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hazelmere

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  1. not sure i fully understand what you mean, but you should get paid for all the hours that you worked of course, regardless of working notice or not.
  2. well well, I have now taken further legal advice and done some more of my own digging, and it seems that it takes months to dissolve a company and there is a procedure which my employer has not followed either. If you are advised that when a company is dissolved all the liabilities die with it, this is not the case especially where the company has n ot gone bust. The company should not have traded for 3 months prior to application to dissolve {it's still trading now!) also my employer is obliged to let me know and put in place provisions for rfedundancy payments etc.. I discovered today by looking at the companies house website that he first applied on 10 march ( when we were still friends and he was still paying me full pay while i was off sick) I can hardly believe the deviousness of this creep that i once considered a trusted friend. It's now clear why he wanted me out of my job, so he could get out of his obligation to pay me redundancy pay which would amount to a few thousand, lucky i also discovered that i can get legal aid ! watch this space
  3. Thanks,I guess it depends what your claim is worth whether you get a solicitor or not, and how strong your case is, nothing lost in enquiring though. I have spoken to 2 solicitors and had free advice on the phone, it's all helpful.
  4. :(Actually, changes my mind I think you're right after all. I lost today! The judge said not enough evidence, even though he had paid another employee the same benefits a couple of years ago. Also even if I had won I couldn't have got the money he owed me because I just found out today that he's dissolved the company! Bang goes my unfair dismissal case,any ideas on where to go next with this one or how to get the holiday pay that he owes me ?
  5. yes kind of . you have to swear on oath and after you read your statement the other side's solicitor cross examines you. Any way I lost ! but if I had won I coudn't have got the money anyway cos he's just dissolved the company. One thing though, he had a solicitor so had to pay him anyway,I didn't so nothing lost.
  6. Hi, I don't know anything about CAB representing you but I represented myself in ET 3 weeks ago. The case was adjourned for 3 weeks and we go back tomorrow..When I got to the ET everyone else had a solicitor, but this is a free service and if you feel that you are right, then go for it and represent yourself, after all, you've got nothing to lose.When preparing for the ET you will be asked to submit a witness statement (basically stating your case), just make sure you get all incidents and facts date carrect, and then double check as well.Good luck
  7. incidentally madari,I'm intrigued to know why you think employment law is designed to favour the employer and not the employee, I would have thought (and from the research that I've done) that a lot of it was there to protect the employee.
  8. Hi again,the thing with sending it recorded delivery and it being a golf club is that a number of people may have signed for the letter, not neccessarily him, so he could still say he didn't get it. I actually handed it on both occasions to our administrator, to pass to him. She has no loyalty to him, only to the golf club itself. I've also applied for a few jobs, just waiting to hear, thanks again.
  9. hi, took your advice and wrote a second letter, hand delivered it too....still no reply. Meanwhile spoke to an employment law solicitor with regard to bringing an unfair dismissal case on a no win no fee basis. She says each letter that for each letter I've written I should technically give him 14 days to reply therefore 14days from last letter is 11 July, she also thinks his solicitor will be advising him to wait to see what the outcome of next Thursday's tribunal is before replying. Meanwhile...went to see doctor and explained situation to him, he gave me a sick note for a month stating 'stress reaction', but I decided against submitting the sick note as it would have meant I couldn't sign on and receive jobseeker's allowance (humilliating experience in itself),also I figured if the benefits office write to him regarding my claim , it would force him to give an answer to my question. Anyway, can't really do anything about unfair/constructive dismissal till after the outcome of the tribunal on Thursday. I just thought you might be interested in an update!
  10. Hi,I went to doctors yesterday and got a sick note for a month, but if I send it with the IB forms and then my employer turns round and says he didn't dismiss me, I walked out, shouldn't I then have claimed SSP ? He also hasn't replied to my letter of a week ago asking for written reasons for my dismissal. I am going to hand deliver another similar letter today, but what if he doesn't reply to that either? I feel really stuck until I get a reply from him.
  11. Hi again, yes I've always paid NI. What's an IB pack?
  12. hi, thanks for the advice. Just to be clear then, it was thursday 11 June when I walked out and went straight to the doctor's with chest pains, obviously this was recorded on my medical notes and the doctor agreed it was most likely as a result of the situation at work. I rung the following day and requested a meeting with my employer to discuss my hours. During the meeting things got heated and yes, I did tell him that I was walking out because he was making me feel ill and the chest pains had returned, thats when he told me not to return and not to come back onto the premises. Within an hour of me returning home that day he rung and asked me to clarify my position "was I going back" I reminded him what he had said and he just hung up on me. I was advised by ACAS to get him to give his reasons for my dismissal in writing. I hand delivered the letter asking him this on Wednesday 17 June but have had no reply or contact yet. I think you're probably right when you say that he will say I walked out, but I'm still confused as to where I stand especially if he doesn't reply soon.
  13. Hi, this is quite a long and complicated story but will try to keep to the point.I have worked in the same job for 5 years where I have been the only employee for most of that time, I have had an exemplary work record until very recently. At the beginning of the year I had an accident (out of work) that caused me to be off work for 15 weeks. After 6 weeks my employer decided that he was not going to pay me full pay any more for various reasons and I felt this was unfair. After an exchange of letters I spoke to ACAS and things had deteriated so much between myself and my employer that I took steps to recover the money through the employment tribunal. I returned to work 4 weeks ago and you can imagine how awkward things were between us, he would not speak to me,or discuss business matters, making it impossible for me to do my job, but I persevered,even requesting a meeting with him in my own time to discuss these things. ACAS had also spoken to him to try and settle the dispute out of court, an idea which he rejected, by this time he had appointed a solicitor to fight his corner. Things at work got a little better for a few days and we even had a conversation (work related), however the last straw came last week when he gave me unreasonable shifts for the coming week with only 3 days notice. We had always discussed shifts and agreed cover mutually between us and to suit us both, I have felt since returning to work that he wanted me out . The tribunal was this Tuesday, and the last few weeks at work have been incredibly stressful and awkward. After I told him that I could not do the shifts for various reasons (by text ) he basically said that was the rota, take it or leave it, I felt such anxiety and stress that I had severe chest pains and left work long before my shiift had ended and I went straight to the doctors,I had ECG etc and he confirmed the anxiety attack was as a result of the situation at work. The following day I phoned my employer (no more texting,not a good idea), and asked that we could discuss my hours. At this meeting when I asked him why I had all the late shirts he said that was why he employed me. I put forward my reasons for not being prepared to work those hours,things got heated between us and he said he wanted to have me disciplined over my walking out the previous day, when I told him the circumstances he told me it was 'b...s...'. I asked him if he could be reasonable regarding the shifts and give me an assurance that it would not happen again, he was not prepared to do this so I told him I was leaving ,to go to the doctors again because of the impossible situation he had created for me at work. He said if I walked out ther and then not to return to the premises at all, I took this to mean that I was dismissed. He shouted at me and swore at me calling me a 'f' in idiot'. That was a week ago, I have spoken to ACAS and also had some legal advice from employment specialist solicitors, and I have now written to him asking him to give the reasons for my dismissal in writing. I know that I have 3 months to bring a case for unfair or constructive dismissal but in the short term I am not sure whether to register as unemployed or sick, and who would pay my SSP now that I am not employed. Incidentally the tribunal was adjourned for 3 weeks to gather further evidence, so I still have that hanging over me. Any advice or similar cases would be helpful and appreciated.
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