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jackiebuchanan1

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Posts posted by jackiebuchanan1

  1. Yes the amended ts was signed and authorised, under duress.

     

    I gave my agency a statement of hours worked and not paid for. I wrote a 2000 word letter to the principal giving him all the details and thats it. I have an email from my kine manager saying that the timesheets weren't filled in properly but is it enough. College HR are like the Gestapo

  2. Hi Andy

     

    the sitaution is that I was an agency temp. I was given a timetable but had to work extra hours. I claimed the extra hours and was told that I would not be paid for them so I should revise my time sheet. I did, under duress. Then I worked some hours at home and put in a time sheet for them. This was ignored until I went to court. Now they have agreed to the hours I put in for but I want all the hours I have worked. Especially now I have had to go to court. I think they will threaten certain members of staff to say that I didn't work the hours I am claiming and Idon't know if an affidavit will do the trick or not.

  3. Thanks Andy

    my contract as an agency worker says that the agency will not pay if there are no authorised time sheets but will carry out a timely investigation into it. They think they have done this. They have reached an agreement with the college to pay me £85 in lieu of the £372 I claimed.

    I still don't know how to prove to the court that I worked the hours i say I worked but I will not agree to that pittance.

  4. Thanks for your reply. The first time sheet was returned to me so that I could amend it on the grounds that the college wouldn't pay me for work I had done that wasn't on the timetable. I had to submit an amended time sheet or go without. The second timesheet was sent by email and they never respond to it.

  5. Thanks for your reply. I thought this might be the case. I am a teacher and I worked for an agency (the defendant) and a college (the second defendant) The second defendant did not allow me hours for work done and did not complete my final timesheet so I couldn't get paid. The agency did ask for timesheets but the college neglected to respond.

    The college has filed a part admission, which I haven't seen but I guess the amount to be a lot less than I am due. The agency defence is that they cannot pay me because they did not have authorised timesheets.

     

    I wrote to the principal before I went to court and he passed it on to his HR Director and she passed it on to the person who wouldn't pay me in the first place and they said they were investigating it.

     

    How can I prove that I actually worked those hours? I am worried that I will not get the pay I am entitled to. Any suggestions there? Thanks again.

    You won't be able to strike out a defence merely because it was late.

    If the defence was late, you should have moved quickly at the expiry of the time for filing and entered a judgment then.

     

    Now that the defence has been filed, you will have to accept it and continue with the process.

    Only if the defence is clear that it does not answer the cliam at all, might you be able to ask for a summary judgment.

  6. I am the claimant. I issued a claim and the defendant did not acknowledge service or send a defence within the time limits. I was going to ask for judgement in default but I had some problems at home and had to sort them out first. Now the defendant has sent in a defence; it is some three weeks late. Am I too late to request judgement in default now?

     

    Thank you

     

    I think you might need to be in Legal Issues.. I will move your thread - however you will need to let us know what type of help you need :)

     

    Ok, you are now in legal issues

     

    Have you been issued with a claim ?

     

    Or are you issuing a claim against someone ?

  7. That is a really sad story. My son has just started uni in York, we live in London, and if a thing like this had happened my empty nest syndrome would have been even worse.

    I would probably fight the cause especially as you live outside of London but Old CodJA will be able to advise you better than I can. I don't know why the fine is £60, seems a bit strange, I thought it was £25.

    I really hope it works out well for your daughter.

    Best wishes

    Jackie

  8. I was going to help you to compose a letter to appeal against the decision but can't find time as it has to be in so quickly. Ask at a Law centre; they don't charge. In the meantime write a short letter to boss saying that you Dear Bloggs

    Further to our meeting of (date) I do not agree with the allegations outlined or the decisions made therein. In fact I believe this meeting to be the conclusion of an unfair dismissal. I intend to appeal and I am seeking legal advice to support my appeal. I undertake to contact you within 30 days of the date hereof or as soon as I have received advice.

    Thank you in anticipation of your patience in this matter

    Yours sincerely

     

    Hubbies name

    Send this immediately (tomorrow?)by 1st class recorded delivery

  9. Hi there

     

    talking about waiting to see what happens, I have not heard from LU regarding my letter. This could be because of the post strike I suppose but if they have sent it and I don't receive it will I automatically get fined £50? Should I phone them to ask if there has been a decision made or should I leave it?

    I don't want to have to pay £50.

     

    Thanks

     

    Jackie

  10. Hi Old-CodJA

     

    you are right of course; apologising doesn't do any harm but a letter that isn't properly written, a letter that tries to explain may be used against someone and could be a hindrance, perhaps. I am a civil litigator not a criminal one but I think a free 30 minute advice session from a criminal litigator might be useful. I was just putting my thoughts to paper in case they helped, I didn't mean to 'tread on anyone's toes'. Sorry if I've unwittingly done that.

    Regards

     

    Jackie

  11. Hi there

     

    Oh dear what a terrible mess! Did you get your American driving licence back?

     

    The post is on strike I am still waiting for my reply. However, I think they may just give your friend the 'sack' and not bother too much about you.

    My advice is don't write a letter of apology it will only incriminate you further; just wait and see what happens to your friend on his return. He may not be your friend any longer but that's his call - he told you to lie.

     

    I know waiting is agony but I think its the best thing to do here. For yourself it could go 2 ways, most likely they will be satisfied with disciplining your friend but don't bank on that, they could prosecute you too.

     

    If they do you may have to get the advice of a lawyer or you couold get some now as some of them give free 30 minute sessions.

     

    Let us know how it goes and good luck!

     

    Jackie

  12. Thank you for your vote of confidence Old CodJA I'm not so sure but I'll let you know what happens

     

    PS Writing letters is one of my talents probably because I am qualified as a teacher of English and I have to mark so much writing. I'm also a Legal Executive so if you need any proof reading done I'd be glad to return the favour

     

    best wishes

     

    Jackie

  13. Hi Old-CodJA

    here is the letter I have written to the Penalty Notice Office. I would appreciate your comments. Thank you. Jackie

     

    Dear Sirs

     

     

    Yesterday the sun rose high in the sky making it a beautiful day. My partner and I decided that it would probably be one of the last of summer and so we decided to make the most of it and do something unusual, we would visit North London and see what it had to offer. It is strange but when you live and work in South London you do not often venture further than the centre. We took some sandwiches and started out at 7.45; we were really looking forward to our day out.

     

    Anyway we thought we would go to Hampstead and we would get the overground train from Clapham Junction because I am not particularly fond of the tube and anyway my monthly travelcard was only valid for zones 2-5. When we arrived at West Norwood we found that there were engineering works and we could not get to Clapham Junction. We went to Tulse Hill. There was no-one in the ticket office and there was engineering works which meant that there were not trains there either. We decide that the only way forward would be to go to Brixton and get the Victoria Line to Finsbury Park rather than going to Hampstead Heath. Brixton station was closed due to engineering works so we caught the rail replacement bus to Stockwell where we boarded the tube.

     

    We intended to change to the Victoria Line at Euston to head on to Finsbury Park and we were stopped at Kings Cross by the inspector. I was surprised we were stopped because I honestly believed that when there is no alternative it is lawful to travel in any way possible across London. The inspector was actually very nice and even though I offered to pay on the spot he told me that I should appeal the penalty notice as I had not known this. When we got off at Euston we found that we could not get the Victoria line because of engineering works and we could not get back to Kings Cross station because of engineering works so we caught the tube to our original destination of Hampstead. We walked through the beautiful Hampstead Heath and took a ‘mystery’ ride on the C11 bus. I went to get a bottle of water and then we were going to go home from Finchley Road. Both the tube and the train at Finchley Road station was closed due to engineering works and we wondered how we would get South. The station staff had not heard of Tulse Hill or Wimbledon but told us that we should board the rail replacement bus bound for Willesden Green. I was a bit dubious as I seemed to think that Willesden Green was further north but were being hurried to get on the bus so seeming to have no alternative as there was no other transport we did board.

     

    I admit that by this time our lovely day was full of arguments, we were tired and lost.

     

    When we were almost at West Hampstead another member of underground staff got on the bus to stop- it from running and we were told to board the bus in front. I asked how long it would take to get to Wimbledon and he said he didn’t know Wimbledon anyway we should get off because he wanted to stop the bus. When we got off the bus he said he had no idea how to get to where we wanted to go. Fortunately, a passenger told us about the Thameslink station some 10 minutes walk up the road and so we went there. When we arrived the ticket clerk sold us a ticket which stated that we were not allowed to use the underground but that engineering works meant that the train only went as far as St Pancras and then we would have to get the tube from Kings Cross to London Bridge followed by the Southern train from London Bridge to Tulse Hill.

     

    I was very anxious about being stopped on the tube again but she said that when there was no alternative I had to use the tube. This was exactly what I had tried to explain to the inspector but he had issued me with a penalty notice and I was so worried that it would happen again I panicked throughout the journey. I would really appreciate knowing why I could travel on the tube without a valid ticket on my return journey across London from zone 2 to zone 3 but not on the outward journey as I don’t understand why that should be. I have kept the ticket for your perusal should you require to see it.

     

    Our day was ruined and it took us 3 hrs and 10 minutes to get from Finchley Road to Tulse Hill because of extensive engineering works. I must say that from a customer’s point of view it looked as though London had come to a standstill.

     

    I am truly sorry that I travelled on the tube with only a monthly travelcard for zones 2-5. I have not done so before and, now I know that I cannot do it without permission, I will not do so again. I hope you will accept my appeal.

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