Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #41
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    Jjn89 Novitiate



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    Quote Originally Posted by ericsbrother View Post
    firstly, beware of "dereliction of duty" rather than unauthorised absence bt lest look at the practicalities. They have tolf you not to work your notice so expect to be paid for that time. They may well have got the procedures wrong and you can chase them for that but why?

    At the moment you are between 2 positions, you are leaving of yoru own accord or you have been fired. If they apy you the 4 weeks pay and say nothing the you have left and they havent required you to work your notice- smiles all round. If they dont pay you then you have been dismissed with a load of complications that wont look good for either side regardless of the eventual outcome of any court or tribunal decision.

    Wanting to take a few days off whe you arent there is a bit of a moot point so forget about that and keep to the bit about whetehr you get the correct pay at the end of your employment or not.

    You need to ask the right question in a coherent way at the end of the month
    Thanks for getting back to me

    I handed my notice in and they sent me home on that same day. The first day I was to take off was three days after that. One week after being sent home they have sent me a message to say I am being dismissed and am only being paid until the date I gave my notice

    I have sent them a message to say I believe I am owed holiday pay and notice pay but they have not replied. I am due to be paid by end of next week so will know then what they are doing


  2. #42
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    Default Re: Been asked to leave but no advice on terms of departure

    Quote Originally Posted by Sangie595 View Post
    I suspect, but I can't guarantee, that the threats are bluster to try to get you to back off. I emphasise that I suspect this to be the case. I would, however, have to be totally honest - if they had played this better, they could have dismissed you, and it is not entirely impossible that they may not have a case to argue. But if they did, I'd expect the letter to be from a solicitor. If it were, I'd be slightly more concerned. Contrary to Ethel's assertion, I think that done well, they certainly could have dismissed, and for gross misconduct, based on your stated intention to fail to attend work having been told that you must. But that is by the by - they didn't. So that information is really good advice for the future - no employee has the right to tell an employer when they will take leave, only to ask, and your actions were very ill advised.

    So until or unless a solicitor is involved, I'd consider it just so much hot air. But, and this is a big but, please remember that you are slightly prejudiced and I suspect that there are more facts than in evidence here. It's pretty rare that someone quits just because their employer said no to a holiday request. So advice is based on what you tell us, not what you haven't! I think they've been stupid and left themselves vulnerable - and that may be the case. But without the full story we are limited to commenting on what someone chooses to tell us, and there's obviously more bad blood here than just them not paying the notice period etc. And it sounds like it is on both sides. Maybe for good reason, maybe not. But that isn't relevant to the law. It doesn't care if you love each other or hate each other. Being a bad employer isn't illegal. Or a bad employee. So just make sure that your actions are based on all the facts, not just the ones you like. That's probably the biggest mistake people make - thinking that their actions are the only reasonable ones, and nobody could think otherwise. Unfortunately, tribunals are littered with examples of that not being the case...
    Hi, thanks for getting back to me. Could you clarify the bold section above please? Do you mean that they could have fired me for stating my intentionto take time off but they would have had to follow correct procedures, but they haven't? In their message to me, they have stated it has been impossible to follow prescribed disciplinary procedures due to my unavailability and my email to them. They haven't asked me to attend a disciplinary meeting and looking online, I should have the opportunity to review their evidence of gross misconduct and be given an opportunity to appeal?

    I have tried to give an honest account of what has happened but that is obviously from my point of view. Are there any points I could elaborate on or any specific details that may help give a clearer idea of the facts?

    Thanks again


  3. #43
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    Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative



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    Default Re: Been asked to leave but no advice on terms of departure

    Yes, I mean that if they had followed a correct procedure then they'd have a stronger position. They would need to prove that yippy had refused too attend a that had been convened, and even then, they probably ought too have offered another date. And yes, an appeal and the right to be accompanied are both legal requirements in a disciplinary. But had they done so, a tribunal might take a very different view of the situation, because telling your employer to take a hike and you're taking time off anyway despite them refusing the leave is actually quite a seriously bad thing to do!

    In terms of your version of events, it's hard to know what I'm looking for if I don't know what it is. It's always easier when talking to someone face to face. And even then, the other side of the story may be something they don't know. It comes out in the wash, so to speak! But you asked for some leave. They said no. You said I'm taking it anyway and quit. That's a pretty extreme reaction to take, don't you think? Why did the refusal matter enough to leave, and why do you think they refused? This is a very confrontational attitude - both from you and from them. It isn't the way most people act. So it suggests something more than "just" what is on the surface. It's probably too late to matter now anyhow - the confrontation is in full swing and it looks like it will have to follow its course. But when tempers get to this stage, it is always more difficult to resolve easily. And that may not be possible now.


  4. #44
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    Default Re: Been asked to leave but no advice on terms of departure

    your response is as clear as fog, you havent said what your notice period is or anything alse about your contract that would determine what either side is obliged to do. You may well be owed holiday apy, you may well be owed payment in lieu of notice and if you ahve been dismissed you will be owed money for the contractual notice period unless they cna thin of a better reason for your dismissal than high dudgeon.


    Now further advice- dont email anoyon, you write on paper and post it. for one thing it gets taken more seriopusly and secondly there is a paper trail and they cant deny that in law where an email can bounce or disappear as spam and you cant prove otherwise. tell them what you expect, having read up on paid leave entitlement and dismissal on the .gov websites. You will ahve to get things right from now on regardless of what they do, they can afford lawyers or have insurance to cover their useless backsides and you dont.



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