Employment Law-Tribunal

[67kazzie]

Hi, i have been working for a charity / community development trust for over 4 years now, i started working there in December 2005 as a part time administrator / receptionist.. The organisation is supposed to be a membership-based, not-for-profit organisation which aims to regenerate both the social and economic aspects of the local area to increase the wealth and quality of life for local people. Striving to overcome the area's reputation for high unemployment rates and crime, the Trust is suppose to provide support to over 700 local members takeing the form of careers advice, work placements, mentoring, IT training courses, taliored to suit the individual's needs.

What we really do is hire out meeting and conference space to the the public, provide rented office space and units to other organisations and businesses. We also provide a beginners, none accredited ICT course-which is funded by the goverenment to pay for 6 members of staff but is staffed by only 1 person and 2 volunteers.
The organisation has not seen an AGM since Dec 2005, we have no employment contracts no policies and proceedures in place, This concerens me as i have asked for additional hours but they refused so i had to find extra hours else where.
I previously enrolled on a college course to further my self development but i had to drop it because the chair person wouldnt give me the day release to attend college.
...And Just recently and without any explanation, the chair person took away the use of the internet on reception... I feel bullied by all this and have since had a couple of months off work with work related stress, i am now on anti depressants....how can an organisation of such status treat their staff in this way? More importantly, can i take them to a tribunal for this?

[CheekyChops]

A tribunal for what exactly?

I'm not what you mean by 'how can an organisation of such status treat their staff in this way'. Lots of employers don't allow staff to use the internet, not many will allow day release so that you can go to College (if you only work part-time why can't you go to College when you are not at work?) and they are under no obligation to give you extra hours.

I would start looking for another job if I were you as you obviously aren't happy in this one.

[carrot99]

You should have a contract, other than that I don't see what your problem is, as Cheeky says use of the internet and day release are perks not entitlements. Although you should have access to email as that is actually a money-saver for an office.

Go easy with the time off with stress or it won't be so easy to get a good reference when you do find the right job.

[Prudie]

To add to that I would say that use of the internet is often not even considered a perk. At work I am only supposed to use it if directly connected to my role and IT constantly remind us that its use is monitored. Certain sites are even blocked (FB, ebay, friendsreunited etc)

Lets face it we could all hide behind a desk and browse all day if we could,

[boxtops]

If you are working for a registered Charity then I believe the Charity Commission requires them to have an AGM. I believe also that it is not legal for you not to have a contract of employment, you are a paid employee not a volunteer. I am sure others with professional expertise will answer you better, but in the meantime I can direct you to the ACAS website http://www.acas.org.u....aspx?articleid=1342, have a look at this, you can get free advice here.

[factor-fiction]

You will have a contract- even if it's not written down, but you should have been given a statement showing the main details.
None of the things you mention are grounds for a tribunal case it seems to me. There is no obligation on the employer to give you extra hours, give time off for day release and to not restrict internet access.
As CheekyChops says , it's time to find another job. Hopefully you won't find you are one of those people who find a reason for any job to be too stressful.
Good luck

[buildersmate]

You can't use an Employment Tribunal to force an employer to increase your hours, allow you to attend a day release course, or allow you access to the internet. All of things are management decisions and it isn't the function of an ET to adjudicate on such matters.
You could resign and try claiming constructive dismissal at an ET but, based on the evidence, it is by no means clear that you would win.

[themas]

Others have answered your query about tribunals, & ACAS should be able to confirm to you whether the lack of a written contract gives you a right to go to tribunal.

It seems to me that your other main concern is that the employer is not carrying out what its objectives say it should be doing, & that it is possibly defrauding Government by getting funds for 6 workers but only using 1 paid person to run the courses. Whether you do anything about these issues is a matter for your conscience. If you do you will be considered by your employer to be a whistleblower & it could adversely impact on your ability to get another job. [This clearly should not be the case, but unfortunately it seems it quite often is.] It might be best to get another job before doing anything, but if your employer is a charity you could probably find out from the Charity Commission (maybe their website?) what their requirements are.

[Greedyfly]

As suggested before I would try ACAS but from a lot of experience with them over the last year be prepared for a lot of repeating yourself and conflicting info back. As also said before an Employment Tribunal won't accpet your case.

[Twenty20]

I'm not sure where you think 'bullying' comes into this? Nothing you've said here constitutes bullying.

So, because they wont let you do more hours or take time off work for a college course (the two requests seem a bit contradictory to me) and have stopped you using the internet during office hours, you feel stressed and have gone off sick? Personally, I'd say that you're lucky to still be on the payroll after being off 'sick' for several months.

In any case, the first step would be to raise a grievance with your employer. An employment tribunal comes later, if necessary. I can't see either succeeding given what you've said here.