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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 thin
  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 *effectivel
  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
  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
  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 benef
  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 offe
  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
  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 f
  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 mont
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