Ahhhhh, I am so angry, my sister is 17 and has been working in a ice cream parlour?

Question

for about 4 mths at the weekend. On Saturday her boss phoned her and told her not to go in because they were staying closed for the day.
Anyway, later on that day her friend who she work's with phoned and asked why she hadn't goen in, and that she to had also been sent home.
To add insult to injury, my sister found out on the Monday that 8 polish people had taken there jobs and that they weren't needed anymore.
I am really angry on my sisters behalf because she is so hard working (for her age), never misses a shift and is always on time.
Now she has no job, bearing in mind it's hard enough at that age to find a job, but also no income.
Does anyone else agree that this is appauling and does she have a leg to stand on?
I know I rant and rave and I don't discriminate but shouldn't British Citizens come first in our own country???

Answer 1

I'm really sorry about this. The employer has not treated your sister in a reasonable way. Unfortunately, there won't be a great deal she can do about it. As she has been working there for less than two years, she doesn't have any employment protection rights; the employer does not need to give any reason for dismissal. However, the employer does by law have to give pay in lieu of notice - if she was paid weekly, she should receive either a week's notice or a week's pay. The only exception is if she was dismissed for gross misconduct. She should approach a Citizens Advice Bureau for help in going to the Industrial Tribunal - possibly the employer could be penalised for wrongful dismissal, as they did not carry out the correct procedures.

I would guess that she was being paid the minimum wage; therefore the Poles should not be being paid less, in fact if they are over 18 the rate would be higher. Have a friendly chat with them and find out how much they're being paid. There are severe penalties for employers that pay less - if you can prove that is happening, you can really get your own back!

Lastly, please don't blame the Poles for the bad attitude of the employer. What is important is that the same rules are applied to all.

Hope this helps.

Answer 2

Hi,

Contrary to the "Legal" advice given which is totally wrong.

In the UK you must be continuously employed for 1 year to be protected under employment legislation with certain exceptions that don't apply here. The 2 year limit only applies to redundancy entitlement.

Sadly your sister does not have a legal case but your local press may be interested in the story and make sure everyone you know finds out what happened and tell them to pass the details on.

No customers, no business!

Employing people that have fairly competed for a vacancy is fine, but sacking regular staff just to get cheap labour is disgusting!

Answer 3

Your sister will need to go to her local CAB office, or similar service. If your sister has a permanent contract then she definitely has a leg to stand on. Employers can't just sack you like that unless they can prove that your sister has been dismissed due to gross misconduct. Hiring cheaper labour is not a good enough excuse. If your sister was on an ongoing temporary contract, her employers could say that they no longer needed her but still this could be challenged because they took on 8 people immediately after her.

Answer 4

That is completely illegal they have not laid them off as they have new staff in. Nor have they sacked her for any good reason. Go to the Citizens Advice Bureau they will give you advice on what you can do and how you can do it. It's not the problem that they are Polish but more the fact that they were unfairly dismissed it would be just as bad as if the person who replaced her was British, wouldn't it.

Answer 5

I don't know the British laws, but it sounds like discrimination to me. Age discrimination, if nothing else. Do you have a Better Business Bureau you could call? Or something like the Equal Employment Opportunities Commission?

Good luck!!

Answer 6

im guessin you are in britain, im sorry dude, cuz i dont know the laws yall got up there. but if it were down here, i would take my fight to the news, to the courts, and right in the owners face. I think your right in being angry, not so much because of the race or citizen thing, but more for the injustice, cuz thats what it was. dont lower yourself and make it a racial issue, the owner discriminated against everyone he fired, and showed favoritism to the other people, if you can prove it, you could have a case,(think before you say, this comes in handy, especially when your pist, we so rarely like to think when were angry) here to help.......

Answer 7

youd think so, but no, ive been having similar problems. Unfortunately your sister doesnt have a legal leg to stand on but one of the best ways she can get back at her ex-employer is to write out a load of leaflets detailing what her ex-employer did and then stand outside the ice cream parlour for a week or so handing them out to everybody who is about to go in, her ex-employer cant do a thing about it either

Answer 8

Its happening everywhere and how will anyone be able to compete with the polish, the are prepared to work for peanuts. This country should get its priorities sorted it has not given a S*"t about its own in years!!!!!!! British stand together and take control of your own country!!!

Answer 9

Ha Ha Ha, I like the last bit. British Citizens should come first in our own country. I'm afraid those days are gone. As said above she shoul go to the CAB, (If in UK!) Good Luck to her.

Answer 10

British citizens don't seem to come first in any country.
I wonder if she could get a job in Poland. I doubt it very much.
Its disgusting. When will Britain start caring about its people?