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RosaofEdge

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About RosaofEdge

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  1. I recommend you get advice from a union or specialist employment law adviser who would need to consider your contract. The general position, based on contract law is that you can refuse to accept a variation of your contract. It takes agreement to change a contract and if you do not agree and communicate this clearly, you can enforce your contractual rights against the employer. It is unusual that the contract itself would allow for demotion and a pay cut, but occasionally these things are permitted as sanctions set out in a disciplinary or performance procedure. If you intend t
  2. Unfortunately you may have missed the time limit for resolving this through the tribunal. it is possible to submit a claim to the employment tribunal claiming that your employer has failed to provide an itemised pay statement and that he has made unnotified deductions from pay. To make a claim you would state that you have not received any itemised pay statement or P45, provide information about what were paid and set out the steps your have taken to try to get payslips and P45 from the employer and via HMRC The tribunal has the power to determine what particulars should have be
  3. If he has been paid below the minimum wage he can make a claim in the employment tribunal for wages due at any time during the contract within 3 months of the date of termination of employment. Another possibility may be to bring a claim for unlawful deductions from wages (s13 Employment Rights Act 1996) for the days when his pay was deducted. It seems to me that you are saying his employer allowed him to take Time Off in Lieu for some of the overtime worked but then deducted pay for the days he took off. He might want to try claiming his full pay for those days. Problem with thi
  4. Yes they squeeze you at both ends of your claim as you have found unfortunately. If your job finishes and you have your last months pay in hand it knocks you out from claimaing JSA for the month. When you start work and dont get paid for a month you are expected to sign off when you start work. This gives a fuller list of back to work benefits - but for the most useful ones you have to have been in receipt of JSA or IS for 26 weeks. Benefits and help when going back to work : Directgov - Money, tax and benefits If you pay rent or council tax, as my first post indicated
  5. Try the communitylegaladvice website Ruby. While I agree that there are not many solicitors who know much about welfare rights, if you pick a solicitor from those listed as giving specialist level advice in welfare benefits they should have good experience of that area of law. But don't expect a private solicitor funded under legal help to be able to actually accompany you to the tribunal to represent you in 99/100 cases! Dedicated Welfare Benefits Advisers and Welfare Benefits Solicitors employed by law centres and other not for profit advice services may be more able to help
  6. Getting Free Legal Advice to help with benefit appeals I thought it might help to post about getting free legal advice for social security appeals. It is quite a lottery depending on where you live in the country and which advice agencies exist, the level and subject areas of advice which each provides. First point is - please try to see an adviser/solicitor as early as possible. Preferably before you put in the appeal, or if you put it in yourself to avoid missing the time limit, go for advice before there is any appeal date on the horizon at all! Another reason why i
  7. Make another application for hardship payments They can deny these in the first 2 weeks of a sanction unless you have children or are disabled, are a carer or pregnant. After the first two weeks of a sanction you should qualify if you can show hardship. They should look at Whether you have other resources? Whether there is a substantial risk that essential items such as food, clothing, heating and accommodation will stop being available to you or will be reduced. So provide evidence of your debts, bills etc. Also are you still in receipt of Housing Benefit/Counc
  8. You may find this case Ferguson -v- British Gas useful if you have pleaded it as a harassement case. Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009)
  9. There may be a nitpick check Regulations 94-97 Job Seekers Regulations 1996. I am not sure from what you say if your girlfriend is paid 4 weekly or monthly but you did say she was paid on 26th June. The period for which you are treated as having this income should be the same length of time as the period for which the pay is paid. Calculation of earnings derived from employed earner's employment and income other than earnings 94.—(1) Earnings derived from employment as an employed earner and income which does not consist of earnings shall be taken into account
  10. I thought I would give an update on the resolution and the background to our dispute with Orange about our liability to pay charges of £1000 incurred on the theft of a phone, in case it is of some use to others who may be trying to dispute these charges. We corresponded extensively with Orange within days of discovering the theft, outlining the legal grounds of our dispute. We made an offer of settlement at one point of £100 – this was rejected at the time and Orange made no attempt to negotiate a sensible sum. We made an offer of about 10% because we thought it was fair and might re
  11. I don't see a dismissal but a resignation. Its not a constructive dismissal because I cant see that your employer was in fundamental breach of contract to you at the point you resigned. Even if it was a constructive dismissal and unfair you are now out of time to commence a claim for unfair dismissal (3 months from date of termination of the contract). I hope you got a good deal in your severance terms!
  12. The best place to start would be the ACAS Advisory booklet on redundancy http://www.acas.org.uk/CHttpHandler.ashx?id=877&p=0 The main ways to challenge a redundancy dismissal as being an unfair dismissal are:- There is not a redundancy situation and the dismissal is for another reason That you have been unfairly selected for redundancy That the employer didnt follow a fair procedure eg. failing to consider you for redeployment, failing to follow his own written procedures. All are fraught with technicalities... but if you believe that any of these apply in your cas
  13. In circumstances where you have 6 years completed service but would have 7 if the employer gives you statutory notice.... Your entitlement to a redundancy payment will be based on 7 years service whether you are dismissed with notice or dismissed without notice. But your entitlement to notice is based on the service you have at date they either give you notice or dismiss you without notice. So I think that 6 weeks pay in lieu of notice but a redundancy payment based on 7 years is correct.
  14. How long has your mother lived with you in Spain? Did she claim incapacity benefit, ESA or Disability living allowance at all in the UK before coming to live with you. Is she looking for any kind of work in Spain herself? Is she currently fit for any kind of work or not?
  15. If you are planning to rent accommodation within the home occupied by a close relative you cannot claim HB. It it is a seperate property and you have a tenancy agreement you may find that they refuse your application if either it is not a commercial letting or if they find it is a "contrived tenancy" - one set up to take advantage of the HB scheme. Shelter has a useful guidance note here Shelter England - Housing benefit if renting from family In my experience people who rent from family members very often find that it takes the council a lot longer than usual to reach a decis
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