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Everything posted by elche

  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
  15. Hi, Sorry to hear that you didn't get the pay rise..... (and congratulations on passing your probation) - the words in brackets were what I nearly wrote, but then I noticed that your start date is June 2010. I think you could do with being a bit clearer in the info posted but the way I see there are two scenarios: a) You never got a pay rise after you passed your probation period, got all the pay rises thereafter but as they are on an incremental scale the original missed pay rise still means your one step down the scale, or b) You missed a pay rise after your probation and have had all since then and are just owed a set sum of money from date X to date Y (presumably that would be a period some 3 years ago now?). I suppose it is more likely that (a) is what you are saying but please more details - you need to consider what the contractual documentaion says as this may not be any type of equal pay issue; for example if the rule is that each staff member gets a RPI pay rise on 1st Jan each year, but that said payrise is dependant on the employee having one year's continuous employment on 1st Jan then you may have missed it and have limited recourse - but please more info so we can help more Che
  16. I know you CAGGERS love info on the relevance and admissibility of covert recordings in ET's (are you all really sneaky?). So with this in mind, I thought I would share this post that landed in my inbox today. Not my summary, all thanks for the content go to a company that is a professional information provider. I have no doubt that google + the case name will yield even more. Where a party to employment tribunal proceedings wishes to rely on covertly made recordings, an application for their admission into evidence will not succeed if unsupported by the recordings themselves and transcripts of them, as without that material an employment tribunal cannot adjudicate on their relevance. However such recordings will on occasion be relevant and ought to be admitted in the interests of justice. An application for their admission should be made as early as practicable, supported by transcripts of the material on which the party wishes to rely as well as the recordings of the material itself. Transcripts produced by the party itself will normally suffice. Where there is a large volume of such recorded material, a focused and selective application might be more likely to succeed. EAT: Vaughan v LB Lewisham Regards to all. Che
  17. Bit pushed for time now, but that seems fine wiggles...... Get it sent recorded delivery or hand deliver Is there a training provider? and if so are they happy with your son's college element of the apprenticeship i.e. attendance, project marks etc....?
  18. Hi brad, Holiday pay is within the definition of wages, so this is like any other overpayment of wages. The employer is in theory entitled to recover this from any future payment of wages - the question is do they still owe you any wages? If not in reality they can only recover this via a small claim - somthing most companies don't bother doing. Che
  19. As Emmzzi says were you certified sick - if so this could be a period of sickness absence, It is not Parental Leave unless (amongst other things) you gave your employer 21(?) days written notice prior to taking the leave. Parental Leave is designed for planned leave from work, As this was 'unplanned', an element may be Dependent Leave - however whether it was reasonable to have such a long time off purely for Dependent Leave is a moot point. Also do check for any contractual clauses, Bereavement Leave etc... Che
  20. If this claim is brought as an unlwaful deductions from wages claims (as per sidewinder's first post), you should be able to bring this in an ET, where you are virtually certain to have many opportunities to back out before you are liable for any costs order - which initslef would seem unlikely in this claim. Submitting an ET1 is free and can be done on line. Che
  21. Purely a first draft: Dear xxxxxxx I am writing further to your letter of DATE informing me that I had been summarily dismissed from my employment with Company NAME. I would like to appeal the decision to dismiss me, for the following reasons: I believe that the decision to dismiss me was outside of the range of reasonable responses that were available to you, and consequently unfair. The fact that that I was not in receipt of any active formal disciplinary sanctions at the time of the incident means that a less harsh disciplinary sanction such as a First and Final Written Warning was available to you, and I believe that this would have been the response of a reasonable employer. The reasons given for my dismissal in your letter of DATE were: 1. Dishonesty /Theft ( removal of company property with out permission.) 2. breach of implied trust and confidence between you and the company. 3. engaging directly or indirectly in any business or employment which is similar to or in anyway prejudicial or detrimental to the company. In relation to point one above, I have told you that I had every intention to return the diagnostic machine, and it appears that you have accepted this explanation. Therefore, I fail to see how you could have formed a reasonable belief that any intention to commit an act of misconduct capable of being labelled as 'theft', has taken place? For this same reason, I do not believe that this could be classed as an act of dishonsety of such a degree as to merit summary dismissal. It therefore follows, that in respect of your second allegation, I am unsure in what way my actions, that you seem to accept were not an intention to steal, have destroyed the mutual trust and confidence built between us over the last 2.5 years? Finally, in relation to point 3 in your dismissal letter, I have explained that the machine was purely intended to be used to diagnose a fault on my father's car. This was entirely pro bono on my part; thus no payment was expected to be received. Again you seem to have accepted this explanation. As such, I fail to see how you could have formed a reasonable belief that my actions were in any way capable as being classed as engaging directly or indirectly in any type of competing business? In addition in mitigation I would politely remind you that, this is going to have harsh consequences on my career as a whole. I am approx imately 9 months away from completing my apprenticeship and have been loyal to the company throughout my time employed here. I have been working every other Saturday voluntary to train on the sales side. In recognition of this effort, I was recently offered a Trainee sales position that I turned down as completing my apprenticeship was paramount to me as this is where I based my long term career. I would like to be accompanied by a colleague based at XXXXXXX XXXX at the appeal hearing which you have informed me is fixed for TIME, DATE, LOCATION.
  22. Sorry, upon re-reading this I am not clear...are you saying he had an accident at work, what do you mean by, "..an operation.."? Che
  23. He doesn't necessarily have to prove this, they can investigate, if he raises this issue in any appeal letter. Really this should be 7 days from receipt if they are being fair about this, so you should have a few days to draft the letter. . Forget this unless you can prove you raised this (ideally in writing), before the decision to dismiss was made. Not sure what relevance this is? Could you expand?
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