lbruk
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This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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Constructive dismissal? - ** SETTLED **
lbruk replied to dj1971's topic in Employment and minimum wage problems
They will always challenge you on everything - what you need to do is just explain to the judge and they will make up their own mind - dont worry about acas, just leave them alone, think mine went dark for like 3 months, i just got on with writing my statement, preparing witnesses and being awkward with the respondents solicitors by asking for clarification on every point You'll also get the threatening letter about costs, about counter suing - ignore them too! -
Constructive dismissal? - ** SETTLED **
lbruk replied to dj1971's topic in Employment and minimum wage problems
They do keep working, the respondent will try to settle again later on - mine got to about a week before and 5 times what they originally offered. Its not unusual for witnesses to back out or to do what they have done. remember if you go to the hearing, then you will have a chance to cross-examine them. -
The friend isnt going to be dismissed, amazingly enough, as i know how the company works and their letter templates. Thanks for your words of wisdom as always! Unfortunately some people just dont think about what they are doing!
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ok, thanks for that becky
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Hi all, someone i know has asked me for advice and i'm not 100% sure where i stand so thought i'd see what you think. This friend has worked for company A for 8 years, good service overall. They sell as part of their range "bananas" but these "bananas" now are kind of out of fashion and no longer contribute a significant amount to the business, in fact they dont even put employees there to sell these "bananas" recently this friend decided to set up his own "banana" shop online, and was doing reasonably well. However company A have found out and accused him of stealing their stock of "bananas" until they provided the employer with invoices to prove their stock was not stolen. Now they have come down with the fact that there is a conflict of interest and are issuing disciplinary proceedings against the employee. Now i was wondering, as there is a conflict of interest, what advice there could be. Also i might point out that in their contract there is a clause that states that they cannot work outside of this employment without their managers permission. Which then strikes me as odd why they have not just disciplined them for breech of contract rather than this conflict of interest. Anything from anyone? I'm not looking for basic advice here! As i know the basics surrounding their employment, more advice on whether they can demand the invoices, whether this is a conflict of interest, if so - what can be defended and what cannot, and any reasons they havent gone down the breech of contract route? thanks
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am i being discriminated
lbruk replied to kellyh5291's topic in Employment and minimum wage problems
discrimination needs to be of a protected characteristic, ie disability, sex, sexual orientation, etc etc. So you need to compare yourself against someone else that gets better treatment than you. -
Need urgent appeal advice - ** WON **
lbruk replied to wiggles40's topic in Employment and minimum wage problems
Dear sir/madam, i refer to the recent dismissal of xxxx. this letter is to appeal against that decision on the following grounds: - i feel that the decision that was made was not a fair decision based on precedent. - plus any other things you want to put in - the shorter the better just explaining the key points of appeal. -
Constructive dismissal? - ** SETTLED **
lbruk replied to dj1971's topic in Employment and minimum wage problems
You can bring up any new things you want in a CMD, its up to the Judge if they accept them, for instance, i neglected to mention in my ET1 a claim of harassment, the judge accepted that there was enough evidence that this could be decided in the main hearing. So have a think of what PCP applies to you, but to be honest you don't have to prove anything until the main hearing, the CMD is purely what you are claiming, and where it fits in the law. Nothing else. Everything else should be decided at the PHR or the Main Hearing. You don't have to compare yourself to someone else, there is no comparators in Disability Discrimination. -
Constructive dismissal? - ** SETTLED **
lbruk replied to dj1971's topic in Employment and minimum wage problems
i think that you just need to link that you were harassed BECAUSE of your disability if you can. Having a go at someone whilst they have a known disability can easily be construed as harassment. So i would take a couple of events that happened after they knew of your disability, and take what they said, the way they said it and how you felt after they had said it to you. If you were distressed and upset after these events, then you were harassed. -
Yes, its unusual, but there is nothing wrong with it.
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Can a COT3 prevent a future county court case?
lbruk replied to Frederca's topic in Employment and minimum wage problems
yes it can, unless you specifically have it written into the cot3 that you are allowed to take further action. -
was there a question that you needed answering?
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Constructive dismissal? - ** SETTLED **
lbruk replied to dj1971's topic in Employment and minimum wage problems
well harassment is defined as unwanted or unwelcome comments/actions that degrade the recipient, so any action that your manager shouted at you, said nasty things to you or said things to others about you is classed as harassment.
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