Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

  • Days Won


elche last won the day on October 24 2009

elche had the most liked content!


860 Excellent

1 Follower

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Hi NM,Sorry to hear about your colleagues accident at work. I hope he/she made sure it was recorded in the accident book, etc...?As regards payment for work that your colleague was contracted to do, but could not, then if they can ask for this depends really on two issues:a) Whether your colleague had the benefit of some kind of 'contractual sick pay scheme' in his/her contract of employment. If they did and the benefit extended by this right exceeded what you would be entitled to by law (e.g. SSP), then the employer could (in theory) make receipt of this dependant on production of a MED3 or sick note from day one of the absence.b) If all they pay is SSP, then whilst the first 3 days may be unpaid, normally they should pay from day 4, and cannot demand a sick note until day 7+ as you can self-certificate for one week.Hope this helps.Che
  2. Well as a short-service employee if they did decide to dismiss for this, then unfortunately your rights to bring any type of claim would be, beyond a claim to notice pay, slim in the extreme (unfortunately being in debt and having a poor credit history is not a protected characteristic!). Let's hope they don't do that, and if they are really doing 'this' properly you should have a chance to state your case and if so BazzaS' approach seems the one to take. Che
  3. Could you post the wording of the text message? I wonder if there is an angle that the dismissal was effective prior to the letter claiming to dismiss for conduct? I don't believe you can be effectively dismissed from a contract of employment twice...... Che
  4. Nice to see BTE legal insurance working as it should! Sorry to hear that your TU didn't meet your expectations. As that is what pays my mortgage these days, I'd just like to say that in defence of TU's that lot's of us bust a gut for our members. Everyone who is an employee should join a Trade Union - together we are stronger - vencermos:razz: Ok, rant over! Che
  5. Well, I'm glad I helped back then .. can't remember the exact details of the post, but hopefully it was helpfull! Totally agree that in this respect the BF can be a bit 'crude'. I always used to advise that in such a situation, any absence that could be related to a PC under the EA, be discarded for the purposes of calculating the score - even more so when it is a red selection criteria! Well that suggests you have some legal rep - good - so hopefully they can give you the best advice due to their intimacy with the facts of your case. Best of luck in the PHR. Did a legally qualified person draft the ET1?
  6. Well if the PHR is to see if you were covered by the EA 2010, then I reckon there would be no problem in using the w/s that R has disclosed to you in any final hearing - assuming of course you 'pass' the PHR - The info is a bit sparse on the post - you'll get more from the CAGGERS if you help us help you with a bit more info. Perhaps, how long you you worked there, the reason for the dismissal (was this redundancy?), and what you have claimed as potential claims in your ET1? Che
  7. Well I suppose it depends on how the claim is pleaded. If the pleading is that I was dismissed for redundancy, but that dismissal was unfair then the 3 months will run from the 'effective date' of the redundancy - which can vary depending on they word the dismissal letter as regards notice periods. If you plead some kind of claim based on the actual WW (and I can't see what really, unless this is discrim of some kind), then if you resigned and claimed CD, then it will be the date of the resignation becoming effective. Whereas if it is some kind of claim where you remain in the job then it will run from the date you received the WW, almost certainly NOT the date of the appeal outcome. Che
  8. There is no reason why you could not use the statement that they are using in a PHR in a final bundle, unless this PHR relates to some kind of issue as to admissibility of the evidence in the final bundle if it goes to a full merits hearing. What is the reason for the PHR - is there an initial point at dispute,or is more just the ET wanting to clarify small issues, and discuss the timetable? Che
  9. Well as such a claim is normally predicated on a breach of contract, then it would be six years. I'm also not absolutely clear on this point and why you couldn't claim this in the ET claim as normally whilst the limit is 3 months this type of claim is often pleaded as a linked series of deductions ; which provided that there is not more than 3 months between each 'link' could go back six years. As to a claim in small claims track, you need to look at your original pleadings carefully to ensure what you want to claim in small claims, was not included in these, as if so Res judicata, could mean you cannot have a 'second bite at the cherry' in respect of these in a new forum. Che
  10. Hi and sorry to hear the bad news. It seems from your chronology that you were on a FFWW when this happened. The question will be can you 're-open' that, because if not a further (alleged) H & S breach may be enough for a cumulative warnings dismissal. As to a recent case on this issue, and whether an employer's reliance on a written warning may be challenged in an unfair dismissal claim? It was held that only if it was issued in bad faith or manifestly inappropriate,by the Court of Appeal in Davies v Sandwell. Just google the case name. Che
  11. Well Daniel Barnett says that, "....the website for submitting ET1 forms online will be taken offline at 4pm on Friday. Get your online applications in before then to avoid fees." But no reference is made to claims that are for example e-mailed or faxed to the appropriate tribunal office between then and Monday.Any claim received on Monday will presumably be rejected if you use the 'old' ET1, as they are issuing a new ET1, and presumably this will become the 'prescribed form' that must be used to commence an ET claim.Che
  12. Hi Lea, Well the tory boy changes to the law mean that with a start date of 25th June 2012, you would need 2 years continuous service before you could bring an 'ordinary' unfair dismissal claim: http://www.acas.org.uk/index.aspx?articleid=3733 So, that said unless there is some kind of discrimination angle, your options could be, in reality, somewhat limited. If this were F2F advice, I would ask you, before you submit the grievance, how much you need this job in terms of, 'could you meet essential payments for a few months if you lost it?' I have to say, that for right or wrong, unless you can 'pull out a trump card' as regards the Equalities Act then in reality your options are somewhat limited, and consequentially perhaps a grievance at this stage is not the best option. Can I ask what type of company this is - i.e. approximatley how many people they employ? I ask to ascertain, exactly what their grievance policy states, and what their view would be to this. Che
  13. Hi Lea, Sorry to hear about your situation at work. I know that you have said you had more than one year at work before the period of absence commenced - could I ask how long you had worked there? Without, giving precise details, could you tell us what kind of job you do / did? Che
  14. Hi Coniff - long time no speak amigo. Just wanted to caveat Coniff's helpful post with the fact that I agree that the ECJ seems pretty certain that you should get accrued holiday pay whilst off sick. However, entitlment to notice pay can be a deceptively tricky area of the law. If, (and this is from memory), the notice period in your contract of employment exceeds the statutory minimum notice to which you are entitled at the time, by one week or more, then notice pay is not 'protected' and if this applied and the employee had no entitlment to salary at the time of the dismissal e.g. the 28 weeks SSP is exhausted, then notice pay would be nil. You need to tell us what the prognosis section in any medical report says, and whilst you have told us you have been off for 18 months it appears that no-one has asked (and you have not said) what your length of service was preceding that (come on CAGGERS ) . Please tell us how long you worked there before the accident? BTW from an employment law perspective it makes no real differance if the absence was due to an accident at work. Che
  • Create New...