Need help with 'law' at work.

[Blackshear]

Hello all, just need a quick clarification. What follows will explain why I have not looked this up myself (other than my inability to read all of their inflated words on appropriate sites).

I am a metal fabricator, and have been for the past 3 months, thus the workshop is a tough love kind of deal.
The shop foreman, to put it bluntly, is a cocksucker. He sucks his own cock, as he seems to make up all the rules.

This Friday was the beginning of many weeks he has asked EVERYONE to start at 6. Asked nicely too, as in, 'You're all turning up at 6am from now on for a while, but still finishing at 4.30 '.
I told him I could not possibly decrease my 6-odd hours of sleep to 5, as such a thing is 1. Bad to my health, and 2. Dangerous to myself in terms of safety. Yes, I have tried sleeping earlier, doesn't work.

So on Monday just passed, he informed me I was an hour late. I also had a problem, and was in dire need of a solution to it.
I didn't solve it ha ha, he can suck my balls.
"You aren't part of the team then?"
'Yes. Just not the 6am team.'
"Well then, you get all the shit jobs until you start at 6."
Empty threat, I get all the shit jobs anyway.

All was good up until today, where he asked me to work tomorrow from 7am, no excuses.
'I have plans, sorry. North head with my family.'
"Ok, right. You have refused to work overtime this whole week, and you are now refusing to work overtime tomorrow. If you don't come tomorrow, I will have to give you a written warning. It is under your contract something something Forlong and Macey (?).Got it?"
'Sure thing. How many writtens do I have?'
"Dunno."
'Well fucking add one to it then, mate. See you Tuesday.'

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TL;DR
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He not boss.
He force me work overtime.
He give me written warnings for not working overtime.

Does he hold this written warning power, and is it upheld by my contact, whether or not I have actually signed it? (I haven't).

Cheers all, I've never been a politics and law kind of person. There are so many clauses and loopholes, gaps and places to wiggle through.

[Blackshear]

Also, just to add, I will be having a big chat with the shop boss on Tuesday depending on the outcome of this faggots fat head.

[MIXONE]

I think they are breaking the law but not having you sign a contract.Good luck.

[Hitcher]

If you are a union member, I would be bringing this matter to their attention.

If not, I would raise this matter with the bullying pillock's immediate manager as a first step.

[Tank]

Thery is a 100% need for an employment contract.

You should have signed it. Then the 'rules' would have been set out in that contract. Then any changes have to be agreed by you both. If you dont agree they cannot force you and you have a stronger position.

May also pay to look at keeping your head down and looking for another job - there are a lot of people out there without one at the moment. A crap job with a crap boss is better than no job huh? (Skiddy may disagree - but meh).

Also - are you typing this at work?

[Scouse]

1/ He can not force you to work over time however he can change your start time with 48 hours notice so if he wants you to start at 06:00 he would have to let you Finnish at 14:30

2/ If you are a Monday to Friday worker and you have been employed as that he can not tell you that you are working overtime on Saturday.

3/ If he proceeds down the track of issuing a verbal or written warning on Tuesday you should call in your EMU rep if your not a union member now is a good time to think about joining as they will be able to start a personal grievance procedure against your employer.

4/ Keep a written record in a diary of all of your dealings with your Foreman / manager / HR department including any instances of belittlement harassment.

Good luck if you only do one of the thing I have advised you then make that the Joining the union thing and getting in the EMU Rep

PS I am in Management and would not ever treat my employees in this manner

[Max Preload]

You must have a written employment contract - it's the law - but don't just sign what they hand you - go through it with a fine tooth comb and make sure you understand all the implications of all the clauses and most importantly agree to them - and negotiate. Add in any clauses you feel you want or need. Certain aspects such as how annual leave is accrued are covered by law and your entitlements cannot be modified to be less than that required by the relevant law.

There are certain things I'd never agree to - that includes anyone being able to tell me when I must take my annual leave. Fuck that.

All that said, I'm a contractor and would never go back to wage or salary again.

As far as the prick foreman goes, throw the cunt a sack party! Nah, just let his superiors know of his conduct IN WRITING.

[Blackshear]

I think they are breaking the law but not having you sign a contract.Good luck.

I was given a contract to read and sign if I agree to it, by the big big head honcho of the franchise. I have not yet read it, nor has anyone brought to my attention the lack of signature.

If you are a union member, I would be bringing this matter to their attention.

If not, I would raise this matter with the bullying pillock's immediate manager as a first step.

Not a member of a union. I have already had a word to the shops boss about it, but nothing seems to have been done.

Thery is a 100% need for an employment contract.

You should have signed it. Then the 'rules' would have been set out in that contract. Then any changes have to be agreed by you both. If you dont agree they cannot force you and you have a stronger position.

May also pay to look at keeping your head down and looking for another job - there are a lot of people out there without one at the moment. A crap job with a crap boss is better than no job huh? (Skiddy may disagree - but meh).

Also - are you typing this at work?

So are you saying that had I signed this contract, I would be in a stronger position to oppose his threat? He seems to be all up on the idea I have signed it. I must look for it over the weekend and read me some.

I am currently looking for a job right now, asking all of my mates and what not.
I may have nibble on a hook involving a fishing trawler, and maintenance. No guarantees at all, though.

And my workmates from New World said things could only go up from there.
Now I'm on the same $12.50 hourly rate and LOVING IT

Currently sitting at home, quietly breathing and mellowing to music.

[Scouse]

Not a member of a union. I have already had a word to the shops boss about it, but nothing seems to have been done.

Dont sit on your arse waiting for your employer to get the union in for you PHONE THEM UP YOURSELF

[Blackshear]

1/ He can not force you to work over time however he can change your start time with 48 hours notice so if he wants you to start at 06:00 he would have to let you Finnish at 14:30

2/ If you are a Monday to Friday worker and you have been employed as that he can not tell you that you are working overtime on Saturday.

3/ If he proceeds down the track of issuing a verbal or written warning on Tuesday you should call in your EMU rep if your not a union member now is a good time to think about joining as they will be able to start a personal grievance procedure against your employer.

4/ Keep a written record in a diary of all of your dealings with your Foreman / manager / HR department including any instances of belittlement harassment.

Good luck if you only do one of the thing I have advised you then make that the Joining the union thing and getting in the EMU Rep

PS I am in Management and would not ever treat my employees in this manner

I am a Monday to Friday worker, from 7am - 4.30am.
Those days and times are the only ones in which I will work, unless he lets me go an hour earlier to compensate.

I shall give these EMU guys a call, should HE (Shop foreman, not manager) give me a written.

I should hope you treat your employees nicely ha ha, the foundations of the company are rather important.

New world found that out when The produce boss, me and another produce assistant quit on the exact same date.

You must have a written employment contract - it's the law - but don't just sign what they hand you - go through it with a fine tooth comb and make sure you understand all the implications of all the clauses and most importantly agree to them - and negotiate. Add in any clauses you feel you want or need. Certain aspects such as how annual leave is accrued are covered by law and your entitlements cannot be modified to be less than that required by the relevant law.

There are certain things I'd never agree to - that includes anyone being able to tell me when I must take my annual leave. Fuck that.

All that said, I'm a contractor and would never go back to wage or salary again.

As far as the prick foreman goes, throw the cunt a sack party! Nah, just let his superiors know of his conduct IN WRITING.

Would it not be their fault for not following me up on my employment contract?
Believe me, when (and if, considering) I do finally read it, I will make damn sure I agree to everything.

As for the annual leave thing, does that not just scream out "NO PLANS FOR YOU BUDDY, WE DON'T CARE ABOUT YOU ENOUGH TO GIVE YOU CHOICE."

[Ixion]

Three simple words. Join the union.

It's what they do


EPMU Union Support Centre on 0800 1 UNION (0800 186 466)

[Blackshear]

Dont sit on your arse waiting for your employer to get the union in for you PHONE THEM UP YOURSELF

Sorry, I meant I had a word to the boss about Ivans way of telling me i'm not part of the team.
The boss had nothing to with the starting at 6am party, it turned out.
Asked him to have a word to Ivan about it.


Is it possible that being 18 would play a part in this subordinating and belittlement?

[Blackshear]

Three simple words. Join the union.

It's what they do


EPMU Union Support Centre on 0800 1 UNION (0800 186 466)

I will be calling them up on Tuesday, after I run through a few things with the shop boss. The foreman is the only person I have a problem with in the whole company.

[Scouse]

Is it possible that being 18 would play a part in this subordinating and belittlement?

well if it is that is also a reason for the EMU Rep to call in and say Hello to Ivan

[Blackshear]

well if it is that is also a reason for the EMU Rep to call in and say Hello to Ivan

I'm sure they'd like the idea. May just have to quietly ask them the same thing, in order to get the idea juices flowing







Cheers everyone, it seems my only option is an external judge of sorts.
And I like that idea.

Hope you all a good long weekend