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RosaofEdge

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Everything posted by RosaofEdge

  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
  16. 1) How long were you employed? 2) And can you confirm that the temp contract was with the employer and not eg. an employment agency? 3) Were the reasons for your sickness absence related to any kind of disability? If the answers to 1) is less than a year and 3) is No I cant see that you have any enforceable rights except to notice and outstanding holiday pay.
  17. 1) Look at your contract. If it provides for no contractual redundancy payment you are not entitled to a contractual one. 2) The statutory right to a redundancy payment arises where an employee has been employed for 2 years. Even if you are an employee you don't qualify for a redundancy payment if dismissed at 18 months. 3) You may not be an employee. If you are not an employee you are not entitled to a redundancy payment or to unfair dismissal rights either. There is a lot of caselaw on who is an employee and who is not. Theres a bit of a summary of it here htt
  18. The employer should have provided a statement of terms after you had been in the job for 2 months. Your employer appears to reserve a right to lay off without pay in the contracts of other employees (as evidenced by their statements of terms) The employer will have a right to lay you off without pay if it was an express term of your contract that he could do so. However an express term can be written or verbal. Courts have held that there is no right to lay off without pay at common law. It is also difficult to see how the term could be implied unless you work in an industry w
  19. Entitlement to notice will be governed by your contract of employment/statement of terms, but is subject to a statutory minimum period. Entitlement to statutory notice is one week for each complete year of employment. So if you have 6 years and 50 weeks at the date notice is given you are entitled to 6 weeks. However redundancy payments are calculated by referrence to the number of years of service you have at the effective date of termination. So if working out your notice takes you past the 7 year point....
  20. Check also if they named the right court in the statutory demand. The SD stated us that the court to apply to to set aside the SD was a local county court but in most of London it's the Royal Courts of Justice in the Strand that has bankruptcy jurisdiction. Apply to the correct court (phone up and check that the one name has Bankruptcy jurisdiction) but naming the wrong court may be another thing that could invalidate a SD. BTW There is no fee to apply to set aside a stat demand and you can and should ask for your costs if successful. Providing you have an argument to set asi
  21. Buzby it is entirely different from losing a credit card - and there's the rub. This is what the Banking Code says about fraudulent use of credit cards. Liability for losses 12.11 If you act fraudulently, you will be responsible for all losses on your account. If you act without reasonable care, and this causes losses, you may be responsible for them. (This may apply, for example, if you do not follow section 12.5 or 12.9 or you do not keep to your account’s terms and conditions.) 12.12 Unless we can show that you have acted fraudulently or without reasonable care, yo
  22. jamg Mobile phone charges in the event of theft appear to be an uninsurable risk. I use PAYG now because there is no way of limiting liability - so I limit my liability to the extent of my latest top up. I do however think that there is scope for challenge using the Unfair Terms in Consumer Contract Regulations. I alternatively think there is scope for challenge the extent of recovery which a phone company can make in these circumstances using principles of restitution. This is unjust enrichment. Why should the Comms company recover the full profit they make from you
  23. There must be a commercial agreement in existence between the CRAs and the people who place and have the right to search information there. I would imagine this must set out some protocols and definitions for what gets registered. Is it published anywhere? Is it available from a CRA?
  24. Thanks for this spamheed Yes we have the whole file except the original agreement and terms! Also dated contemporaneous attendance notes of all telephone conversations.
  25. Default page break (1) I am posting this in a Consumer thread about Mobile Phone charges and one about Credit References as well as here, as the issues are quite wide ranging. Any views/advice welcomed. My partner and I have been disputing liability since 2004 with Orange for mobile phone charges of £1000 incurred when my phone was stolen. We maintain that the express term on which Orange relies does not in fact allow them to recover charges from us, alternatively that if the term has that effect it is is an unfair term within the meaning of Regulation 5 Unfair Terms in Consum
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