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About geekay88

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  1. If your employer has made you doing your job untenable, it can be treated as constructive dismissal - inform them that you consider yourself constructively dismissed , when you can bear it no more and wish to move on. If you wish you could pursue the tribunal route.
  2. Hello, If you were made redundant they have to pay you in lieu for notice (if there is such a clause in your contract), else you should be allowed to work . Also they need to pay you for your accumulated holidays. From what you mention, it looks like they seem to have made you resign - is this what happenned? Did they offer you an option to appeal against the redundancy?
  3. Even if the redundancy proceeds I believe for the ET to accept the claim, a appeal should be provided.
  4. Hello, If you are signing a compromise agreement anyways for the redundancy payment , Then I believe you should negotiate. If there is an appeal, that should be informed well in advance(1-2 week advance would be ok). You can also outline the points in the appeal against redundancy , pointing out why you feel the redudancy is unfair - it is discrimnatory based on age,a different manager was recruited etc. The "age discrimanatory" remarks point should be put in the grievance only.
  5. Could also someone state if there is a validity in going to ET1, if the appeal itself is scheduled but not attended by the employee?
  6. Hi, I would suggest that the compromise agreement be handled between lawyers on both sides - that is how it usually works(when you give them 28 day notice before pursuing ET1). If you give them an idea right away...they might make manipulations to prove your statements false. Also, you have the right to appeal - you should exercise this before you go to ET1, else your claim might fall on deaf ears.
  7. If your contract mentions a certain amount of notice period on both sides - that is exactly what you need to give them to leave..it does not matter how many months is pending on the contract - lets face it, if they had to get rid of you in between , they too would only serve the stipulated notice as per contract.
  8. Actually my understanding is that while in due course her employment would end on the last day she was employed with the company(in spet 2009), the fact that she was removed and escorted out a month earlier , would be constructive dismissal - since the company had decided that despite her appeal she would not join back...in this case would a tribunal accept the case if the appeal hearing itself was not attended by her (despite being scheduled, due to the bad experience she chose not to attend and go through the whole process again). any thoughts from the experience people here?
  9. The claim is for racial discrimination and subsequent bad treatement - that my wife was particularly disadvantaged because she was a non-EEA national( a racial class).
  10. Hi, My question is - is there any point in the company removing my wife from the premises(including her belongings, like a person's last day at work) and then proceeding to conduct an appeal against redundancy - i,e; had they not decided on her future with the company coming to an end when she was shown the door? The reason being they have now tried to settle out of court for a measly sum - my question is given the situation - that we did not wait for the appeal to be heard and that anyways she would too hesitant to accept the job again because she was removed from the office - w
  11. Hi, My wife was removed from her work place in August 2009, when her notice period started. When she was informed her notice period had started, her office entry pass was confiscated and she was escorted out of the office. We did appeal against the decision and a grievance appeal was filed as well. She was in between considered for a different role.. As a consequence of this the appeal meeting for redundancy and the greivance were postponed. Her company also extended her notice period whilst she was sitting at home. When she got a contracting job offer, we rejected the extension
  12. Hi, I have a small query.My wife is being redundant and she is serving notice,the fact is the day she was issued notice , she was escorted out of the building and she is not in effect working anymore. The appeal is pending and they have isolated a possible role for her( which she will have to interview for with other candidates)..her notice may get extended...if she gets a contracting option(from a totally different company), could she work with the contracting company while serving this namesake notice with her current employer? The current employer is aware they will get sued for ba
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