the meaning of any action in serious breach of legislative requirements which may affect our business its listed as possible gross misconduct in wifes contract thanks
Try contacting ACAS at http://www.acas.org.uk/index.aspx?articleid=1461 they should tell you what it means and also if it's legal.
If she breaks the law then the employer can get rid of her under gross misconduct. So if she is facing a prison sentence, or possibly a driving ban if she drives for a living.... Also if she does something that stops the company meeting any legislation that applies to them (misreporting accounts, etc). Its a catch-all if she is naughty basically.
its section 69 of the army act 1955, conduct prejudicial to the good order of military discipline................ hand over ar5e covers everything
What type of company? But as an example, I worked in the financial services industry, so that would be any action I'd taken that was in breach of the FSA legislation (for example on money laundering) I could be fired.
post office. been taken over by new asian owners and tried getting her to sign a new contract. which also states that her previous 10 years are now no longer counted and her continuous employment starts when they took over that shes on a 12 month probation period. both above are wrong as she has had no break in her employment and she as well all other staff were kept on current wage etc. change of ownership doesn't affect continuous employment the contract is quite funny really been written with a total disregard to any actual employment laws. The legislative thing isn't a problem just i didn't know what it meant
I would say in a nutshell they want her out. "Family business" See some proper advice. Drop chef tyke a pm.
Her union should be able to tell her and advise her on her legal rights, should always be the first port of call in any dodgy situation.
Have a look at the TUPE laws which are designed to protect employees when a business is taken over. They can't change contracts willy nilly unless the employees agree to the changes, although in practice they make life so difficult and can "bully" the staff into accepting. Like DT says, send a PM to Chef Tyke or contact ACAS. Google TUPE, ACAS and go from there.
Not very well drafted. In Serious breach? Eh? It is either a breach or it isn't surely? Legislative requirements???? I assume it means statute I think it means that if the employee breaches any legislation [seriously] which affects the business it could be classed as gross misconduct However, she is still protected by the Employment Rights Act and the concept of reasonableness within s98 of that Act after she has been employed by the company for 104 weeks. I.e. the company could still be found to have unfairly dismissed her even if she did [seriously] breach legislation which affected their business, if an Employment Tribunal found that their decision to dismiss fell outside the band of reasonable responses. My view would be that it would have to be a fairly serious breach AND cause damage to the business to be classed as gross misconduct. However, there's not much she can do at this stage - I would be stunned if the Company removed the clause from the contract. Hope this helps. Send me a PM if you need some help on TUPE.
