Employment Law?

Question

if you own a construction company and ask a member of your full time staff to work on Saturday and they refuse because they had plans to work for another company in the same business that day, can you legally fire them?

in the job interview, the employee was asked if he would be available for Sat work, he replied the more the merrier! when asked on Friday, he refused because he had organised work with a man who claims social welfare, and fri eve @ 9pm i approched him and told him i really needed him tomorrow. he never showed up for work with me sat morn but did go to work with the other man. what can i do?

Also i am in Ireland and the employee is with us 9 months

Answer 1

Assuming you are in the UK the answer is as follows.

1. If he has been employed by you for less than 12 months, you can dismiss him and he cannot claim unfair dismissal, even if it was unfair. You must give him his contractual notice, however. [Employment Rights Act]

2. If he has worked more than 12 months, then you can only dismiss him fairly (in law) if he is contractually obliged to work Saturdays (that will be in his written terms of employment) . Otherwise, it would amount to unfair dismissal without question and yoiu run the risk of a tribunal claim.

Straightforward enough, I hope.

Answer 2

Did you have Saturday overtime put in his contract? If so give him a verbal warning reminding him of his contractual obligations . Make sure you log the warning on his file time/date/details. If he does it again do the same thing pointing out that this is the second time. The thrid time make it a written warning then if he does it again fire hi. Alternatively if he has worked for you for less than a year you can fire him without a resaon anyway. (UK) You might want to phone ACAS and check with them first thing in the morning before you sack to be sure but I think you will find I am right.

Answer 3

hi - this would not violate human rights regulation and in maximum circumstances, it would not violate employment regulation the two. in spite of the undeniable fact that, that's going to be the agency's employer that denies the worker's application, no longer the worker's modern-day employer. that's criminal, and in actuality consumer-friendly, for agreements between businesses to comprise a "no poaching" clause. what's usually times no longer criminal, watching the region, is a employer's magnificent to restrict an worker from in seek of alternative artwork. Agreements between a employer and an worker which decrease the place an worker can artwork submit-termination, or restrict an worker from working in a definite industry, is probably no longer legally enforceable. hence, the agency purely isn't possibly to choose for to jeopardize their relationship with the employer by hiring you. the employer is obviously adamant approximately imposing the words of their settlement with the agency. could you sue them? Yeah - yet whether you gained, what might you get? a activity with a agency who's pissed off when you consider which you fee them a huge account? a foul relationship at the same time with your modern-day employer, with whom you will could deal on your new function? some issues purely are not properly actual worth the drama - i might enable it pass.

Answer 4

As working the Saturday was going to be overtime and not part of his contractual hours, then he has not broken his contract.

Also he could turn around and say that enough notice wasn't given to him requesting him to work saturday.

As there wasn't any gross misconduct on the employee's behalf then you can't fire him beause of this.

Answer 5

You cannot expect them to work outside the hours they are contracted to work. If they are working for a competitor then you must give them the chance to stop working for them. If they refuse then you can get rid. They might go to arbitration and if they can prove that there was no conflict of interest then you might be asked/told to pay compensation. Tread carefully.

Answer 6

If they have done there contracted hours for that week then no you can't sack them . what they do in there own time has nothing to do with you.but if your employee has not done his hours for that week and you contract states 5 days work over 7 then you could possibly give him a warning.
If your in the U.K

Answer 7

It depends on the nature of your contractual relationship. If mandatory overtime is part of that relationship, then whatever sanctions are specified by the contract can be applied. Failing that, employees have a right to work for anyone they please during off hours.

Answer 8

IF YOU OWN YOUR OWN COMPANY YOU CAN DO ANYTHING YOU WANT IF YOU DO NOT FALL UNDER FEDERAL CONTRACTS. IF YOU HAVE HAD A FEDERAL CONTRACT THEN DURING THAT CONTRCT YOU HAVE TO FOLLOW FEDERAL GUIDELINES. IF YOU ARE A PRIVATE COMPANY YOU CAN DO AS YOU PLEASE. I AM NOT SAYING S/HE CANNOT SUE YOU BUT HOW WOULD THAT LOOK IN COURT THAT THEY SUED YOU BECAUSE YOU NEEDED THEM TO ASSIST YOU TO FINISH A JOB ON TIME OR BEFORE TIME? YOU COULD FIRE THE EMPLOYEE FOR NOT BEING FAITHFUL TO YOU HIS EMPLOYER AND TELL HIM IF HE LIKES THE OTHER COMPANY SO WELL GO TO WORK FOR THEM AND BE HAPPY. THIS TO ME IS LOYALTY TO YOUR FIRST CHECK, THE ONE WHO PUTS THE BREAD AND BUTTER ON THE TABLE SO TO SPEAK. WHILE YOU CANNOT MANDATE HE WORK IN EXCESS OF 40 HOURS WITHOUT OVERTIME PAY, YOU CAN DEMAND HE BE ON CALL FOR YOU AS A PART OF YOUR CONTRACT WITH HIM TO WORK AS A PARTNER OF THE MANAGEMENT TEAM--HELL S/HE MAYBE TRADING YOUR SECRETS TO THE OTHER COMPANY ON HOW YOU BID ETC.-I KNOW WHEN I WORKED FOR A GARAGE PAINTING CARS ON THE SIDE AND I WAS CALLED IN ON AN EMERGENCY OPERATION BY THE DEPARTMENT(JAIL BREAK ETC RIOT) I HAD TO LEAVE MY OTHER JOB BECAUSE I WAS ON CALL 24-7 FOR THE DEPARTMENT IN AN EMERGENCY SITUATION-IF THIS IS NOT IN YOUR CONTRACTS WITH YOUR PRESENT EMPLOYEES-WRITE UP AN ADENDEM TO WORKING FOR YOU AND INCLUDE AN EMERGENCY CLAUSE TO BE CALED IN IN COMPENSATION WITH OVERTIME TO YOUR EMERGENCY NEEDS-

Answer 9

who's the boss? if yr workers arent going to work for u dont pay them a single cent.how can they be so ungrateful.So get prettier, sexier staff to work for u

Answer 10

Yep.

You don't actually need a reason.