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Everything posted by mariefab

  1. You say that the new manager is happy. Does your wife have an agreed start date for her redeployed role?
  2. If you think it would help; print off and show them the relevant legislation below... http://www.legislation.gov.uk/ukpga/1996/18/part/IV ...and highlight the part in 42(4) that states... you have the right to complain to an employment tribunal if, because of your refusal to work on Sundays on which the shop is open, your employer— dismisses you, or does something else detrimental to you,
  3. Did you receive a redundancy payment in 2013? If so, was the payment based on 12ish years @ 4 hours per week?
  4. That's what I would expect too. A suggestion for the current issue... You could print copies of: WTR 14(4) http://www.legislation.gov.uk/uksi/1998/1833/regulation/14/made TUPE 4(1) http://www.legislation.gov.uk/uksi/2006/246/regulation/4/made TUPE 7(1) http://www.legislation.gov.uk/uksi/2006/246/regulation/7/made Add a note stating that you believe that deducting £600 for overtaken holiday would be unlawful because your employment is not terminating. Present it to your employer. But, it's up to you how you handle this. You know your employer, I don't. If you think they are just unaware of the legislation; showing it to them might speed things up. The ACAS helpline advice can be a bit hit and miss, so come back if you have any concerns.
  5. They are wrong. A TUPE transfer does not terminate the employment (effectively or otherwise). See TUPE 4(1) below; http://www.legislation.gov.uk/uksi/2006/246/regulation/4/made Translation- It's a transfer. At no point does your employment end, it just continues with Company B as if they'd employed you all along. It doesn't matter which terms apply to you. Company A can only deduct the £600 when your employment ends. They can't terminate your employment because they want to deduct payment for the overtaken holiday. That would be automatic unfair dismissal. This *effectively ending your employment* business is nonsense and they should know it.
  6. The only time that a deduction for overtaken holidays can lawfully be made is when the employment terminates. See s.14 of the Working Time Regulations 1998 below, particularly 14(4). http://www.legislation.gov.uk/uksi/1998/1833/regulation/14/made Your employment will not terminate when the transfer takes effect - it will continue. That's the single most important purpose of TUPE. So, as far as your holidays are concerned it should be same as if your present employer had just changed the name of the the Company.
  7. Your lawyer is mistaken, not very good at her job and has caused this current problem. After you told her that you'd complained to HMRC and they were investigating she should have kept her mouth shut about it. You would have signed the agreement as it was. If they were subsequently prosecuted and you were a witness the agreement would not have been breached Instead she chose to tip them off. I can only conclude that this is because she doesn't know or understand the legislation covering protected disclosure and feels that HMRC are perfectly happy to have their investgations revealed to the potential defendants. Her job is to advise you about the meaning of the written agreement. It's no part of her remit to worry about what happens to the Respondent after it's signed. In this context *a matter arising from your employment* would be the claims that you are making at the ET, and any other potential employment related claims that you are currently aware of in which you would be the claimant. The HMRC complaint is not a matter arising from your employment. I don't know much about your line of work, but I know that HMRC has regulatory powers. They will investigate and, if appropriate, HMRC will bring claims against your former employer. How do you suppose HMRC (or anyone else for that matter) would view your conduct if, after your lawyer informed your former employer of your complaints, you (a potential witness against them) disclosed to the party under investigation details of the complaints and the evidence against them. P.S. Where did you get the idea that the claimant produces and/or pays for the bundle? In Employment tribunal claims the bundle is almost always produced and paid for by the Respondent employer. Have you received the bundle yet?
  8. I'm assuming that their 'confidentiality' fears relate to the public interest disclosures and that the disclosures you made to HMRC etc. are the same as those you had already made to the employer. The point I was trying to make is that they can freak out as much as like about this but they can't gag you no matter what you sign. http://www.legislation.gov.uk/ukpga/1996/18/section/43J This means that there is no duty of confidentiality with a public interest disclosure. Even if they include a clause in the compromise agreement stating that you will withdraw the complaints and have no further communication with HMRC and you sign it in blood; that agreement automatically has no effect. It is void by operation of law, i.e. 43J. So, you will still be free to continue to co-operate with HMRC.
  9. Hi steampowered. Have a look at 43J below, an admittedly rarely mentioned section relating to confidentiality in the protected disclosure part of the ERA1996. http://www.legislation.gov.uk/ukpga/1996/18/part/IVA
  10. I'd suggest that the lawyer is upset because she's out of her depth. She ought to be aware that no clause in a compromise/settlement agreement can prevent you from making a protected disclosure to HMRC or any other relevant regulatory body. She should also know that her role is to advise you
  11. Unless there was a gap of at least a week between the 2 jobs; it doesn't matter whether the previous manager recorded it as a termination or a transfer. She will have continuous service of 2 years (with all the maternity and other employment rights) because she works for an associated employer. See s.218(6) & s.231 of the Employments Rights Act 1996 below: http://www.legislation.gov.uk/ukpga/1996/18/section/218 http://www.legislation.gov.uk/ukpga/1996/18/section/231
  12. If the employer has a policy stating that employees must to submit to a breathalyser test when required, I suppose they can. Of more concern are the following issues: 1. To fail the test the result would need to be >0.08%. So, why are they making such an issue of 0.02%? 2. What 'reasonable request' are you alleged to have willfully failed to carry out? Were you told not to consume any alcohol?
  13. Don't worry, the hearing you had was just to establish liability. If you win there'll be a seperate (usually shorter) remedy hearing to assess your compensation.
  14. http://www.lyonsdavidson.co.uk/news/5464/new-employment-tribunal-statistics-show-number-of-claims-issued-has-plummeted
  15. The first thing to do is raise with your employer, in writing, that the less favourable treatment of denying you the benefit of the wine and vouchers because you are male is direct sex discrimination. (This would be a grievance even if you/they don't call it one.) See how they respond. If this doesn't resolve it, you could submit an Employment Tribunal claim. Be aware that a claim would need to be submitted in 3 months less 1 day from the date that the female employees received the benefits. This is because that date will be treated as the date that they decided not to award the benefits to you this year. Also, you would need to pay fees so resolving it with your employer is the best outcome. You know your employer, so you are better placed to decide whether softly or full guns blasting is the best initial approach. The Equality Act 2010 contains everything you need. http://www.legislation.gov.uk/ukpga/2010/15/contents Your protected characteristic http://www.legislation.gov.uk/ukpga/2010/15/section/11 The prohibited conduct (1) http://www.legislation.gov.uk/ukpga/2010/15/section/13 Employee protection (2)(b)&(d) (and maybe 2(a)) http://www.legislation.gov.uk/ukpga/2010/15/section/39 Sex equality http://www.legislation.gov.uk/ukpga/2010/15/section/65 Comparators http://www.legislation.gov.uk/ukpga/2010/15/section/79 Enforcement http://www.legislation.gov.uk/ukpga/2010/15/part/9/chapter/3
  16. Well, it's not a criminal offence; so I'd describe it as unlawful (rather than illegal). That said, if the only reason for the less favourable treatment is because you are male, it's direct discrimination. http://www.legislation.gov.uk/ukpga/2010/15/section/13
  17. Decision meetings aren't all that common, but they do happen sometimes. Bear in mind that their purpose is for the employer to inform you of whether, or not, they have decided that you are 'guilty' of whatever disciplinary charges were made against you and what, if any, action they have decided to take (i.e. warning, dismissal). You, and your companion, are not required to do anything other than listen. But, if the decision is dismissal (or warning) I'd ask if they'd like your notice to appeal in writing and within how many days they'd like to receive it. If they want to offer a settlement, as an alternative, listen but don't commit one way or another. When they've finished talking about it, ask them to put it in writing and give you a few days to consider it. I was telling to my husband about your situation SadBear and his immediate response was something blindingly obvious (although it hadn't occurred to me). 'If it's so all-fired important to have a reminder of when staff are taking holidays, why hasn't this employer solved the issue in the same simple way as many thousands of others and spent a couple of quid on a wall calendar?'
  18. * So it's ok that I haven't put in a grievance yet? Yes it's OK that you haven't submitted a grievance. If you had put one in it would have been about this disciplinary process and you'll be raising all the issues at the disciplinary hearings anyway. holidays are usually very disorganised and we never know for sure when someone is coming back to work, or whether they have already gone to their holiday. This suggests that people don't often remind everyone the day before that they are taking holiday. Make sure that you stress this and ask why you are being disciplined about this when others have done the same with no consequences. They agree that you have followed the Company holiday policy. So, ask why, if it suddenly so important to remind about holidays, there has been no change to the Company policy to reflect this change. I'm torn between whether you should raise the last point now, or leave it to the appeal (if dismissed). On balance, I think I'd leave it to the appeal. It should be held by someone who hasn't been involved in the process so far. This could be used to show that the decision to dismiss was tainted and give them a reason to overturn it.
  19. The statutory grievance procedure referred to above was repealed in 2009. If you are dismissed your appeal would contain everything that would be in a grievance anyway. Something that you might consider is: has anyone else in your department ever taken a holiday without reminding everyone about it the day before? If so, were they disciplined in the same way? If anyone else has ever failed to remind and suffered no consequences, you should definitely raise this in writing at the next meeting. Your employer confirmed at the last meeting that someone has already been employed to fill your role. Write that when questioned the employer said that it was a temporary role to cover your role while the disciplinary is resolved. But state that this is a significant change to the usual custom and practice at your company. Replacements have not been provided to cover holidays. If cover has not usually been provided to cover sick leave point that out too. Work out the period between your suspension and the Monday before the last meeting and see if you can come up with any examples of when someone was absent for that amount of time and no 'temporary' employee was recruited to cover the absence. State that, in view of this, it appears that a decision to dismiss you has been made before the disciplinary.
  20. They say- D wasn't included with ABC and they didn't think it was payable, but they promised that they would look into it. That suggests that they hadn't yet made a final decision as to whether, or not, to pay you D. You say- D was properly payable (and explain why) and they continued to fail to pay it despite you pointing out that it was due. Then you say that the failure to pay D with your final wages was the last of a series of unauthorised deductions and refer to Employment Rights Act 1996 section 23(3)(a) to show that the claim was therefore submitted, in time, within 3 months of you receiving that last payment.
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