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Chayton

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  1. The disciplinary was held later on the same day that I posted the original post - documents were emailed to me around midday and the disciplinary was at 2.00 pm. I had been told previously about the gossip by a colleague, but that was only the evening before - 5th April.
  2. I didn't have a written contract, however since starting my employment with the company in June 2015 I have worked at least five days per week/eight hours a day. The franchise was taken over on 16th February 2016, and had continued to work five days per week/8 hours per day until the date I was suspended (28th March) when I turned up for work as usual but was suspended. So far as the allegation was concerned - it was alleged I stole a packet of cigarettes. I did in fact take the cigarettes at the end of my shift on Saturday 26th March, but told them I would pay for them on the Monday following - my next shift - the 28th March. I have been allowed to do this on many occasions beforehand. When I walked in the shop I was told I was suspended, they didn't tell me why just that they needed to investigate. Due to the confusion and distress of being suspended, together with the fact I was told not to come into the shop or speak to anyone on the staff I completely forgot about them. I paid for them on the first occasion I was allowed back into the shop, which was the day of the disciplinary. I did not receive the full paperwork telling me what the whole matter was about until the morning of the disciplinary, it was only after receiving this paperwork that I remembered about the cigarettes and paid for them as soon as I walked into the shop for the disciplinary.
  3. No, just mentioned that as an aside really, the problem here is the wages issue
  4. More in this saga. I was eventually sacked as from 12th April. However, since I was suspended from 28th March, and was suspended until 12th April decision, they have not paid me any wages at all because during that time I didn't work any hours. Up until that point I was working 5 days per week, every week since I started back in June last year. I thought that suspended on full pay meant that I would be paid the hours I would have worked had I not been suspended. Is this right? Oh, and they refused to allow me to record the discussions on my phone - they muttered something about "data protection" but wouldn't give me a good reason why other than that
  5. I realise that I have not been dismissed, my point was more about the influencing of any colleagues who may potentially have been able to assist with my defence.
  6. Hi again, More problems. As stated in a previous thread somewhere on here, I work as a cashier at a local filling station, and have done so since July last year. In mid Feb this year the previous franchisee was replaced, and all staff were TUPE'd over to the new guy. In the (not quite) couple of months that the new franchisee has had the franchise, I've had unlawful deduction problems, holiday pay problems, and weird tax code problems, none of which have yet been sorted out, but that's another matter. The latest problem is this: At the beginning of last week (Monday) I was called into the office as soon as I went in to work whereupon I was advised that I was suspended on full pay while an investigation was carried out into alleged "misappropriation of stock". This was the only explanation I was given, no details, nothing else. I was advised in a letter handed to me that the duration of the suspension was only to be for as long as it took to complete the investigation, and that during this period I should remain available for work during my normal working hours etc, the usual stuff I would imagine. It also advised that I was instructed not to contact or attempt to contact or influence anyone connected with the investigation in any way, or to discuss this matter with any other employee or client of the company. However, should I wish to contact any employee who could assist me in preparing an explanation for the allegations made against me then I should contact the manager who would make arrangements for them to be made available for interview. I have a few issues - (1) I have no idea what the allegation actually pertains to - "stock misappropriation" is the only explanation I have been given, no indication of what stock is involved, when, where or what form the misappropriation takes - nothing, just those two words "stock misappropriation". How, therefore, am I to know who to ask to assist me in this matter. (2) The suspension has so far lasted a week and a half - I was initially employed as full time staff, and since starting my employment have always worked a minimum of five days a week, 8 hours a day - sometimes six days a week - I presume therefore that my suspension period will be paid at the same hours. My rota last week had me working five days - Mon, Tues, Thurs, Fri and Sat - Monday was supposed to be at double time for the bank holiday. Are they under any obligation to pay me double time for Monday still, since I was suspended on that day? Since I have not seen a rota for this week as I have not been in, is it possible that they will not pay me for the full five days that I normally work? (3) I have kept by the word of the letter and not contacted anyone or spoken to anyone about this matter, (not that I would be able to say anything in any event, since I have no clue what the matter relates to). However, gossip is apparently rife. I saw a colleague today quite by chance in my local shop. He advised me that at least two members of staff - one who is being trained as a supervisor - is telling people that I have been "sacked for stealing a packet of cigarettes" - the colleague wondered if this was the case. I told him that I was unable to speak about the matter, but that so far as I was concerned, I had not been sacked, merely suspended pending investigation. My question regarding this point is that, considering I have been told not to talk to anyone about the matter, should I not be afforded the courtesy of the same in return. The persons gossiping are not connected with the case, one is not yet a supervisor, and yet appears to know more than I do about what is going on. He is a friend of the manager, and they visit each others houses. The trainee supervisor's wife, who also works at the same filling station, also knows all about this matter - and I have no idea who else these people have told that I have apparently been sacked for stealing. Is it not prejudicing any defence that I may wish to raise - since I now cannot guarantee that someone I may wish to rely on in my defence has not already been prejudiced by his gossip. Why has the manager discussed this matter with this person in the first place, given that he is not connected with the case. How long is a reasonable amount of time to wait on suspension pending result of the investigation? I did write a note on the day I was suspended, asking that full disclosure be given before a further meeting was arranged. I have yet to receive anything. My employment history is exemplary, and since I started working with this firm last June I have in fact been employee of the month on several occasions - the problems have only started since this new guy took over in February. I cant help feel that there's an attempt here to railroad me out so that he can bring in his own employees - several of my colleagues (also already established employees) have also had problems of various kinds since the new guy took over, and at least one of us has left of her own accord.
  7. Yes, we were TUPE'd. It may or may not be relevant, but we didn't have any signed contract with the old employer, and nor have we yet received contracts from the new employer. The other point which may be relevant is that the new employer is alleging that the old one didn't inform him of any employee holiday which was booked prior to the transfer but which would occur after, he's also saying that no employee details were transferred. There's another guy who is having the same problem. Just to make it a bit clearer, the new employer is not disputing my right to holiday accrued with the old employer, just paying for the holiday that the old employer authorised but allegedly didn't tell him about.
  8. Hi Cant seem to find any relevant info on the net, so here's hoping you guys can help! I work for a large international petroleum supplier as a cashier in a local filling station. The filling station is franchised. I started working for the previous retailer back in July last year, booked holiday back in January this year for three days off in the middle of Feb. The previous retailer was suddenly ousted from the franchise and the new retailer took over on 16th Feb. My holiday was booked for 17th, 18th and 19th Feb. I have just received my wages from the new retailer who has paid from the date he took over until the last day in Feb - but I did not receive any holiday pay. I asked my site manager why I didn't get it, and he advised me that because I did not have a contract with the new retailer that I should contact the old retailer to pay my holiday pay, that according to the new retailer I was considered a new employee and thus not entitled to holiday yet. Can anyone advise whether this is the case? I have a snowball's chance in hell of getting anything from the previous retailer, but as far as I can see, the new retailer took over the staff and any and all obligations pertaining to them. Am I right? And if so, is there any legislation that may help to quote chapter and verse to the new retailer? Also, bizarrely, I don't get my payslip until a week after my wages go in the bank, so I have no idea even if the hours he HAS actually paid for are correct. Thanks in advance for any assistance that you may be able to give.
  9. Yes, I am probably de sensitised to the smell, however I have had a lot of people who don't own cats in the house, including since the contractors came - on the same day the contractors left, and before i changed the litter tray, I asked about an odour and none of them could smell it unless they were in the cloakroom where the tray is, where the subbies should not have been. I do have permission to have cats. I have no idea what the photograph was taken with, I didn't even know they wanted to take pictures, let alone that they actually had. As to why the subbie would lie - well, there's any number of reasons - perhaps they wanted to knock off work early, or would have preferred a less dusty job than knocking off tiles/stripping wallpaper, for example. You cant just walk out saying "i can't be arsed doing this any more" or "I want to go back to bed" so youd have to come up with a good reason. I did warn all the relevant parties before they even started that I had cats in case of allergies. As I said, the litter tray/smell problem is not really the issue for me - had they said something to me Id have cleaned out the tray there and then and put it outside, but I do understand why there might be embarrassment or trepidation in asking since one wouldn't know what kind of response one would get.. again, that's not really the problem. As to where I'd expect the contractor to relieve himself - well that's not really my problem to be honest, it is more than just common courtesy to ask someone before using their toilet - I don't particularly want someone elses urine spread all over my toilet seat (we all know that a lot of men are not very particular about lifting the seat before they go, or cleaning it if they don't), nor do I want to sit where an unknown person has sat their bare arse cheeks before cleaning it, so yeah, it is necessary to ask before using someone else's toilet. My particular problem here is that because the photograph/s were taken without my permission or knowledge, in a place the contractors were not supposed to be - I have no idea where else or what else was photographed. Since I was not given the opportunity to see these photographs, I have no idea whether the photograph taken was actually my litter tray, or maybe something taken from the internet and sent over - my litter tray is regularly cleaned, and wasn't particularly well used at the time, since the weather has been good and the cats have been going outside as they usually do when its not raining. Yes, I am very keen on getting a new kitchen which is why I am particularly vexed that it has now been held up because of a very minor issue such as this, which could have been sorted out with just a word or two, which would also have avoided the HA representative being involved - the contractors came at 8.30am, stayed 10 minutes, then left for an hour to go get supplies. While they were out I rang their supervisor to ask when they'd be back since I needed to go out - he could have told me then, on the telephone, thus avoiding the unnecessary embarrassment of talking to me face to face, but nothing was said, the contractors came back, stripped off the wallpaper and left saying theyd finished. EDIT: The supervisor attended with the subcontractors at 8.30, left with them 10 mins later, and did not return. If the smell was bad enough for the subbies to complain about, surely the supervisor would have smelled it too when he stood in the kitchen for that 10 mins discussing what was needed.
  10. Hey No, I knew nothing of the issue until the phonecall from the landlord. The subbies left just after midday saying that they'd finished stripping the wallpaper and that the electrician would be around tomorrow. The housing association guy hasn't been around to inspect - just a telephone call. The housing association guy told me that I had until tomorrow afternoon to sort out the issue out or theyd call in contract cleaners to come and do the whole house and charge me for it. He stated that it had to be "clean enough for normal people to come round" - he told me that I was breaching the terms of my tenancy agreement if the house was not kept in a clean and tidy state, and that none of the subcontracters were willing to come into my house until the issue was sorted out. All this over a minor smell which wasn't even noticeable in the room they were supposed to be working in. Obviously its not a huge problem to just change the cat litter - which I have now done, my main issue is whether it was legal for them to take unauthorised pictures of that and who knows what else without my permission or knowledge. I have no idea what else they did or where they went, and I will be ensuring that they are closely supervised every minute they're in my house from now on, since they quite evidently can't be trusted on their own. EDIT: I didn't give them permission, nor did they ask, to use the toilet where the litter tray was located, and the door to that room and the utility room were both closed. I was in the house 90% of the time they were there so they had plenty of opportunity to ask.
  11. Hi all! Is it illegal for a subcontractor to take photos inside my house and send them to the landlord? For a bit of background/detail - I am finally (after five years of waiting) getting a new kitchen in my Housing Association home. Today one of the subcontractors took a photograph of my cat litter tray and sent it to my landlord claiming that there was a smell of cat urine and faeces which made it intolerable for them to work in my property. I have several issues with this - firstly I was totally unaware that this had happened, I was not asked permission by the subcontractor for him to take any photographs, nor was I aware that this had even happened until I received a telephone call from my landlord regarding same. Secondly, the cat litter tray was in the downstairs cloakroom - separated from the kitchen in which they were supposed to be working by a utility room and a closed door. The smell from the tray is minimal and was not even detectable from the kitchen, which was the only place I was aware they were in. I did not give them permission to use the toilet, nor did they ask. Thirdly, because I was totally unaware that any photographs were taken, I have no idea how many were taken, and of which parts of the house and/or my personal property. Is what they did legal? and if not is there anything I can do about it.
  12. Hi I have a strange problem with Three Rivers District Council regarding Housing Benefit. For a little background.. my daughter moved into student accommodation in September 2012. She moved back home shortly after her 19th birthday in December 12 because she had been kicked out of her student accommodation and had nowhere else to go other than come home. This meant that she had to continue her level 2 electronic engineering course via a distance learning arrangement which she agreed with the college. She continued with her studies via the college website and visiting the college at least once a week, and during the half terms to do her practical assignments, and eventually passed the course with a distinction. I was under the impression (due in part to discussions with the jobcentre the previous year) that I would only be able to claim child benefit until she was 19, therefore I didn't see the need to advise anyone of her return to the household. In April the "bedroom tax" came in and I was penalised to the tune of £16 and some odd pence because I had a spare bedroom since so far as Three Rivers was concerned my daughter was no longer living at the property. Due to various financial and health problems I was a bit overwhelmed with trying to sort out other important issues and realised in August that I hadn't actually yet told the Council that my daughter was once again living with me. I obviously corrected that as soon as I realised, and within a few days the council asked for a review of my circumstances so that they could review my claim. I completed their form and returned it to them, again advising them, amongst other things, of my daughters return to the property. There was much tooing and froing of documents from the council with their requesting various information in dribs and drabs over the next few months, but finally by November they had completed their review. In it I was surprised to see that from the period April 13 to August 13 they had not only included a deduction of £13.16 for a non dependant deduction for my daughter (which deduction had been backdated to January 13 when my daughter moved back in and continued until September 13 when she started at a local college for her level 3 engineering course), but also had applied a deduction for an extra bedroom, which my daughter was now occupying. I of course queried with them how, from April to August 13, my daughter could both have been living at the property and apparently not living at the property. Their response, received on 7th January, was that since they were notified late of an "advantageous change" they would not go back to April when the bedroom tax was brought in. Is there anything I can do to change this quite frankly ludicrous situation where my daughter was both here and not here at the same time? Or is their "advantageous change" thing set in stone. I also find it quite disgusting that although my daughter completed six months of her course via a personal distance learning arrangement with the college, and indeed continued on to pass her, quite frankly, difficult course with the highest pass she could get, that the Council will not assess her as being in full time education merely because she was not physically attending the college premises full time. She had actually started the course at the college but due to circumstances totally beyond her control (and part of those circumstances was that the local Council to the college refused to give her any Housing Benefit help towards getting different accommodation) she had no choice but to return home and continue her education as best she could. I doubt that anything can be done about this - but if anyone has any ideas about that I'd be grateful to hear them. ((EDIT: She had, from January 13 until the end of her course, been in continuous and constant contact with her various tutors via the college online facility (Moodle) and by telephone and email so that she could continue with her course. She also attended at the college building every Monday and for the whole of every half term to carry out her machining and practical assignments - does this not constitute supervised study?))
  13. After posting that, I had a wee browse of the other threads in this forum and discovered reference to The Council Tax (Administration and Enforcement) Regulations 1992 45. Distress (3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with. Which basically means they can't refuse to take the account back if I make an offer of repayments (considered "tender"). Armed with this regulation I got back onto the recovery officer who seemed a little confused about that and so passed me up to her supervisor. He looked at the case, and argued a bit, but in the end actually agreed to take back the debt from the bailiffs so long as I paid their charges to date. He said it caused difficulties with the bailiffs if they took accounts back while the bailiffs actually had outstanding charges and this is why they usually dont take the accounts back, but so long as I paid their fees and as soon as that was done they would agree to take the account back and accept my offer of payment.
  14. Ok, well I've been on to the Council this morning to explain my situation (single parent, disabled child, health issues etc) and make an offer of payment. Theyve told me that because the bailiffs have already started work on the case, i.e. visiting me yesterday, that they can't take the account back, but that she would contact the bailiffs and instruct them to accept the offer of payment that ive made. Is there anything I can do to make them take the account back? or is she correct in that they can't take it back. I have to ring the bailiff in 10 to 15 mins to arrange the repayments.
  15. I still have no clue what to do next though :\ I can hide the car, not let them in, but at the end of the day its not going to go away until I contact someone to discuss it - Im presuming the council is the first port of call. On their website it says that the liability order enables them to recover money directly from my wages or benefits. It goes on to say that in "extreme cases we may have to take your possessions." They haven't made any attempt at an attachment of earnings order - which, to be honest, although not ideal, would have been a lot better than sending round the bailiffs. I cant see how my case constitutes an "extreme case" - I was in contact with them up until just before Christmas then it just all got on top of me and I went into meltdown. I have to start work at 6am and they don't open till 8, so Im going to be stressing all day at work, wondering whether theyre breaking in or something
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