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t18con

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  1. The judge has kicked the case out on a time point, in it's entirety. My last day on site was 11th November, 2020. I have stated mental health issues and backed up with doctors notes and letter. Judge has said one trip to GP does not constitute an impairment in completing ET1, and if I was fit to start with new employer on 29th November, 2020, I was fit to complete ET1 from that date. So clock starts ticking 29th November. I completed ET1 in 11th February 2021, without realising change to procedure ( early conciliation requirement) until i sat down to complete form. The ET1 was returned approx 6 weeks later due to lack of EC certs, Early Conciliation was sought immediately and fresh ET1 accepted 4th April, 2021. 5 days late. I've argued the mental health point strongly at hearing, that Covid restrictions still in place in GP surgery, so had to phone reception at 830, explain reason for GP consultation. Wait by phone for ring back. Then have telephone consultation with GP. I've argued that having started in new employment, in factory floor environment, that it was impossible to have that sort of conversation with GP, that it's an extremely difficult conversation to have at best of times, never mind from work. He has argued if I wasn't taking sick leave, missing days, keeping in contact with GP, etc. then there'd can't be a major issue. Where do I go from here? Does the clock stop ticking while LRA are in contact with Respondent, or is that where the month comes in?
  2. They have and are arguing that the duty of care extends only to standard health and safety type , that they can check and control. Anything other than than goes to the "hirer". That's why they're trying to get the case against them kicked out.
  3. The judge asked was the "worker under contract" a fair representation. The initial contract stated 3 month+ as the time frame, it was supposed to be leading to a permanent position. This didn't happen during the 7 months I was there, but it was discussed regularly. When the judge asked was "worker under contract" a fair representation, she could see me stalling as I didn't want to sink myself. She said it wasn't a trick question, that, as a worker under contract, i still had protection in Law, so I agreed it was a fair representation.
  4. I'll not go through all the unnecessary details again, short version is I was working through an agency in a maintenance position on a "worker with contract" type contract. Had been there 7 months. I have 4 named Respondents, including both the agency and the "hirer", the factory I was employed in. The Respondents have been given a Preliminary Hearing, where time barring issues are being discussed. The factory where I worked are looking the Victimisation aspect of the case kicked out. The Agency are looking the entire case against them kicked out, as there was no one from agency involved in the incidents. On the morning where I was given the results of my grievance hearing, my line manager stated he was giving an assurance "it wouldn't happen again", he asked was I happy with that outcome? I looked out of office, pointed out a young female worker, and asked why the case hadn't been handled in the same way as, say, she had made an identical complaint. He laughed at me and said "but you're not a 25 year old female". I told him I believed he'd made a discriminatory remark and was bringing the meeting to an end. I left work, stating my head wasn't in the right place to be in work. At 1100 that morning I received an email from the agency offering support At 1137 I notified both parties of my intention to bring the complaint outside, to Tribunal The next email from the agency notified me I didn't have the right to grievance or appeal. I had the right to informal complaint, but not to grievance. They included a copy of the Terms of Assignment The Terms of Assignment were indeed the terms I received at commencement of employment. On 12 weeks of Employment I had received a pay rise, when I queried why I had received this I was told in writing that it was to comply with Agency Worker Regulations. Also in Discovery I have received an email exchange between the Agency and the "Hirer", where the Agency were fighting strongly to receive details of a comparator contract and pay rate. They even state the ToA are no longer applicable due to AWR Am I quoting the AWR as the relevant legislation which should allow the complaint against the Agency to stand, or is there other Legislation I should be quoting from? Just as a quick side question, the Hirer is seeking the Victimisation aspect to by kicked out. It's fairly obvious there is a Victimisation aspect, they have even stated in the ET3 that my assignment was cancelled on the day I left work "due to my head not being right". I also stated I was effectively constructively dismissed as "it won't happen again" isn't really an acceptable position to be left in after a sexual assault type scenario. I have also been stopped while out shopping with partner and verbally abused for bringing complaint by a former colleague. The hirer acknowledged this incident but said the person's views didn't represent those of the Hirer. So what does the Hirer hope to achieve in losing the Victimisation aspect, is it just less money to pay out, or am I missing something. The only other advantage is that it effectively shortens my 3 month deadline in that the "clock"starts ticking a few weeks sooner. Anything else? Many thanks in advance
  5. Very quick summary, sexual assault in the workplace, employed through an agency , so have paperwork submitted against BOTH the agency and the workplace. The actions are at the "further information and discovery" stage. The agency had sent a request for further information a long time ago, requesting specifics on the discrimination, harassment. victimisation, etc. I listed them basically as I had done to the workplace. Come discovery stage, and the agency asked exactly the same questions again. I queried why the had put exactly the same questions forward when I had already answered them. They stated I had detailed the discrimination, harassment, victimisation against me by the WORKPLACE, but had yet to list one bit of discrimination, harassment, victimisation done by them or anyone employed by them. I can list that they failed to investigate, but other than that, i don't have much. Does the discrimination, etc. have do be done BY THEM, or their employees for them to be liable? Or is it suffice that they placed me in a workplace where I was discriminated against, harassed, victimised ? I know they have a duty of care, but the judge was very quick to point out that "duty of care" type complaints belong in the High Court, not the Tribunal, so I'm reluctant to go down that route again. Has anyone any pointers? Or what direction should I be going with my answers? Many thanks in advance!
  6. So what are the 4 instances when Early Conciliation is NOT required? I've got 3 When the other side have contacted ACAS/LRA first When someone else has similar complaint and already contacted ACAS When you are looking money up front because you are in financial peril That case law was a good read, by the way
  7. Before I begin, I should say this is Northern Ireland based, I know the rules are slightly different. I lodged paperwork with Tribunal in February, not realising the rules had changed since I last had dealings with them. I realised part way through the online form that I should have sought Early Conciliation BEFORE beginning the process. I had left it to the 3 month threshold before sitting down to do the paperwork, so completed the form, without the required early conciliation code required. The paperwork was returned, due to the lack of early conciliation number , and re-submitted WITH the number in April, by now outside the 3 month window. The paperwork was accepted, albeit late. The judge has stated, at a Webex today, that he will accept the earlier date, within the 3 month deadline, if I can argue that he was wrong to dismiss the first batch of paperwork. He has pointed me towards Industrial Tribunals (96) Article 20 and 20A, and given me a fortnight to come up with an arguement. He has said, as far as he is aware, there are 4 possible reasons, in law, why he would have been wrong in declining my ET1/IT1 without the early conciliation number. Can anyone help?
  8. I started through an agency 6 months ago, paying PAYE, etc. Payslips as you would expect, paying tax as you would expect, pension as you would expect. Had a sexual harassment issue in work, inappropriate touching, raised it with HR, was told to pursue as a grievance. Raised grievance, when told result of grievance I asked why their approach was different for a man complaining of inappropriate touching compared to a woman making same complaint. Got laughed at. Walked out. Agency sent me small print stating I'm self employed and have no rights whatsoever. Apart from police action, what are my options? Have already told them I'm going to employment tribunal, and lodged initial paperwork.
  9. To be honest, I haven't got a thing in writing since court date. Judge again submissions in by 1st October, but nothing else was said. Thanks for reply guys.
  10. A fortnight ago, I was at Industrial Tribunal for a few days. It ended with the judge giving both parties until last Friday to submit their final submissions. I sent mine in late on the Thursday night, believing that was the end of the matter. At 1655 on the Friday, I got an email from the Respondents with their submissions, and reminding me I hadn't supplied mine. I replied that I had submitted mine to the judge much earlier in the day. They stated I should have forwarded a copy to them. I still have not sent them a copy, waiting for confirmation on Monday, from either Labour relations or the Tribunal office themselves, that I am required to give the Respondents a copy as well. I can't see how they require a copy at this stage, and believe they are bluffing. Can anyone confirm correct procedure. I should say, I represented myself.
  11. I booked a holiday, by phone, through a well known website, and was directed to a secondary site. On trying to book, they said the flights were with Ryanair and they needed to check the flights were still going. They came back and said the flights were indeed still going, but were £20 dearer per person. At the time, this wasn't a major deal. Coming out of work the next day, I found I had missed a dozen calls from the 'travel agent'. When they did get me, they said there was another flight leaving 12 hours earlier, adding half a day to our holiday, for no extra charge. I said I would need to check, as leaving first thing in the morning would involve an extra day off work for both myself and my wife. While we were trying to phone our respective works, the agent was again phoning seeking a decision. We both agreed to catch the earlier flight. When the booking arrived, it turned out the earlier flight was a connecting flight, and we would end up sitting in Liverpool airport for several hours, and not arrive in Majorca substantially earlier. On trying to contact the 'travel agent',we keep getting robbed off with 'a manager will be in touch'. Needless to say they never do. I've contacted the travel agents association TTA but they seem toothless. It's 10 days til we go, what options are open? Company is 123Travel/Travelate
  12. so, they start on 1st June, so in that period (6th December to 1st June) I should have had 13.6 days pay? and then after that I switch to the 28 days per year? So, I got paid 6 holidays holiday in that period, rather than the 14 days I should have... are they right in carrying those 8 days into next year and giving them as floaters then? I assume not but awaiting confirmation.
  13. i started in a company at the beginning of December 2015. They have 33 days annual holiday (after a qualifying period). Their year runs from 1 June each year. So, when I asked about holiday pay at Christmas 2015, I was told I wasn't there long enough to qualify for holiday pay (I had been there three weeks). I knew this was "strange" but didn't want to rock the boat in a new job. On the first day back in the new year, everyone got their floating holiday entitlement, I queried my entitlement, and was told to ask again in June. Again I asked at Easter, and was told I had accrued 4.1 days, so MIGHT get 5 days pay, but it would mean I wouldn't get May day. At Mat day, I DID get paid. In June I queried my floating holiday entitlement without an answer. I asked for time off in July on top of our "shutdown" period, I got 3 days off, got paid for the formal shutdown but not the extra 3 days, as I hadn't accrued enough days. Thus in the space of my first year, I will have received payment for 16 days holidays. When I queried why I wasn't getting 28 days holidays, they said it wasn't the system they worked. and if I got 28 days holiday, I would be in the same position at Christmas, where I wouldn't have any holidays accrued for my Christmas holiday. Am I right in that from 6th December to 6th December I should have received 28 days paid holidays? Or are they accurate in saying they can carry the holidays i'm owed into Christmas I just want to be 100% certain before putting a complaint in writing.
  14. apologies if this is long-winded. Basically I have a hunch my vehicle has clocked mileage, there are some tell-tale signs like the wear on steering wheel. the vehicle came from Southern Ireland, so would possibly have had KM clocks, but now has mileage clocks and is in the UK, the UK MOT certificates show corresponding mileage to what the vehicle now has. I don't know if the vehicle came to the UK privately, or with a dealer of some form importing the vehicle/first MOTing vehicle. the vehicle was written off in the UK and I bought as a damaged repairable from a salvage site, which did have a disclaimer relating to mileage, the owner at that time would probably have been the insurance company. I have driven the vehicle for 18 months, and obviously spent money fixing the vehicle, so do NOT want a full refund or anything. Is it worth checking the vehicles computer for mileage history, etc. I haven't bothered to date, as I didn't think I had any course for claiming. Many thanks.
  15. Just a quick question, probably a simple answer. I get paid a yearly bonus, this year it was close to £3000, but I've only ended up with £1800 home. My pay is in the region of 30k. Why am I taxed so heavily? I know I'll get taxed on all of the bonus, but it seems way more than the 20% tax rate. Is it because the system is assuming I'll get paid at that rate for the remainder of the tax year, and I'll get some back next month? or what's going on??
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