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cal37

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Everything posted by cal37

  1. Yes it does matter very much, as ELL-ann said if an employer fails to follow Procedure and it goes to an ET, they are on sticky ground. Last month a case went to an ET, the employee was dismissed for reasons I will not go into. It was shown that the company failed to follow Procedure by calling the employer to tell him that he was suspended and when his disciplinary hearing was. This was the very next day and this was also the employees rest day, the employee asked for an adjournment and was told if he did not come in, he would be sacked. The company failed to put in writing about the meeting and the reasons, failed to allow him an adjournment and the ET upheld the employee’s case on the grounds that the company failed to follow Procedures. Now to your questions: How much time should be given from the 'invite' until the meeting, how long is needed to prepare? There is no set time limit but it must give you reasonable notice of at least 24 hours. You can ask for the meeting to rearrange to prepare and or to arrange a witness. Does it matter if the employer postpones the meeting without telling the employee and then reschedules without any notice? Yes it does matter, again at least 24 hours notice. Should the outcome of the meeting be kept confidential or can it be made public knowledge before an appeal has been made? Most certainly, it should never be made public no matter what.
  2. This is true and has happened many times, in fact I have posted a few times pointing out this fact. To dismiss someone for exercising their rights under the employment rights act would not be upheld unless the employer could show that the employee had abused their good will.
  3. You should see an employment lawyer ASAP. Did you put it in writing, did they put anything in writing, and were there any witness to this conversation? I ask this because your employer could say that you resigned for other reasons, that there was no case against you going on etc etc if it were to go to an ET. My advice is to put a grievance letter into them, outlining your displeasure and the fact that you consider yourself to of been constructively dismissed and you want a grievance hearing. get this in ASAP, i take it you gave notice?
  4. They can not discipline you for exercising your rights under the Employment Rights Act. They would have to show that you have taken excessive time off and abused the system. How they seem to think that illness is predictable i have no idea................i know i`m going to get the flu on 29th feb 2009 . My advice in the case of only 2 absences in one year is to appeal it and if necessary take things to an ET.
  5. Just to add "reasonable amount of unpaid time of work” is not defined. Basically you can have time off to deal with an emergency and to make arrangements for a carer. There have been a few ET cases where it’s been considered two days to be enough to make alternative carer arrangements. To summarise, you can not expect or demand a week, two weeks etc etc to look after your wife, kids, and the law was made to deal with an emergency only.
  6. Poppynurse, that’s beside the point. The Employment Rights Act 1999 gives you the absolute right to take unpaid time off to deal with an unexpected illness. Regardless of them “toughening up “they have no choice but grant the leave. Now they can deal with people who seem to take the preverbal via the normal disciplinary procedures if they wish.
  7. Please do not misunderstand me, I was not trying to say your English was bad but trying to see if the company used the postcode as a reason instead of your English. The company can state that only applications from X area will be accepted and unless you can prove they have accepted applicants from outside the area I can not see you having a case. I will say this, I find it very strange how they treated your application and I suspect there are other reasons behind it.............proving that is another thing.
  8. As ELL-enn said, you should talk to your HR. The company does have a duty of care towards you and they have already stated that your duties are high risk. If this fails put in a grievance letter and bring the matter up formally. This puts on record your concerns etc and would help (god forgive) if anything were to happen.
  9. Using a postcode is a new one on me!! It could well be discrimination, proving it is another thing. You will need to find out if they processed other people from outside their postcode for a start. I take it English is not your first language going from your writing? Did you write the letter in the same manner? If so it might be because of that and it being an admin job they might need someone with good command of English.
  10. The Employment Rights Act 1999 (ERA) gives a right to every employee, regardless of length of service, to take a reasonable amount of unpaid time of work "to take action which is necessary" to help when a dependant gives birth, falls ill or is injured or assaulted. A "dependant" in this context means spouse or civil partner, partner (including same-sex partner), child or parent of the employee or any member of the employee’s household who is not their employee, tenant, lodger or boarder. Where time off is to take necessary action to help when a dependant falls ill or is injured or assaulted, the definition extends to "any person who reasonably relies on the employee for assistance" on such an occasion. That means an individual for whom the employee is the only person who can help - for example, an elderly neighbour with no relatives or other neighbours, who is living alone and who falls and breaks a leg. In all cases, the right is limited to the amount of time that is reasonable in the circumstances of the particular case. In most cases, whatever the problem, one or two days will be the most that is needed to deal with the immediate issues and sort out longer-term arrangements if necessary. Who is eligible for Carers’ leave employee’s own child(ren) next of kin or nominated next-of-kin partners parents/parents of partners
  11. Would need more details,outline on whats in your T & C`s, company work book etc. On the face of it, i cvan not see how they can enforce this, however as always things might not be as simple as they seem.
  12. Here is the cruncher.........what "reasonable adjustment” and what “small cost “?
  13. If others smelt the Alcohol on you and are willing to give statements to that affect, then I’m sorry but the company can dismiss you without notice. Also reading private mail, if discovered could lead to a criminal conviction.
  14. Right, are they keeping you doing the job you have been doing for 7 years? Can you do your current job without difficulties? I would say, so long as you can still do your current job then you have a justified grievance under customs and practice. Are you a member of a union? If so then put a grievance letter in and get your union to take the matter up. If not put the letter in and we’ll take things from there.
  15. Hi, If you gained this disability after starting your job,then they do have to try and find you other work that you are capable of doing.It does not have to be on the same pay or T & C `s. If however you had this when you were taken on, then they can change your job to one you are capable of but the rate and T & C `s should remain quintessentially the same.
  16. You accrue holiday entitlement from day one. So you should be paid a % of the time yopu worked as holiday pay.
  17. You have a right to request it to paid back in installments. This has to be at a reasonable rate. They really should of offered this in the first place but seeing that they have not, put it in writing that you are happy to repay it at X rate per month.
  18. You are entitled to time to digest any thing regarding the hearing.You are entitled to a witness and you are entitled to time to prepare for the hearing. The hearing has to be at an mutually agreeable time and place, so you can ask for it to be postponed for you to have time to prepare. This is not to say you can hold it off forever, if you request a postponement, you have 7 working days to rearrange the meeting.
  19. The moment you unconditionally accepts your offer of a job, a contract of employment comes into existence. The terms of the contract can be oral, written, implied or a mixture of all three. If you are an employee, you must get a ‘written statement of employment particulars’ setting out some of your main terms. Your employer must give you this within two months of starting work. The statement must include: pay hours of work holiday entitlement sick pay arrangements notice periods information about disciplinary and grievance procedures The written statement is not itself the contract but it can provide evidence of the terms and conditions of employment between you and the employee if there is a dispute later on. Now the wording " employment contract " has obtained " common usage " and therefore the term is now recognized as meaning written statement of employment particulars by ET`s and others when used by the average person.
  20. Is this a disciplinary hearing? Does it state its so in the letter?. If it is and it states so then they should of given you the reasons why you have to attended the hearing. Just saying a breach of h&s regulations is a bit scant and i would ask for more details.
  21. If its unopened i would say its very unlikely that the company will ask to see it and if they do then i would refuse to do so on the grounds of confidentiality. As i have said, if its forms part of your T&C `s that you are subject to searches then they do have a right to search you, so do not take anything you don`t want them to see into your ork place.
  22. Not a problem happy to help. If they did ask to search any personal mail,i would say its fair that you request that a senior manager conducts that search as the mail is so personal. If that was refused i would then make it known that your not happy with "joe bloggs security man" seeing your mail and then put a grievance letter in. However i would say 99% of companies would respect your wish and conduct themselves in a sensitive and professional way.
  23. If the mail is company mail then yes they can. If its your own personal mail that you have bought into the work place then again yes they can. If you do not wish your mail to be searched, do not bring it into the work place.
  24. Short answer is yes they can.I take it that this is company policy? You can refuse but if you do you could find yourself in breach of company rules. You can insist that only a police officer conducts a search but its not worth the hassle. If you do not wish them to search your post or anything else personal then best thing is not to bring these into the work place. Basically many companies have this sort of policy and so long as its conducted fairly IE: Female searching females and giving you the right to have a witness of your choice during the search then its unlikely that you have a grievance. Companies should use the search policy in a sensible manner and not search everyone,everyday etc etc.
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