B***ard Bosses
Posted by: bluegirl on 11 October 2005
A friend of mine who is almost 8 months pregnant and works as a manager of a convenience store has had her life made hell by the c**t of a boss she works for.
During her pregnancy she has found out that he wants her out as doesn't want a manager working who has a child. The shop opens from 6am to 11pm 7 days a week. She has worked 9-5 mon - fri for the past few years now, but has been told that when she comes back she will have to work early and late shifts and every weekend, as he intends to 'Make her life hell' so that she'll leave.
This has resulted in her being hospitalised due to work related stress. She has worked there for 6 years, not once had a day off sick. Has for the third time been signed off sick now during her pregnancy, and is receiving £43 p/w stat. sick pay. He meanwhile gets away with it. It's not right.
During her pregnancy she has found out that he wants her out as doesn't want a manager working who has a child. The shop opens from 6am to 11pm 7 days a week. She has worked 9-5 mon - fri for the past few years now, but has been told that when she comes back she will have to work early and late shifts and every weekend, as he intends to 'Make her life hell' so that she'll leave.
This has resulted in her being hospitalised due to work related stress. She has worked there for 6 years, not once had a day off sick. Has for the third time been signed off sick now during her pregnancy, and is receiving £43 p/w stat. sick pay. He meanwhile gets away with it. It's not right.
Posted on: 11 October 2005 by Deane F
Sounds like a diffcult and upsetting position - to say the least. And if the UK is anything like NZ in employment law and access to justice then there probably isn't a lot to be done - and any action in law would cost far more in time, stress and money than it's worth.
My best wishes to your friend and yourself, bluegirl. Sorry I can't help.
My best wishes to your friend and yourself, bluegirl. Sorry I can't help.
Posted on: 11 October 2005 by bluegirl
The advice the C.A.B gave her was to go back to work after the baby is born and 'see what happens', but to be prepared to work as he sees fit or be demoted. Her doctor has advised her for the sake of her health to never return to that place of work pre or post baby.
Posted on: 11 October 2005 by Steve G
She needs to review her contract of employment and see what it says about shift and weekend work and then also advice from the CAB. Sometimes a case can be for constructive dismissal (which is what he's attempting if the allegation is true) but it will require some evidence to substantiate it.
One of our consultants has recently had a child and we've agreed a change to a office based developer position with her initially working 2-days per week - so don't tar all bosses with the same brush!
One of our consultants has recently had a child and we've agreed a change to a office based developer position with her initially working 2-days per week - so don't tar all bosses with the same brush!
Posted on: 11 October 2005 by Stephen Tate
If i was your friend i would go back to her work, work the hours shes always worked and ignore his demands other than what she has always done. Put the ball back in his court, theres nothing he can really do. shes got rights! sounds like a typical case of small mans disease to me. 
regards,
regards,
Posted on: 11 October 2005 by bluegirl
He's adamant that if she comes back things would be changing and her rota will be to cover all shift patterns basically. The woman he has hired to cover her on maternity leave he's paying her more than my friend! He is a horror of a human being and gives bosses a bad name.
Posted on: 11 October 2005 by Stephen Tate
This must be a horrible experience for your friend.
ive had loads of horrible bosses in the past, im now self employed and this suits me down to the ground. As for your friend theres ways round everything, cab maybe?
ive had loads of horrible bosses in the past, im now self employed and this suits me down to the ground. As for your friend theres ways round everything, cab maybe?
Posted on: 11 October 2005 by Bob McC
Once upon a time there were trade unions....
bob
bob
Posted on: 11 October 2005 by Bas V
I am not defendig this bastard boss, but there are just as much, if not many more, bastard workers out there.
For example, about ten years ago my father had it's own company consisting of himself and one other. My father had two lease cars, but this guy wanted another, more expensive car. So my father gave it to him. Within 6 months this dork left my fathers company to go and work for my fathers best client. So all my father was working for was paying the costs of these cars. The good part was that I could drive it now, because buying off the contract was almost as expensive as keeping the car.
Now what's that song again, everybody's got to learn sometime...
For example, about ten years ago my father had it's own company consisting of himself and one other. My father had two lease cars, but this guy wanted another, more expensive car. So my father gave it to him. Within 6 months this dork left my fathers company to go and work for my fathers best client. So all my father was working for was paying the costs of these cars. The good part was that I could drive it now, because buying off the contract was almost as expensive as keeping the car.
Now what's that song again, everybody's got to learn sometime...
Posted on: 11 October 2005 by Adam Meredith
One of my bosses positively told me to get pregnant - or, at least, that was how I interpreted his advice.
On a more serious note - there are n trillion ways in which a person in this situation can seek redress. The main thing is to get support before deciding to leave in response to constant antagonism. Even then - there would be a case for claiming "constructive dismissal".
http://www.compactlaw.co.uk/monster/empf8.html is just one description.
However, constructive dismissal is very difficult to prove and not as simple as it may appear. It is FAR better to investigate all other remedies and NOT leave under pressure.
On a more serious note - there are n trillion ways in which a person in this situation can seek redress. The main thing is to get support before deciding to leave in response to constant antagonism. Even then - there would be a case for claiming "constructive dismissal".
http://www.compactlaw.co.uk/monster/empf8.html is just one description.
However, constructive dismissal is very difficult to prove and not as simple as it may appear. It is FAR better to investigate all other remedies and NOT leave under pressure.
Posted on: 11 October 2005 by Justyn
http://www.acas.org.uk/
Not a bad website and often quite helpful. I know I,ve fought against them loads of times.
but thats another story.#
Justyn.
Not a bad website and often quite helpful. I know I,ve fought against them loads of times.
but thats another story.#Justyn.
Posted on: 11 October 2005 by PatG
Bluegirl,
Is there any form of alternative employment in your area that might be suitable post pregnancy?
Surely, the current employer is not the only option?
Perhaps she'd be better off elsewhere! I am a great believe that water finds its own level and it sounds like she'd be better off elsewhere.
Regards P
Is there any form of alternative employment in your area that might be suitable post pregnancy?
Surely, the current employer is not the only option?
Perhaps she'd be better off elsewhere! I am a great believe that water finds its own level and it sounds like she'd be better off elsewhere.
Regards P
Posted on: 11 October 2005 by MichaelC
This to my non-legal eyes has the hallmarks of a likely constructive dismissal case perhaps Bluegirl your friend should see a lawyer.
Posted on: 11 October 2005 by Deane F
Maybe just a letter from a lawyer might achieve a lot - perhaps not. Most likely your friend's character will be attacked - at the very least misrepresented. Her work history and good efforts might be undermined by lies told through cold teeth.
She is expecting a child. Perhaps, unless her personality is a robust one, and your post seems to suggest it is not, she should just simply remember the guy, put it down to experience, NEVER do business of ANY kind with the man or his associates again, and concentrate on her new life with her child?
She is expecting a child. Perhaps, unless her personality is a robust one, and your post seems to suggest it is not, she should just simply remember the guy, put it down to experience, NEVER do business of ANY kind with the man or his associates again, and concentrate on her new life with her child?
Posted on: 11 October 2005 by Nime
Probably worthless advice but naming names offers at least a taste of justice in cases like this. The question is how best to use the power of the internet, or the media, to get this arsehole hoist by his own petard.
Little hitlers seem to be two a penny in the retail trade. That doesn't mean they should get away with their bullying.
Can't your friend just join a union that still has some balls and a Rottweiler for a local rep?
Has she any contacts or family in the local rugby club?
Little hitlers seem to be two a penny in the retail trade. That doesn't mean they should get away with their bullying.
Can't your friend just join a union that still has some balls and a Rottweiler for a local rep?
Has she any contacts or family in the local rugby club?
Posted on: 11 October 2005 by bluegirl
Citizen's advice and a solictor haven't been very helpful, and have warned her that a court case will be a very long drawn out process with little reward and certainly no job at the end. She's angry that she's been bullied out of work after providing a good level of employment for 6 years and now finds herself on stat. sick pay because of him.
However, her and the baby's health are much more important that the likes of him, so I expect she will move on and find other employment after the birth. Apparently this isn't the first time he has done it though.
For what it's worth we've both boycotted the shop in protest!
However, her and the baby's health are much more important that the likes of him, so I expect she will move on and find other employment after the birth. Apparently this isn't the first time he has done it though.
For what it's worth we've both boycotted the shop in protest!
Posted on: 11 October 2005 by Andrew Randle
quote:During her pregnancy she has found out that he wants her out as doesn't want a manager working who has a child.
Interesting, who was it was witness to this? He/she could come in handy as a witness.
Also I would speculate that the boss would have to justify (with proof) why she is allocated these hours.
Andrew
Posted on: 11 October 2005 by MichaelC
And after he has been firebombed sue the living daylights out of him. Bluegirl, there are other lawyers out there who will no doubt create a valid case. Incidentally, my perspective is that of employer and I wouldn't dream of doing what this chap has been doing.
Posted on: 12 October 2005 by TheRedHerring
Can I suggest you and your friend have a read of the DTI website for all the legislation regarding Maternity leave.
Check out this PDF file in particular. Very helpful.
http://www2.dti.gov.uk/er/individual/matrights-pl958.pdf
If I read it correctly, your friend has the right to return to the exact same job as when she left unless for a very good reason.......
I think CAB and the solicitor were probably right about a lengthy court case but calling this guys bluff could be all that is required.
I also think that some of the 'No Win, No Fee' companies are covering sex discrimination cases so that's something to look at. Even making HIM aware that this is a possible root because he might be thinking she couldn't afford a solicitor??? Just a thought.
Hope this helps.
A
Check out this PDF file in particular. Very helpful.
http://www2.dti.gov.uk/er/individual/matrights-pl958.pdf
If I read it correctly, your friend has the right to return to the exact same job as when she left unless for a very good reason.......
I think CAB and the solicitor were probably right about a lengthy court case but calling this guys bluff could be all that is required.
I also think that some of the 'No Win, No Fee' companies are covering sex discrimination cases so that's something to look at. Even making HIM aware that this is a possible root because he might be thinking she couldn't afford a solicitor??? Just a thought.
Hope this helps.
A
Posted on: 12 October 2005 by Rockingdoc
quote:Originally posted by bluegirl:
During her pregnancy she has found out that he wants her out as doesn't want a manager working who has a child. The shop opens from 6am to 11pm 7 days a week. She has worked 9-5 mon - fri for the past few years now, but has been told that when she comes back she will have to work early and late shifts and every weekend, as he intends to 'Make her life hell' so that she'll leave.
.
This all hinges on an employer's alleged comments, rather than any actual actions regarding shift changes being taken now. Nothing in her employment situation has changed at all yet. If the comments were witnessed, he is in an indefensible position, and no lengthy court case will be needed. If the comments were not witnessed, they can be safely ignored and she can carry on as always.
As an employer, I am constantly dealing with personnel issues surrounding alleged remarks that staff are supposed to have made to each other. If it isn't in writing or in front of witnesses, ignore it.
Posted on: 12 October 2005 by Don Atkinson
BlueGirl,
Rokingdoc's advice is the most practical and most accurate piece of advice you are likely to get....even on this forum.
I would merely add
It's not clear whether the boss told your friend about his plans direct or whether your friend found out through someone else. If direct, there can be no doubt what was said. Otherwise its hearsay, and best ignored at present.
Of course, your friend has (hurt) feelings at a very emotional time and will need plenty of support and realistic but positive encouragement from sound friends until she an cope with a new baby, her old job, and a c**t of a boss.
Cheers
Don
Rokingdoc's advice is the most practical and most accurate piece of advice you are likely to get....even on this forum.
I would merely add
It's not clear whether the boss told your friend about his plans direct or whether your friend found out through someone else. If direct, there can be no doubt what was said. Otherwise its hearsay, and best ignored at present.
Of course, your friend has (hurt) feelings at a very emotional time and will need plenty of support and realistic but positive encouragement from sound friends until she an cope with a new baby, her old job, and a c**t of a boss.
Cheers
Don