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Steady
3rd June 2009, 11:51
Hi

I have just taken over a small business with 2 part time staff. One of the part time staff we have reduced her hours due to lack of work which has caused me more problems than I thought.
The lady in question is now produced a sick note, stress and depression and is now seeking legal advise stating I cannot change her hours and I should have given her 3 weeks notice.

Could any one tell me where I stand and what is my legal position?

Regards

Paul.

SpeakOutMedia
3rd June 2009, 12:03
Did this staff member sign any kind of contract with you? If so, what were the terms regarding her situation?

James.

Steady
3rd June 2009, 12:25
James

Thanks for reply. No contracts with the staff from previous owners, I literary have taken the business on but new contracts are being before this happened.

Paul

SpeakOutMedia
3rd June 2009, 12:32
Hi Paul,

Well in this case I can't see why she has any reason to complain. If no contact is in place to state that she has to be given any notice then my instincts tell me you're free to do what you wish as long as it's ethical and fair.

She might just be trying to sail the wind to get some kind of a pay-out to cover the money she has had cut. My advice would be to tell her she has every right to seek advice and try to proceed with something - this might make her not want to bother as she might only be saying it to get some kind of a reaction.

You'll have to honor her sick note, or at least I believe so - but don't worry about her threat of legal action.

I hope this situation works out well for you. Do let me know how it goes.

James.

Steady
3rd June 2009, 12:56
Hi James

That has put my mind at rest. I have managed staff for many years but never have I come across this sort of situation.

I will keep you posted with events.

Thanks again for the advise.

Regards

Paul.