Help! Serious breaches of employment law.

CGorman

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Help!

My girlfriend took up a sales assistant position for the summer with a british based Retailer

It has been a nightmare and she does'nt know who to turn to. After nearly 6 weeks there, here's whats happened:

1) In the first few weeks she was repeatedly told to dye her hair. She was sent home on one occasion (which led to tears). She has given in and dyed her hair as requested.

2) Already half of the staff have left... including the manager who simply went off to the toliet one day and did'nt return!

3) She has been made de facto manager - but receives no significant pay change for this - she earns as much as a tesco shop floor staff... despite being manager of a fashion concession in a top department store.

4) The biggest issue - SHE STILL HAS'NT BEEN PAID. All the other staff have been, but after 6 weeks she still has'nt got a penny... despite having to pay rent and bills to live in Dublin. The firm claimed to have paid her - but the bank manager (who she personally knows) is certain they've made no effort to pay her. What's more, the company has said she'll be emergency taxed (despite none of the other staff being taxed and also the fact she has contacted rev to ensure she won't be.) The companys policy is to pay monthly.

5) She has been forced to work 12.5 hr shiftas with only a single 30min break (8.30am - 9pm)!!! This has happened once or twice... additionally she has'nt once gotten her full break entitlements as she is under pressur eto return to the store as two of the staff the English firm hired can bearly speak English (hired for their looks only)

6) She never gets out of work on time - usually 15-20min late.

7) Anytime she phones England, they give out to her - even though she personally makes about 75% og the concessions sales (despite there being 7 staff).

8) The firm have told other staff to lose weight and change appearence.

9) She is regularly shouted at down the phoen and manipulated.

10) When hired she was told she'd be paid "probably" €11 and be guarenteed 40hr a week,... turned out to be €9ph and had tot fight to get 40hr as they tried to give her just 20hr.

This is a college educated, hard worker who's worked in everything from boutiques to butchers, chineses to cashier roles. She has no money left and feels if she tries to seek help she'll be fired and left without a job. Like I said she is by far the best salesperson in the firm and is an attractive, well presented employee. I might add she has been elevated to a position involviing lots of paper work and admin tasks despite being only 19 and a summer staff only.

What can she do? She's fiercely independent but terrifed of having no job to go to. The company has abused her repeatedly. She needs this rectified immediately - she has'nt been paid for 6 weeks!!!
 
Re: Help! Serious breaches of employment law!

Can she get any other job for the summer? It doesn't sound like it's worth staying. If they haven't paid her so far, it's unlikely they will pay her now. She would be better off working on the shop floor in Tescos, given what you have described.
 
Re: Help! Serious breaches of employment law!

I understand the position: she would like to quit but then she would have no job and the risk that the company wouldn't pay her at all for the time worked.

I would report them in writing immediately to the relevant government dept. She must have a direct supervisor, even if they are in the UK? I would complain in writing through the company chain of command.

She can also make a case for inappropriate comments about her appearance - your employer cannot tell you how to look beyond vague terms like "neat, professional" and certainly asking her to lose weight is disgraceful.
 
Re: Help! Serious breaches of employment law!

I would report them in writing immediately to the relevant government dept. She must have a direct supervisor, even if they are in the UK? I would complain in writing through the company chain of command.

Any idea what is the relevent contact? If anyone knows, please let me know. She does have a supervisor... but she is in England and has several other responsibilities.

certainly asking her to lose weight is disgraceful.

This particular comment was made to the ex-manager... my girlfriend is a nice size 8, so at least no worries there!! Its her hair that they've directly and explicitly mentioned.

Thanks for your advice. I'm very interested to see what other people think and to prove to her there is hope - she feels completely defeated and like you said feels no secuirty if she were to quit. Any more stories/comments/advice really appreciated.
 
Your girlfriend can lodge her own individual case against the Company for wages, holiday money etc through the rights commissioners. She does not need to be legally represented to do this : ([broken link removed])

She can report the company to the labour inspectorate (ODERC) whose approach is usually to pursue payment of arrears to staff before prosecuting, although how quickly they can respond I am not sure(http://www.entemp.ie/employment/labourinspectorate/index.htm

or she can approach a trade union and ask them to deal with the matter.
 
Even if the supervisor is in England, s/he should still be notified. If she complains elsewhere first, the company will straight away say "oh she never told us about this, we didn't know...blahblahblah" - not that anything they say will be credible.

She could also try contacting the tax dept - play dumb and say she hasn't been paid yet, is there a problem with her new tax cert?
 
The first thing I would do is document everything that has happened and it sounds like you have already done this. Second thing I'd do is take enough money from the till to cover my unpaid earnings and walk straight out the door!
 
Meant to add....let them come after you for the money through the legal process and have your documented piece of paper with you.
 
Second thing I'd do is take enough money from the till to cover my unpaid earnings and walk straight out the door!

Crazy advice. What sort of mentality does it take to encourage a young, vulnerable person to put themselves at risk of a criminal conviction for theft?
 
She should report the company to ODERC and also seek help from one of the prominent trade unions. Mandate or SIPTU come to mind.
 
Tell your girlfriend to log all her grievances, and contact Free Legal Advice.

http://www.flac.ie


Does she have a contract of employment, and why can she not contact Stores Manager and complain, he has a stake in her, as this reflects badly on them , doing business with an organization like this.
 
She should report the company to ODERC and also seek help from one of the prominent trade unions. Mandate or SIPTU come to mind.

I'd agree: try Mandate or SIPTU. Unions get a lot of bad press - not least on this forum - but they'd be ideal to help deal with something like this.

They'll know all the relevant rights, legislation, agencies etc., and will help in resolving all the issues, not just for the individual concerned, but for all other effected employees.
 
Get her to make a written log of absolutely everything. Have her keep the notebook on her person, so she can make exact notes of times and dates and what was said to her by whom.

The actions they are taking could be construed as constructive dismissal. If needs be action can be taken following her departure to make sure that adequate compensation is made.

If she's part of a union then approaching them may help. Who is she actually employed by - the UK company of the Irish department store. Either way the Irish department store may have some interest in the way the concession is being run. A word with the HR department in the Irish store may help.

Above all though - keep a log - it will help with any course of action you have to take.
 
Also - she needs to look for another job asap. This job isn't worth the hassle! Plenty of department stores have opportunities at the moment.
 
Re: Help! Serious breaches of employment law!

This particular comment was made to the ex-manager... my girlfriend is a nice size 8, so at least no worries there!! Its her hair that they've directly and explicitly mentioned.

A waitress whose colleagues ridiculed her ginger hair has been awarded almost £18,000 in compensation this week in England.
 
Re: Help! Serious breaches of employment law!

Who is she actually employed by - the UK company of the Irish department store. Either way the Irish department store may have some interest in the way the concession is being run. A word with the HR department in the Irish store may help.

Good advice. Talking to a union is also a good idea. She should find out what, if any, union represents other employees in the store.

A waitress whose colleagues ridiculed her ginger hair has been awarded almost £18,000 in compensation this week in England.
That would have to be England as people in this country have red hair, not ginger.
 
My advice would be to tell her to get another job and pursue her lack of earnings afterwards. You said she's been in tears, been shouted at, been manipulated, been told to alter her appearance? I would tell her to walk out, it's not worth it. She has a legal entitlement to claim her money back after leaving.
 
She should tell her boss that she will call Joe Duffy (or someone like that) if they don't sort it out. There's nothing like the threat of bad publicity to get retailers thinking straight
 
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