope it all works out for him and his family. Maybe, he can go to welfare to help him through December while he is looking for another job....or Employment Insurance. Good luck to him.
• United States
1 Dec 10
I worked security once upon a time here in the states on an army base. The security company I worked for got away with minimum wage and no benefits by claiming they were sub-contractors. Basically, the army paid X amount for the company that was manufacturing the munitions, which company paid X amount for the security it hired. So the security company was not working for the army but for the munitions manufacturer. I was assigned graveyard and found that sleeping days was not so easy. I was maybe able to get 4 hours in each day. I also ended up doing a lot of caffeine trying to stay awake at nights which eventually did not work anymore. So I know what kind of h*** security work can be. I lasted there five months before leaving town. My heart goes out to your SIL and his family. I'm not familiar with the UK much but hope he is able to get some satisfaction from this. I will keep your family in my prayers. Hugs!