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Legal question
Posted by: Sarah (---.vip.uk.com)
Date: April 24, 2003 08:29PM

Er, well, this hasn't a lot to do with literature, but I thought some of you clever people might know the answer to this.

I have a friend who lives in Hong Kong, and she has a friend who lives in London (whom I don't know) and who wants to go and see her. However, the company the girl in London works for has forbidden its employees to travel to Hong Kong on account of the SARS scare.

My friend in Hong Kong is wondering if this is legal, and so am I. Can anyone shed any light?



..........................................................................................

That which does not kill us makes us stranger.
(Llewelyn the dragon, Ozy and Millie)

Sarah

Re: Legal question
Posted by: poetscientistdrinker (---.cache.pol.co.uk)
Date: April 24, 2003 08:44PM

If I knew what was legal I wouldn't get arrested. It does seem a little bit silly to enforce that, (I mean - how will they know?), but it also seems a little bit silly to go there right at the moment, with the WHO recommending you don't and all...



PSD

==========

This is the work of an Italian narco-anarchic collective. Don't bother insulting them, they can't read English anyway.

Re: Legal question
Posted by: Anonymous User (---.dalect01.va.comcast.net)
Date: April 24, 2003 09:16PM

they can't prevent her from going, however they can prevent her from coming back to work. And more than likely they don't have to hold her job for her either. (not totally versed on employment law in the UK, but I know that's how it would work here!)

Re: Legal question
Posted by: poetscientistdrinker (---.cache.pol.co.uk)
Date: April 24, 2003 09:20PM

If they sacked her for merely going, then I'd think that she might have a case for unfair dismissal, but she'd have to look in her small-print in the contract. A VERY big microscope is advised - these lawyers are cunning, you know...



PSD

==========

This is the work of an Italian narco-anarchic collective. Don't bother insulting them, they can't read English anyway.

Re: Legal question
Posted by: Anonymous User (---.dalect01.va.comcast.net)
Date: April 24, 2003 09:23PM

here, you'd probably be required to take a mandatory leave of absence without pay or use your paid sick leave. They're starting to quarantine anyone coming back from that region now, which I understand.

I'd say don't go unless it's a matter of life and death. Wait until they have it under control or at least have an antibiotic/antiviral to save you if you get it. And besides, I think there's a civic duty to protect your fellow residents. I know *I'D* hate to be known as the Typhoid Mary of the SARS realm!

Re: Legal question
Posted by: Sarah (---.vip.uk.com)
Date: April 24, 2003 09:36PM

Well, that's what I would say too, and to be honest I don't think my friend's friend will want to go until she is quite sure it's safe. The question was legal, and is likely to apply if the firm doesn't lift its restriction immediately once Hong Kong is considered a healthy place to visit again. Apparently the WHO is already reconsidering its advice on visiting the area, since the threat seems to be dying down rapidly.

In other words, the legal question becomes relevant if there's a conflict between common sense and the firm's regulations, as it seems there may well be. It's a thorny one, I'll admit.



..........................................................................................

That which does not kill us makes us stranger.
(Llewelyn the dragon, Ozy and Millie)

Sarah

Re: Legal question
Posted by: poetscientistdrinker (---.cache.pol.co.uk)
Date: April 24, 2003 09:37PM

Sarah wrote:

> since the threat seems to be dying down rapidly.
>
> >

Sorry, sorry, but I couldn't help but smile...



Post Edited (04-24-03 23:02)

PSD

==========

This is the work of an Italian narco-anarchic collective. Don't bother insulting them, they can't read English anyway.

Re: Legal question
Posted by: Sarah (---.vip.uk.com)
Date: April 24, 2003 09:47PM

You have a really warped mind, you do.

H'mm, but you knew that...



..........................................................................................

That which does not kill us makes us stranger.
(Llewelyn the dragon, Ozy and Millie)

Sarah

Re: Legal question
Posted by: Magda (---.med.umich.edu)
Date: April 24, 2003 09:54PM

BTW,

I've noticed that when you qote someone, it puts in the text box both whatever they said and their signature tag. If you leave the tag there, it inserts your signature instead (since you are now the poster). And if you've also got the box to have you sig added onto the end, you get your signature twice (as was true above until PSD edited his post and fixed it).

So to keep it from happening, remove the quoted signature tag.



Post Edited (04-24-03 23:04)

--------------
"I've often said that the difference between British and American SF TV series is that the British ones have three-dimensional characters and cardboard spaceships, while the Americans do it the other way around."
--Ross Smith

Re: Legal question
Posted by: Sarah (---.vip.uk.com)
Date: April 24, 2003 10:02PM

Yes, that's it... after all, one can ole only so many cojones... ;-)



..........................................................................................

That which does not kill us makes us stranger.
(Llewelyn the dragon, Ozy and Millie)

Sarah

Re: Legal question
Posted by: Ooktavia (---.cache.pol.co.uk)
Date: April 25, 2003 12:06AM

I have another employment law question.

My freind is a secretary. Has been working at an office for 8 months, on a permanent basis, no contract has been signed. He gave her one talking too (about failing to manage the people below her to his satisfaction, he's a w*****). Three weeks later he fired her, payment in liue of notice.
She should, if I know the law, have had one more verbal plus a written warning before being fired, but I'm not sure.

Anyone know if she can sue?



My reality check has just bounced again.......

Re: Legal question
Posted by: Auntysassy (193.132.206.---)
Date: April 25, 2003 10:36AM

uh oh - a tricky area. I take it that this is occured in the UK? I certainly would not recommend working anywhere without a written contract of employment. By law the contract of employment need not be in writing - as long as it is understood by both the employee and employer but I would always opt for a written understanding - saves a lot of heartache at a later date.

I do know (from my days as a personnel manager) that discipline and greivance procedures can vary from company to company although the laws have been changing continously since I left that area 5 years ago (thank you EU!)

I'd suggest a visit to the dti website - www.dti.gov.uk/er and a hunt round under dismissal procedures. It may be that she should just put this down to experience and move on.

Re: Legal question
Posted by: Skiffle (---.cache.pol.co.uk)
Date: April 25, 2003 11:28PM

Your friend could also try the Citizen's Advice beauru (damn, can't find my Dic. or any of the other books from my bedroom). Also worth checking for free legal advice centres in her area.



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