News2 mins ago
Part-time job rights?
My son works/worked part-time at a local restaurant. He was the only person working in the kitchen during peak lunch-time and under pressure swore at a waitress. He was then told to go home and not to come in until next Friday to collect his wages.
It is not clear whether he has been fired or not but I was wondering what his rights are as if he has been fired it seems very harsh.
Can you someone clarify his legal rights for me, please?
Thanks in advance.
It is not clear whether he has been fired or not but I was wondering what his rights are as if he has been fired it seems very harsh.
Can you someone clarify his legal rights for me, please?
Thanks in advance.
Answers
Best Answer
No best answer has yet been selected by Mattk. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I am no expert, in fact I only joined this site today but have found other people's opinions and answers very welcome and useful, so hopefully someone with a bit more knowledge on the matter may answer you soon - but as far as I am aware it will depend on a) What exactly your son said to the waitress, as if it was threatening then it may be seen as gross misconduct and b) how long he has been in the job, I think that part-time employees have more rights after a year, as far as unfair dismissal goes. Also worth considering though is whether the company were breaching health and safety rules by allowing him to work alone in the kitchen?
As I said, hopefully somebody with more knowledge on the subject will see your question soon and answer it x
As I said, hopefully somebody with more knowledge on the subject will see your question soon and answer it x
-- answer removed --
hes been there a couple of months. it is not clear that he has been sacked as they told him to go home and come back friday for his wages but i want to get some legal facts before he goes back in.
i have told him to ring them tomorrow when everyone has calmed down and explain his situation. it seems very harsh to me that you can get sacked for swearing at another member of staff of equal status.
i have told him to ring them tomorrow when everyone has calmed down and explain his situation. it seems very harsh to me that you can get sacked for swearing at another member of staff of equal status.
Gross misconduct is grounds for instant dismissal.
"gross misconduct: are acts which are so serious as to justify possible dismissal, such as theft or fraud; physical violence or bullying; deliberately accessing internet sites containing pornographic, offensive or obscene material; serious insubordination; serious incapability at work brought on by alcohol or illegal drugs; a serious breach of health and safety rules; or a serious breach of confidence"
It is impossible to say whether your son is guilty of gross misconduct - there is swearing which can be shrugged off, and there is swearing which is tantamount to bullying or threatening behaviour.
What exactly did he say, and was he intimidating when he said it?
"gross misconduct: are acts which are so serious as to justify possible dismissal, such as theft or fraud; physical violence or bullying; deliberately accessing internet sites containing pornographic, offensive or obscene material; serious insubordination; serious incapability at work brought on by alcohol or illegal drugs; a serious breach of health and safety rules; or a serious breach of confidence"
It is impossible to say whether your son is guilty of gross misconduct - there is swearing which can be shrugged off, and there is swearing which is tantamount to bullying or threatening behaviour.
What exactly did he say, and was he intimidating when he said it?
True, but he's still entitled to a notice period if he has been dismissed. That is one of the differences between dismissal for (whatever reason the employer decided) and dismissal for gross misconduct (where the employee has fundamentally breached the contract - as per Ethel above).
Unless he's a casual worker, when he's employed on an hour by hour basis. That's what we are trying to sort out here.
If he's being paid weekly, gets a pay slip with his NI number on it (even though I realise he probably doesn't earn enough for there to be any deductions), has been there 2 months and is working those hours regularly, I reckon he should argue that he was on a week's notice.
If, however, the employer tells him which hours he will work and it varies, he probably can't argue legally for any more pay than the shift when he was sent home.
Unless he's a casual worker, when he's employed on an hour by hour basis. That's what we are trying to sort out here.
If he's being paid weekly, gets a pay slip with his NI number on it (even though I realise he probably doesn't earn enough for there to be any deductions), has been there 2 months and is working those hours regularly, I reckon he should argue that he was on a week's notice.
If, however, the employer tells him which hours he will work and it varies, he probably can't argue legally for any more pay than the shift when he was sent home.