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bobbuilder

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  1. Hi, Just on this... when he has been suspended this will be "without prejudice". I.e. as a previous post-er has said this is so that it facilitates the management to fully investigate the issues before coming to a decision. The info you have been given seems to be fairly good... i.e. there have been complaints about him. Given the type of work a suspension would seem appropriate. Once he has been suspended there should be an investigation, which may include an invesitgation interview if anymore questions need to be asked of your dad. Once the investigation has been completed a decision will be taken on whether to pursue disciplinary action or to take no further action. If they decide there is a case to answer then he will recieve an investigation report, which wll have all the info intended to be used in the disciplinary. Hope this helps.
  2. Hi, Just to ensure I've got it right, your employer wants you to work your contracted hours (16) across 4 days, instead of 3 that you currently work by adding a duty on Monday? A couple of points here. 1st what iis the reason that you have been given about the need for this change? 2nd - what does it say in your contract/particulars of employment? i.e. does it just say that you are contracted to work 16 hours per week or does it also specifiy that you will do this on Sat, Wed and Fri? or over 3 days? If it does not specify that you work them over 3 days / the specific dates, then provided you have been given 28 days notice then you would need to do it. Also, with regards to the children ... how old are they? What is the issue re. childcare etc? Legally you are entitled to make a flexible working request, and you employer is required to seriously consider it (there are lots of easons why they can refuse a request). Whether this is worthwhile really depends on the organisation you work for and the reason why this change has come about. However, for childcare, the likelihood is the response will be tought and you'll need to sort out something. You might be best pursuing the quality time with children apsect (but again, depending on the situation this may not be successful). Finally - The working time regulations are not of any use to you in this circumstance (unless there propsals result in less that 10 hours between each shift). If you want to discuss more... PM me.
  3. Yes, 28th Dec is a statutory 'bank' holiday. Whoever it was that told you bank holidays are only for banks is a complete f*****g idiot. Although the phrase does historically have a link to banking/financial services organisations. However, it does not mean that you automatically get the day off. Have you checked your contract - if it does not state that you are entitled to statutory holidays then I'm afraid your normal holiday booking procedure will apply (to have the day off you would need to use some of your annual leave entitlement). There is no legal requirement for an employer to give you bank holidays off. Rubbish I know, but unfortunately true!
  4. Hi, As farmlama states the 5.6 wks includes bank holidays (this is based on your pro-rata hours). As you work mondays this simply means you get bank holiday off, unless required to work. Interestingly if you worked your 3 days on say Wed, Thur and Fri and did not work the BH, you would be entitled to recieve leave for the BH at 1/3 of your contracted hours (as you work 3 days per week. It would be 1/4 or working week if you did 4 days etc etc....)
  5. Hi, Can I ask has your husband discussed this with his manager? Clearly, I can see that this is getting to your husband, but if he has not spoken to the manager then it is unrealistic to expect anything to change, if the manager does not see anything wrong in his actions (which he clearly doesn't if he keeps acting in the same way). Generally, these types of matters are best to try to resolve informally in the first instance. I would suggest he talk it over with the manager informally or with the HR manager before submitted a formal grievance. I would suggest to do this if you get no joy from the informal approach. That was it shows your husband is trying to be reasonable and also gives you more levels of recourse to work with in the first instance.
  6. Hi tryingtobehelpful, Sorry to hear about the situation that your brother has found himself in. Firstly, he has not been sacked - he resigned (this is important from a legal point of view). Generally, taking money belonging to an employer without permission would usually fall under the realm of "Gross Misconduct" - you will need to check this in the LA's disciplinary procedure / rules of conduct. To be brutally honest, had your brother not have resigned it is most likely that he would be summarily dismissed due to the seriousness of the misconduct (it would be quite unlikely / unusual for another outcome). However, due to his disability it is possible that this may swing the balance in his favour. As he has resigned from employement, the only real recourse open is to claim "constructive dismissal" at an employment tribunal. Constructive dismissal is where because of things said or done you feel that you have no option but to resign (especially if coerced by the manager). An EAT can either require the employer to re-instate him or award compensation (obviously due to his conduct any award would be reduced). The real question they would need to answer is whether the employers actions were "in the realm of reasonable responses in the circumstances". It is likely that they would find in the employers favour, but it's a shot, especially if he would find it hard to get another job. Sorry there is not more positive news!
  7. They have now asked for an I/E. From the start it would have taken 18 months to clear (so just over 12 now). I should also say that this was a student overdraft (they were very quick to give it to me without my asking) and I think they are being unreasonable now. I don't understand why I should have to setup a new agreement when I already have one and why I keep getting conflicting info from them. Is there anything I can do to be compensated for all the stress they have caused me with this and they haven't even apologies yet have admitted it was their fault.
  8. Sorry I should explain they transferred the money back after I severly lost my temper with them as they claimed it was an error and should not have happened in the first place + if they didnt I would have had nothing to live on . But now they are harrasing me to pay more money despite my having an agreement to pay £50 pm to them!
  9. Hi Everyone, I am currently an unfortunate customer of HSBC and looking for some advice as to how I can resolve an issue with them. I had an overdraft with HSBC which was not renewed in May 08. I then commenced a repayment plan of £50 per month that I agreed with them over the phone. I have stuck to this agreement since and made payments of £50 per month, every month. However, 2 weeks ago HSBC took it upon themselves to go into my other account that I have with them and transfer my entire balance to clear the oversdraft. This resulted in my going to a petrol station and being unable to pay for the petrol. The attendant threatened to call the police & I had to get a friend to travel 15 miles to pay for the petrol. Quite embarrasing as I'm sure you can imagine . I subsequently called HSBC who advised that whilst they had notes on their system to the effect of my £50 repayment plan this was not setup on their systems correctly (an error on their part). After some initial hostility the debt collection agent then agreed to re-setup my agreement for £50 per month (she had wanted me to pay £100). I have subsequently recieved several letters from HSBC including a final demand, a default and threats of court action. The bank has also written to me and advised that whilst they agreed £50 that was done in error and I must now pay more!! However my point is that I agreed £50 in June, have paid it since and had it not been for their error in setting it up they would have been happy to accept this. I am at a loss as to what to do next - I'm thinking I surely must have recourse in terms of negligence, the CCA or something but rrli not sure Help much appreciated! Sorry for the longwinded explanation but I think it was necessary.
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