Advice and Info please, Is this legal?

Feelgood

Hey folks,

Im looking for some employment info and advice for a friend. The story is basically like this. The company he is working for seem to be taking the mick at the moment, in the last 3 weeks they have:

a) Sacked an employee on the spot for not putting their mobile phone into a box at the start of a shift (Unwritten company rule as they are in retail)

b) Sacked an employee on the spot because he wouldn't travel to another branch of the company to work 1-2 days a week. He was sacked for not being flexible even though such a requirement wasn't in his contract. The commute to the 2nd branch was approximately 3 hours and they were giving an expense allowance of €20.

c) Told employees that a pay cut was required last Monday, but they got their monthly wage today and the pay cut was started from the beginning of the month before it was agreed. There was no written document informing them and they didn't sign anything.

Now it seems that they are required to sign a new company rule book from tomorrow and the 'rule' book isn't allowed to leave the company!. The 1st rule is that if you sick for longer than a week, the company have the right to send out their own doctor to diagnose you, the second rule is that if you wish to talk to a manager about your work situation your only allowed bring a relative or friend, no solicitors or union reps. Along with a lot of other mental stuff in there.

Firstly, might I add that this is a well established company and a name that a lot of people would recognise.

Is any of this even legal?. Could anyone give me any info on who my friend should get in contact about all this or someone that could give him detailed info on employment rights.

Note he is there longer than 6 months though has never been given a contract to sign!.

Many thanks guys...:)

wmpdd3

NERA and the Citizens Information.

I guess by the points you raised you know what your talking about.

But what can you do about it?

If the 1st 2 guys that were fired were there less than a year their case is a bit weak.

Basically in my experience, if this is a small business and a complaint is made they will just get 'support in implementing employment laws' as apposed to a ruling.

If there is a union get them in ASAP.

Obviously don't sign the rule book without a job description or a contract.

sim2

If there is a shop steward, request them to ask for a copy of the proposed 'rule book' to have a look at it before it is handed out to staff!
i wonder if this rule book also applies to management???

The two firings you mentioned seem a bit severe!!!

If your friend is not the member of a union, get them to join up as soon as they can!

Sleipnir

Certainly the pay cut being made before the staff were told is not right. Any change to an employee's terms a conditions requires that they accept it. This is why companies must ask the employee to take a pay cut.
Same applies to a new "rule book".
The emloyment terms and conditions should state that the rule book is part of the terms and conditions also.

wmpdd3 - Just because they are there less than a year doesn't mean they have no rights. Someone in probation wouldn't have much comeback but other than that, all employees are protected under legislation.

The people who were sacked should contact NERA. http://www.employmentrights.ie/en/

InReality

Not much of that sounds legal to me.

I honestly don't know how some companies decide to do this stuff.

They must get some sort of legal advice - i.e they want you to sign the "rule book" so I'd guess that must be vetted by someone , but a very basic point in law is that everyone should have an contract.

If they don't do that they are open to legal claims against them.

Shelflife

ALDI or LIDL ??? sounds more like lidl.

wmpdd3

Sleipnir- I agree but even if wrongful dismissal is proven, awards are so low you'd be better off getting a new job and move on. But i agree with your point.

"ALDI or LIDL ??? sounds more like lidl."

Really. How could a company employ so many people in the country and get away with things like that.

When I read the OP I thought it was a small owner/manager chain with no HR.

If it is one of those stores, they are some of the worst stories I have heard of in ages.

Heineken Helen

I don't know about the legalities but I have certainly heard of companies sacking people for as little as possible in the past year or so to avoid paying redundancies. Underhanded yep... but usually it will be for something like breaking the internet rules (something simple that pretty much everyone does) but it saves the company money... so everyone will have to be very very careful if their company starts to do this.

Also, the new one now is about embellishing your cv/application. If you lie, your contract can be null and void :eek:


very very strange times:(

InReality

Yeah its all about getting rid of people these days

Lying on CV's is so common , that will be a great one to use.
Remember reading years that veronica guerin had a load of lies of her CV and I was very surprised.
I hadn't started working then though

leeroybrown

Heineken Helen wrote: »

I don't know about the legalities but I have certainly heard of companies sacking people for as little as possible in the past year or so to avoid paying redundancies.

It's noting new, it's just become a lot more widespread now. Even before the economic nosedive there were plenty of companies that will have been reminding managers to issue warnings whenever suitable opportunities arise so that they can "legally" move on staff whenever the want to.

Another issue we're likely to be seeing a lot more of in larger companies is 'managing out' unwanted employees. People will find themselves with unrealistic targets that target their specific area of work, performance improvement warnings, increased overtime, awkward hours, etc. All to make it easier to run up the required warnings over a period of time.