bruno22rf Posted December 10, 2010 Report Share Posted December 10, 2010 Can anyone on here help me with this-my daughter works as a relief childcarer for a local nursery up to 5 days a week (depending on how many regulars are sick or on holiday e.t.c.) and has been in this job for 3 months-her employers are more than happy with her work and she gets on with everybody really well-then 2 weeks ago the company employed a further relief carer who ,since starting, is taking priority over my daughter and has vitually made my daughter redundant.How can a company do this?-are there no regulations that give my girl first chance at any work available?-anyone any ideas? Quote Link to comment Share on other sites More sharing options...
jasons gold Posted December 10, 2010 Report Share Posted December 10, 2010 Can anyone on here help me with this-my daughter works as a relief childcarer for a local nursery up to 5 days a week (depending on how many regulars are sick or on holiday e.t.c.) and has been in this job for 3 months-her employers are more than happy with her work and she gets on with everybody really well-then 2 weeks ago the company employed a further relief carer who ,since starting, is taking priority over my daughter and has vitually made my daughter redundant.How can a company do this?-are there no regulations that give my girl first chance at any work available?-anyone any ideas? Who does she actually work for ie agency or directly employed Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted December 10, 2010 Report Share Posted December 10, 2010 Sadly there is no obligation of employment for relief workers and a contract of Employment only exists as such when she is offerred and accepts a session of work. If the other worker has been employed on a permanent basis I can only imagine its on a formal contractural arrangement, In which case your daughter wont be given priority. If it is as you say on the same basis as your Daughter and sessional then they are making it quite obvious that they dont want her there anymore. She wont be under any obligation to go when offerred another session of work so if I were her I would decline it and look for something else more permanent ( easier said than done I know.) However she will be able to apply for Jobseekers allowance. Her Employers are not breaking any Employment law as such but are being very inconsiderate of your daughters efforts by doing this and its synonymous with the way some people work these days Im afraid, underhand and without scruples or honour. Good Luck to her. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted December 11, 2010 Author Report Share Posted December 11, 2010 She is employed directly by the company and is contracted to work 2 days a week (thurs & fri)on a permanent basis.The other 3 days she is the longest serving relief carer.Her work is beyond reproach so i dont think that they are unhapopy with her in any way-i just think that they are being unproffesional in offering the other girl more work and wanted to know if there was any legal stick i could wag at them? Quote Link to comment Share on other sites More sharing options...
garjo Posted December 11, 2010 Report Share Posted December 11, 2010 Think she has got very little employment protection because of lenghth of service to claim unfair dismissal Quote Link to comment Share on other sites More sharing options...
rimfire4969 Posted December 11, 2010 Report Share Posted December 11, 2010 Has she tried talking to them, there may be a reason for their change. It might be the other girl is on lower money so it saves them a few quid. Times are tight at the moment in child care. I know most workers get somewhere near minimum wage to look after peoples children and the cleaners get £10 per hour. It is very wrong. Not knocking cleaners child care should pay more. I guess she still gets her 2 days a week. I would keep my eyes open for something else. Quote Link to comment Share on other sites More sharing options...
Mungler Posted December 11, 2010 Report Share Posted December 11, 2010 Less than 1 year's continuous service = no statutory protection Look at what the contract says but I doubt there is any obligation on the employer as to how work is dished out and to who. It's not looking too hopeful. Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted December 11, 2010 Report Share Posted December 11, 2010 The contract will be a 0 hour contract more than likely so they dont have to give any hours if they dont want same as out relief gaurds where i work Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted December 11, 2010 Report Share Posted December 11, 2010 She is employed directly by the company and is contracted to work 2 days a week (thurs & fri)on a permanent basis.The other 3 days she is the longest serving relief carer.Her work is beyond reproach so i dont think that they are unhapopy with her in any way-i just think that they are being unproffesional in offering the other girl more work and wanted to know if there was any legal stick i could wag at them? Sadly not....As long as her contracted days remain unaltered the relief work is "contracted" as and when she agrees to a "session" of work. So in fact the relief work is somewhat a renewable contract,the terms of which are offerred and agrred when she is offerred and accepts a session. Quote Link to comment Share on other sites More sharing options...
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