bruno22rf Posted October 1, 2016 Report Share Posted October 1, 2016 My lad works part time at our local chippy - he has just been told that he will be starting later each night and that a new employee is to take over his work during these hours - is this legal? - he's 17 and had no complaints about his work or conduct whatsoever? Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted October 1, 2016 Report Share Posted October 1, 2016 (edited) It's not exactly the type of place that'll be known for workers rights, or getting the union involved. If he's aggrieved better off telling them to do one and look for work elsewhere, or find work elsewhere first and then just walk. Does he even have a written contract of employment ? Edited October 1, 2016 by Lloyd90 Quote Link to comment Share on other sites More sharing options...
panoma1 Posted October 1, 2016 Report Share Posted October 1, 2016 You could give ACAS a ring, or the local CAB for advice.........or go online and look up 'The European Worktime Directive' this should give you the information you require, Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted October 1, 2016 Report Share Posted October 1, 2016 If he doesn't have an employment contract defining his hours etc then what can he say though ? Quote Link to comment Share on other sites More sharing options...
panoma1 Posted October 1, 2016 Report Share Posted October 1, 2016 There will probably be restrictions on the hours and times juveniles can work? Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted October 1, 2016 Report Share Posted October 1, 2016 How many hours a week does he work and what is his hourly rate. ? We don't need to know but he is entitled to a certain hourly rate and should the weekly threshold be exceeded the employer would need to be registered and operate PAYE I believe.. Perhaps its this I think Thunderbird on the forum deals with employment rights.. he might know. Other than that it might just be the Chippy owner is doing a favour to a friend or good customer. In not sure if there are any hard or fast employment regulations for part time non adults other than the normal H&S. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted October 1, 2016 Report Share Posted October 1, 2016 If he has an employment contract it should have a section about working hours and also possibly about changing hours. Due to the job it's unlikely he even has a contract. So unless they are breaking some sort of big time rules I can't see much he can do ? Quote Link to comment Share on other sites More sharing options...
AVB Posted October 1, 2016 Report Share Posted October 1, 2016 This site gives details regarding employment contracts. Basically everybody has a contract, whether write or not, once they start work. And the employee must provide a written statement of details within two months of starting work. https://www.gov.uk/employment-contracts-and-conditions/overview Quote Link to comment Share on other sites More sharing options...
zipdog Posted October 2, 2016 Report Share Posted October 2, 2016 It's not exactly the type of place that'll be known for workers rights, or getting the union involved. If he's aggrieved better off telling them to do one and look for work elsewhere, or find work elsewhere first and then just walk. Does he even have a written contract of employment ? You can go through all the legal routes to get your rights, but in the long run they will be able to make it so miserable he will have to leave. Far better to move on now if he is not happy and put it down to experience. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted October 2, 2016 Report Share Posted October 2, 2016 You can go through all the legal routes to get your rights, but in the long run they will be able to make it so miserable he will have to leave. Far better to move on now if he is not happy and put it down to experience. That's kind of the point I was making, he is young and up and coming! Tell him to look for work elsewhere then tell them he is off. Bar work is always fun at that age (Especially if turning 18 soon), its a good crack, if you have a good location you get to chat up some birds, and maybe you'll be working with some fitties too Quote Link to comment Share on other sites More sharing options...
BrowningB525 Posted October 2, 2016 Report Share Posted October 2, 2016 He'll probably be on a casual contract (zero hours). If he's contracted to a certain number of hours,is he still getting the minimum amount? Is he given pay slips or cash at the end of the shift? What shifts does he work now? Is he working around college? They may need someone to start earlier than he can. As others have said, it may be time to look for new jobs. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted October 2, 2016 Report Share Posted October 2, 2016 (edited) This site gives details regarding employment contracts. Basically everybody has a contract, whether write or not, once they start work. And the employee must provide a written statement of details within two months of starting work. https://www.gov.uk/employment-contracts-and-conditions/overview AVB is right, notwithstanding the obligation to provide written terms within 8 weeks, in the absence of a written contract the reality of the employment situation will effectively be the contract. The OP is asking whether they can change his son's hours at will, and the answer is most likely yes they can unless the contract expressly (which he probably won't even have) says otherwise. Many people on zero hours contracts aren't even employees, they are known as "workers', which is a kind of hybrid status somewhere between being employed and self-employed (but closer to employed). Many agency workers are this status. It's wrong to say that a 17 year old working in the local chippie doesn't have any employment rights, but he won't have many beyond being paid the minimum wage, entitlement to paid holiday (which you can work out on casual hours by multiplying the gross pay by 12.07%), breaks etc. EDIT: Bear in mind that protection from unfair dismissal doesn't kick in until you've been working in a place for two years (barring 'isms' and a few other things like the protection afforded whistleblowers) so people can be sacked for whatever reason the employer can (legally) dream up, subject to the correct amount of notice, for example one week after a month and up to two years. Edited October 2, 2016 by Thunderbird Quote Link to comment Share on other sites More sharing options...
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