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possibly sacked for not buying new shoes for work

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filthiestfis | 11:10 Mon 10th Aug 2009 | Law
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My girlfriend's boss has threatened to sack her if she does not buy new shoes. She works in a low paid well known chain of fast food restaurant and uses trainers to work on the floor.
Her boss has told her several times to get new ones and she has told him that she cannot afford them so the employer should cough up if they are so insistent.
There is nothing in the contract to say that a certain type of shoe is a necessity to work there so I dont see where the employer would stand if they went ahead and dismissed her.
But...if they do sack her, what proceedings could she undertake against them?
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Unless there is a dress code in her staff handbook that forbids trainers and as long as they are clean and the laces are not frayed and a trip hazard then the employer cannot make any comment. i assume her uniform, being a fast food restaurant, is a t shirt and casual trousers? If it is formal black trousers white shirt unifrorm then black shoes would be smarter.

is it just that the trainers are well worn and a bit scruffy? there is no excuse for not being able to afford a pair of trainers they are �5 in primark
If she has been there less than 12 months she cannot clain unfair dismissal in this case.
Surely she can find some second hand ones or she has some at home she could wear.
I don't think it's necessary for contracts to cover every detail- what colour laces, amount of make up etc., but the employer can have standards in handbooks etc
Sounds to me a sif we have got two individuals here who are not going to get on together.
If she has been there less than 12 months they can get rid of her for any reason at all.
There may not be anything stating a dress code but as she is seen by the public her Employer would expect her to look tidy.

maybe to save losing her job she can look at getting some shoes from the likes of tesco, matalan, shoezone etc where they may cost about �5, or you could help her out?
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I see what you mean. She has been working there for under a year but I dont understand why the law does not support workers who have been employed for less than 12 months. Surely this is wrong. Say your boss is making lewd comments at you or racist or whatever and you complain about it and they sack you within the first 12 months. Are you telling me that you cannot undertake legal proceedings against them because you have been working for them for less than a year?
there are times when unfair dismissal can be claimed when employed less than 12 months, racism is one.

BUT youre talking about a pair of shoes here, not racism.
There are very few grounds for unfair dismissal claim if you've worked there less than 12 months. Dismissal on grounds of race or sex could give rise to a claim. Sacking someone for being stubborn about shoes is not the same as sacking someone on grounds of race.
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the firm I work for (for the next 10 days anyway!) willl not sack anyone for such reasons, they do one to one conversations that are written down with a sugned undertaking from the employee to meet the standard required.
I think the manager in this case has not been professional and clear in their message and they should have made it more formal to make sure your GF ws clear on what was being asked of her. If she had been there over a year, and then this was an issue, her company could be taken to a ET because they failed to record the conversations.
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Not pizza hut my darling.
Hi redcrx, this time you beat me to it. Great minds think alike (... or is it fools seldom differ?)
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Got to admit with the majority on here.

I think her boss has been quite leniant with her to be honest. Most would tell you once and the second time you'd be out the door clutching your P45.

Is it worth losing a job or at the very least naffing off the boss? If she can't afford a pair of shoes (seriously...a fiver???) buy her some as a present to make her work bearable!
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we have to wear black shoes, not sandals. However we can wear trainers as long as they are totally black, with black laces etc.

I have to admit though, that I myself have broken the footwear rule thingy lately. I asked a few weeks ago if we could wear black Crocs, to be told no...well.....i've taken to wearing them on the days I know my boss isn't in.

(I'm a rebel)
Just looking at it from a H&S point of view, I work in a kitchen and have my shoes supplied along with the rest of my uniform. I know from experience once I have finished for the day and the kitchen is closed down if I walk in with my trainers on and the floor is slightly wet it is like walking on ice and it is extremely dangerous!! If she is in and out of the kitchen and something has been spilt and not cleaned up she is risking serious harm and injury, not only to herself but her collegues too.

Just for her own safety she should get a pair of work shoes and not trainers.
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NMW is �5.73 for 22+
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Come on dot...........you can get her a pair for next to nothing..............

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