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. #21
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    Default Re: Employer Cancelled Flexible Working Contract & Now Disciplinary

    Quote Originally Posted by gleno View Post
    I really appreciate this advice and I am looking into available help recently. The issue is that the cost of such service such as childcare and carers outweighs middle class income. I am therefore looking into Citizen Advice and social services.
    I have seen a solicitor yesterday with all paperwork and they have advised that I have a very strong case of resigning and claiming constructive dismissal or if I get sacked then for unfair dismissal. The issue around AWOL and previous issues shows that employers are retaliating as I am questioning them by writing to them. However, the solicitor needed barrister advice to ascertain chances of winning and that would be at a heavy cost.
    I am so stressed with all this that I am struggling to cope with day to day life tasks.
    No, no, no! Any solicitor who knows what they are doing would never advise resigning and claiming constructive dismissal. The advice is always to wait to get dismissed. That improves your chances of winning a case. If that is what they said to you, they are rubbish.

    And don't mention this to the union or they will drop you. You can't have multiple legal advisors.

    Go back to the union. Ask them what to do.


  2. #22
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    Default Re: Employer Cancelled Flexible Working Contract & Now Disciplinary

    Ps. Any solicitor who needs barrister advice just to assess a case isn't worth having! I can assess a case and frequently do. I can represent members and frequently do. A barrister is only required for complex cases - any seldom at the initial stages.


  3. #23
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    Quote Originally Posted by Sangie595 View Post
    No, no, no! Any solicitor who knows what they are doing would never advise resigning and claiming constructive dismissal. The advice is always to wait to get dismissed. That improves your chances of winning a case. If that is what they said to you, they are rubbish.

    And don't mention this to the union or they will drop you. You can't have multiple legal advisors.

    Go back to the union. Ask them what to do.
    The union advised that I send in all the evidence for them to access. They will do vetting to ascertain if I have any real prospects for case and if yes they will send me to partners solicitor firm


  4. #24
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    Default Re: Employer Cancelled Flexible Working Contract & Now Disciplinary

    Quote Originally Posted by Sangie595 View Post
    And don't mention this to the union or they will drop you. You can't have multiple legal advisors.

    Go back to the union. Ask them what to do.
    Most unions will have access to lawyers that specialise in employment matters. Mine even provides a phone line that I can call for free legal advice.

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  5. #25
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    Default Re: Employer Cancelled Flexible Working Contract & Now Disciplinary

    Quote Originally Posted by gleno View Post
    The union advised that I send in all the evidence for them to access. They will do vetting to ascertain if I have any real prospects for case and if yes they will send me to partners solicitor firm
    Agree with Sangie, that it is probably best to let the Unions legal side look at this. I only advised seeking another opinion, as you appeared uncertain whether to trust the Union.

    Depending on the Union and their relationship with the employers perhaps they can resolve this with senior management and avoid it needing to go legal. They might be able to point to agreements in place about flexible working and managers not trying to enforce working hours employees cannot work, because of caring commitments etc. An outside employment Solicitor might not be made aware of all existing agreements/policies in place and therefore not be able offer best assistance.


  6. #26
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    Quote Originally Posted by unclebulgaria67 View Post
    Agree with Sangie, that it is probably best to let the Unions legal side look at this. I only advised seeking another opinion, as you appeared uncertain whether to trust the Union.

    Depending on the Union and their relationship with the employers perhaps they can resolve this with senior management and avoid it needing to go legal. They might be able to point to agreements in place about flexible working and managers not trying to enforce working hours employees cannot work, because of caring commitments etc. An outside employment Solicitor might not be made aware of all existing agreements/policies in place and therefore not be able offer best assistance.
    I agree and I took advice from external solicitor just to be certain that I am in the right. Due to all this stress my mind has gone blank to a level that I am even struggling to concentrate on basic things.


  7. #27
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    Quote Originally Posted by gleno View Post
    I agree and I took advice from external solicitor just to be certain that I am in the right. Due to all this stress my mind has gone blank to a level that I am even struggling to concentrate on basic things.
    But unfortunately that is what you aren't supposed to do. So please don't mention it. I appreciate why you have done it, but the fact is that there will always be different views and opinions. Sometimes some very much worse than others! But people need to understand that if, for example, a solicitor gives got some specific advice and you act on it, then go back to the union and expect them to bail you out when it goes wrong - well it was your decision, wasn't it? I don't mean that to mean the OP "you", but the general "you" for anyone reading this. You wouldn't expect to have two solicitors. Well the same thing applies. Your union is your "solicitor" and you follow them, or you go elsewhere, but you can't have it both ways.


  8. #28
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    Quote Originally Posted by Sangie595 View Post
    But unfortunately that is what you aren't supposed to do. So please don't mention it. I appreciate why you have done it, but the fact is that there will always be different views and opinions. Sometimes some very much worse than others! But people need to understand that if, for example, a solicitor gives got some specific advice and you act on it, then go back to the union and expect them to bail you out when it goes wrong - well it was your decision, wasn't it? I don't mean that to mean the OP "you", but the general "you" for anyone reading this. You wouldn't expect to have two solicitors. Well the same thing applies. Your union is your "solicitor" and you follow them, or you go elsewhere, but you can't have it both ways.
    I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they donít really care


  9. #29
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    Default Re: Employer Cancelled Flexible Working Contract & Now Disciplinary

    Quote Originally Posted by gleno View Post
    I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they don’t really care

    If you believe your situation is slavery, I have some books for you to read.

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  10. #30
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    Quote Originally Posted by gleno View Post
    I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they donít really care
    It would be interesting to know which sector you work in.

    From what I hear and see, there are too many people in senior positions trying to protect their large salaries, by squeezing those workers who are delivering the service to customers. To make the numbers add up, they are looking to reduce costs and if they can increase hours/days of working, then they will try to do that.

    There are care workers near Bath protesting at the moment, because the company they work for are trying to remove paid half hour breaks. These workers are doing long hours often on minimum wage and helping people who are vulnerable with a lot of care required. I spoke to someone recently who worked for another care provider, who looked after 5 children with different levels of autism and he had started work on one day at 9am and did not complete his shift until 4pm the following day. He said that he sometimes managed to get 5 hours sleep overnight, but if the children did not sleep or needed care overnight, he would be working 31 hours without many breaks.

    So yes I can see why some feel it is a bit like slavery.


  11. #31
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    Quote Originally Posted by gleno View Post
    I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they donít really care
    Setting aside the debate on slavery, that is where you are wrong. Very few employers set out to break the law, or don't care about it. But most employees believe the law gives them vastly more entitlements than it does. That is why things go wrong so often. People "stand on" rights they don't have. If people want to fight for something, then that's fantastic. It's what many of the rights we have are based on - people who fought for something that didn't exist. But they need to do so with their eyes open. Demanding a right that doesn't exist doesn't get the outcome you expect. For example, read any of these kinds of boards and you'll routinely read "i'm protected under the Equality Act". That is meaningless twaddle. But people believe it and believe that their employer must do things, or can't touch them, just because they are "protected".



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