Employer Issue's

[Mrsong]

Looking for advice about my employer

 

Im currently under a fixed term apprenticeship contract running Feb-Feb im due to finish on Feb 13th and be dismissed at that point which is fine.

 

Some back history on issues with the company already would be a meeting i had back in November about my supervisors concern over my attendance. I have had 5 weeks off for medical issues (all on doctors sick notes) as i had surgery. taken all my annual holidays and have had about 11 days sick across the year in total and one compassionate leave day my manager gave as a death happened in the family.

 

Come friday our jobsite has a strike and i cannot gain access to the site due to intimidation at the gates. I explained this and it was okay. The same has happened today and iv now been told there considering dismissing me effective from tomorrow if i don't turn up.

 

No verbal or written warnings either

 

Were do i legally stand?

 

EDIT: There trying to force me out since my op pretty much or so it seems :/

[renegadeimp]

What do you mean intimidation? The workers cannot block access or threaten you. They're in the **** if they try.

[Mrsong]

What do you mean intimidation? The workers cannot block access or threaten you. They're in the **** if they try.

 

Exactly that, stopping my car. And threatening behavior to stop me going onto site today and friday. Many of us have had it

[SabreSheep]

well you could lodge a formal grievence agasint the striking colleagues which the management would love to have. Esp if others signed it.

 

However relations with colleagues who are striking will take a dive

[ericsbrother]

As an apprentice you cannot strike and the union should know this so there is no need for rudeness from your workmates. Come to work and explain this to them if necessary and ask to see the person who is organising the picketing and point this out. Say that you would not cross the picket line otherwise but you are obliged to by law.

[Atlas01]

As an apprentice you cannot strike ...........

 

Teach me something eric as this i never knew - where does this come from as i'm not aware of it in the act

http://www.legislation.gov.uk/ukpga/1992/52/contents

 

The employer would be legally foolish to dismiss due to a refusal to cross a picket line unless the OP had been given clear instruction on what action to take if they had issues crossing the line. That said i expect this to be gossip and they will just let the contract run it's course if they have any brains in their head.

[Mrsong]

Teach me something eric as this i never knew - where does this come from as i'm not aware of it in the act

 

The employer would be legally foolish to dismiss due to a refusal to cross a picket line unless the OP had been given clear instruction on what action to take if they had issues crossing the line. That said i expect this to be gossip and they will just let the contract run it's course if they have any brains in their head.

 

When i got the job i was warned strikes are frequent due to contractors on site etc and unions rule the site as per Naeci agreement. I was told i can strike as per the agreement and wage will be lost for doing so unless im in the union and they secure our wages for striking.

 

They have me until feb 13th. It would seem stupid to dismiss me now

 

Edit: got word of strike resuming tomorrow morning. My options are go in early and avoid it but be stuck behind it and face some possible backlash. Or go in normal time and not cross the picket. Urgh

Edited January 13, 2015 by Mrsong

[Emmzzi]

join the union.

[Mrsong]

join the union.

 

I debated joining unite (the union involved) to protect myself from my employer. But is it as simple as join online why there's a rough patch and cancel when I leave work in a month?

[Emmzzi]

with a sick record like yours I'd stay in the union!

[Mrsong]

with a sick record like yours I'd stay in the union!

 

3/4 mine is down to medical I go in with a cold I don't care. But when I can't walk what can you do

 

Was joining serious advice though? I don't know what the unions do tbh is all

[renegadeimp]

Unions are a good idea in principle as they can protect your rights. However if you have prolonged abscences for whatever reason, or are generally taking the mick, theres very little they can do. Remember, you ahve been very lucky so far, Most employers would have dismissed you for the amount of absences you have had. Illness or not.

[Mrsong]

Unions are a good idea in principle as they can protect your rights. However if you have prolonged abscences for whatever reason, or are generally taking the mick, theres very little they can do. Remember, you ahve been very lucky so far, Most employers would have dismissed you for the amount of absences you have had. Illness or not.

 

But this would have to go through a standard disaplinary procedure am I right? If so none of this has been done yet.

[Emmzzi]

you've had 5 weeks off for an op, and an average of a day a month for other stuff. If it's disability related I'd say you need to be in a union for their support.

 

anyway. your postion seems clear to me. Agree with the strike reason, join the union and strike. Don't, cross the picket line and work.

 

Time to make an adult decision based on your principles.