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Anne McAllister
Member - 166 posts
H there,
Kind of depends on how old your son is.
Currently if he is under 18 and you are his main carer you are entitled to apply for parental leave and can take up to 18weeks for ech child.
http://www.gov.im/lib/docs/dti/employmentRights/orders/parentalleaveregsfinal2007.doc
You will also find helpful info here...
http://www.cafamily.org.uk/families/rightsandentitlements/working/rightsinwork.html
http://www.dad.info/work/your-workplace-rights/special-circumstances-adoption-surrogacy-and-disabled-children/
http://www.worksmart.org.uk/rights/i_am_the_parent_of_a_disabled
http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Parentalleaveandflexibleworking/DG_10029416
Hope you find these links helpful,
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Anne McAllister
Member - 166 posts
My understanding is that the Tribunal system is about enforcing the law as it applies to employers not about taking sides.
Employers have the burden of proof because the duties of employers are fairly clear cut.
All employees are vulnerable.
Some more than others.
Employees are also required to provide adequate evidence of mistreatement and a tribunal is never the first avenue a worker will go down.
They have to have exhausted their employers own procedures beforehand.
With regards to non payment of awards I would have thought that the Tribunals decision was binding and further evidence of an employers belief that they are beyond employment legislation.
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Anne McAllister
Member - 166 posts
Sympathise with wendy and the ID bracelet info but surely the bracelet would only be used if the children were lost or had no adult with them?
I dont feel anyone needs a mobile for personal use while at work.
The works phone number should always be given out to childminders ,nurseries,schools etc as a first port of call in any emergency situation and this gives the appropriate manager time and knowledge to arrange cover if necessary.
MObile workers can always be contacted by their line manager should a situatuion arise that they need to deal with personlly.
As for listening to music,texting friends,playing games etc on mobiles .....no way...you are not concentrating on your job and clearly not busy enough if you have time to do this.
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Anne McAllister
Member - 166 posts
Depends what you were doing when captured John LOL
If the compnay policy clearly states no mobiles then no mobiles it should be.
There may be some exeptions so check out that policy carefully.
i.e. health and safety staff recording accidents or possible dangerous situations etc
You could also have been captured "accidently" but if no one is allowed a mobile at work how can this happen?
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Anne McAllister
Member - 166 posts
Thats fine if you have a decent absence policy and dont negatively punish those who have been ill.
Some employers use their polcies as a weapon to constantly batter staff with and many workers are vulnerable in todays climate.
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Anne McAllister
Member - 166 posts
Dont now about the legalities here but I can see why the tennants are not complying.
These mobility aids are massive and would be extremely difficult to fit in an average sized flat.
One wonders at the intelligence of housing mobility impared pople in high rise flats ?
How do they get out of the building in the event of a fire as lifts should not be used?
Presumably they go down in the lift on their scooters in normal circumstances but they would be effectively trapped inside a burning building if they are unable to use stairs to escape.
Perhaps individual risk assessmants need to be carruied out to ascertain who can and cant use the stairs but what would happen if someone cannot......surely this a potentially fatal accident waiting to happen.
The only solution would be to build an external lift shaft but could that be used in the event of a fire?
Allocating a section of the ground floor for parking wouldnt help as there would stil be a blockage hindering those leaving the building.
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Anne McAllister
Member - 166 posts
While I disagree with management checking up on workers using social networking sites this has to be considered downright idiotic on the employees part.
Too many days are lost due to alcohol abuse and general malingering.
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Anne McAllister
Member - 166 posts
Sorry Janet,
I thought the issue was that the company were telling managers that they could not go outside to smoke and that they worked 10hrs without a break ?
I Must have misunderstood.
Does that explain the misplaced enlightenment Kieran? :)
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Anne McAllister
Member - 166 posts
Regarding trains and buses .....I cant remember the last time I got a seat on one of them so heaven knows how a wheelchair user would find the space to travel.
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Anne McAllister
Member - 166 posts
I also lved right next to an airport and can vouch that the noise is incredible but as sheena says the rent was much cheaper than anywhere else.
The most annoying thing was that you would be watching a film and right at the end would be a comment or statement that confirmed the identity of the murderer or an explanation of a particular event and you were guaranteed that something would go overhead at that precise moment.
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Anne McAllister
Member - 166 posts
It should all be clear in your no smoing at work policy and the situation you describe may be dependant on the industry you are in.
For example, there may be a clear risk if a manager is absent even for a short period.
Regrading breaks ....WTD .....
http://www.incomesdata.co.uk/information/worktimedirective.htm
Article 4 - Breaks
Member States shall take the measures necessary to ensure that, where the working day is longer than six hours, every worker is entitled to a rest break, the details of which, including duration and the terms of which it is granted, shall be laid down in collective agreements or agreements between the two sides of industry or, failing that, by national legislation.
http://www.healthcareworkforce.nhs.uk/working_time_directive/calling_time/legal_update.html
Rest Requirements
The rest requirements are enforced through employment tribunals (as are requirements for annual leave, among others). The rest requirements are:
11 hours continuous rest in every 24 hours,
Minimum 20 minute break when working time exceeds six hours
24 hours off in seven days or 48 hours off in 14 days.
(Regulations 10, 11 and 12)
If it is not possible to provide these rest breaks then compensatory rest should be given. Employers must ensure that workers are able to take rest breaks. If a worker finds their employer is unable to grant these rest breaks or compensatory rest they can take their case to an employment tribunal where a declaration and/or a compensation award may be given (Regulation 30).
I hope you find this helpful.
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Anne McAllister
Member - 166 posts
Having suffered the torment of noisy neighbours I know how much proof would be needed to get to this stage.
While it seems mad the tenent must have indeed suffered but Id rahter have a cheerful,albeit noisy,butcher than drunken,violent layabouts to interupt my private life.
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Anne McAllister
Member - 166 posts
As far as I am aware this is covered by TUPE.
Have a look at this.....
http://www.mundays.co.uk/pdf/industry/Franchise_Emp_Update.pdf
You may require legal advice urgently as it appears your manager is absolutely right....
"The TUPE Regulations have the following effects:
o transferring employees of the franchise unit, are entitled to continue to be employed on terms which are no less favourable than those on which they were previously employed."
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Anne McAllister
Member - 166 posts
I would also add that Health and Safety is everyones business and in the workplace it would over ride any notion of discrimination .
I can see how the employee may be afraid/embarrassed about his uncontrolled diabetes but the employer has to ensure that the workplace is as safe as can be.
Rights have to be used in conjunction with responsibilty.
Where would the employer be if this gentleman died on premises following a collapse?
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Anne McAllister
Member - 166 posts
Makes you wonder who was advising these 2?
Payment of full pay would indicate acceptance of liability....very dangerous admission in these days.
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Anne McAllister
Member - 166 posts
Have a look at...
http://www.out-law.com/page-448
For example, if Armadillo plc has been carrying out a contract to supply an insurance company with IT services and then loses the contract to Bear Ltd, Bear Limited will not only take over the contract to supply IT services, but will also inherit all the employees of Armadillo plc who were formerly involved in supplying the IT services to the insurance company. If Armadillo plc has failed to pay its employees their wages for the past few weeks, Bear Limited will inherit the liability to the employees for the unpaid wages under TUPE.
see also...
http://www.berr.gov.uk/files/file20761.pdf
which states...."The new employer cannot pick and choose which employees to take on..."
http://www.acas.org.uk/index.aspx?articleid=1655
Which transfers are not covered?
TUPE does not apply to:
transfers by share take-over because, when a company's shares are sold to new shareholders, there is no transfer of the business: the same company continues to be the employer
transfer of assets only (eg the sale of equipment alone wouldn't be covered but the sale of a going concern including equipment would be covered)
transfer of a contract to provide goods or services where this doesn't involve the transfer of a business or part of a business
transfers of undertakings situated outside the UK
Hope this hasnt confused matters for you.
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Anne McAllister
Member - 166 posts
Have a look at....http://www.surgerydoor.co.uk/so/detail2.asp?level2=Broken%20Ankle%20-%20Open%20Reduction%20and%20Fixation
"How soon you can return to work depends on your job. If you sit whilst at work, you will be able to return to work two or three weeks after your operation. This also depends on you being able to get to work. If your job is manual you will be unable to work for at least three months. "
You would however have to consider things like stairs (at work) and obviously how hes going to get there and back so theres litle point in harrassing him until hes declared fit to return or you have a suitable policy in place.
Would his manager work with a broken ankle?
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Anne McAllister
Member - 166 posts
Before trying to stop this practice it may be helpful to ask why this happens and for how long it has been going on?
Custom and practice may already be established and the employees will not take kindly to a one sided imposition .
Is there an issue with a lack of appropriate facilities in the area?
Does it work out too expensive to have a break anywhere else?
As with any proposed changes ..gently does it.
Consult and negotiate an amicable agreement.
Explain your concerns and ask for suggestions.
If you cant agree on it you may changethings, following consultation giving a months notice in writing.
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Anne McAllister
Member - 166 posts
Im confused now.
If someone is on holiday they are already getting paid (holiday pay) so are not losing money by being sick.
Therefore it cant be paid through sick pay.
What they are losing is days (depending on your interpretation)
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Anne McAllister
Member - 166 posts
Alls well that ends well ?
Assuming shes not gone to post her ET application then?
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