Sample case studies relating to employment rights that we have dealt with at East Staffordshire CAB
Sample Case Studies are provided here for guidance purposes only. They should not be taken as the answer to your specific problem. We shall be including more case studies each month, if you do not see something that helps with your situation do not hesitate to obtain advice from your local CAB office.
Click on a question below to view the advice given.
My son is a student and has to do eight weeks work experience as part of his course. He has got a temporary job but has been told he won't be paid. Surely he is entitled to at least the minimum wage?
I work full time but I am having to take on increasing responsibility for the care of my elderly mother who is now disabled. I'm worried about how I can fit this in with work.
Q I work full time but I am having to take on increasing responsibility for the care of my elderly mother who is now disabled. I'm worried about how I can fit
this in with work.
A From 6 April, all employees who are carers of adult dependents will have the right to ask for flexible working and to have that request considered seriously by their employer.
So If you think more flexible working would help, talk to your boss as soon as possible to explore what options may be available. Flexible working describes a wide variety of working patterns, including compressed hours, flexitime, home working, job sharing, staggered hours and term-time working.
Under the new rules, a carer is defined as an employee who is, or expects to be, caring for an adult to whom they are married, or who is their partner or civil partner, or is a near relative (parent, parent-in-law, adult child, sibling, aunt, uncle or grandparent, or step-relative). It can also be someone unrelated but living at the same address.
There is a formal procedure to follow which starts with you providing your employer with a carefully thought out application in advance of when you would like the new work pattern to take effect. Your boss then has to follow a set procedure to ensure that your request is considered seriously and a discussion takes place. He or she may only refuse your request where there is a recognised business reason for doing so.
There are straightforward forms and letter templates available, along with guidance for both employees and employers, at www.direct.gov.uk and at www.acas.org.uk
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Q My son is a student and has to do eight weeks work experience as part of his course. He has got a temporary job but has been told he won't be paid. Surely he is entitled to at least the minimum wage?
A From October 1, students in further education who undertake work experience as part of their course have been added to the list of people who are not entitled to the national minimum wage.
However, from the same date, the rates for those who are entitled to the minimum wage went up - although at £4.60 the rate for young people aged 18-21 is still lower than that for older workers. For those aged 16 and 17 it is even lower at £3.40, including this year's 10p an hour increase.
The main adult rate paid to those aged 22 or over has increased to £5.52 an hour. To find out if you are eligible to claim the minimum wage, contact the National Minimum Wage Helpline on 0845 600 0678. You can also use the Tailored Interactive Guidance on Employment Rights (TIGER) website. If you think you are entitled to the national minimum wage but are not being paid it, contact NMW helpline or your local Citizens Advice Bureau. You can make a complaint in confidence, and the national minimum wage enforcement agency has powers to take action against your employer if they are not complying with the law on minimum rates of pay.
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