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Offkey81

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About Offkey81

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  1. This statement above is not grounded in reality, as there are clearly strong c.d cases. Your value system is slightly skewed in that case, just like your c.d figures are by unrepped claimants. Further, I dont have any issues with my data being challenged, I clearly stated it was anecdotal from judges (serving). Unfortunately, I dont live with the judges so you cant question them right now. I'll tell them to back up their claims with facts next time (the fools). Your making this a tad ludicrous, I cant really understand why.
  2. http://www.cipd.co.uk/NR/rdonlyres/18FC766D-4F3A-4F09-BA7A-FE071CFBCDAD/0/hrinformlawupdate201202.pdf gives a good explanation of caselaw in the area
  3. Im all out of option now I am afraid, hopefully the others currently viewing the thread will get back to you on the stuff I have confused myself on eg. notice. Good luck
  4. Hi shazza, Do you work 7 days a week? sorry if you answered it I just cant see it. Whilst I understand what your saying these situations are usually best resolved through negotiation (I know that sounds weak but hey ho). If you can put these points to them and get reasoned responses it may help. Someone else may have a better option or idea. As for notice, if its not stated in your contract its usually whats 'reasonable' in most cases I think, I may be wrong on that (because in cases where the change is not permitted by contract - seemingly unlike your case - it would usually be your statutory/contractual notice period but I am a getting a tad confused on this) - I know that doesn't really answer it so apologies. Again someone else may have a better idea than I on this Maybe I should jut add that we, as yet, dont now the contractual position of your colleague, her contract may be different to yours and may be why they are trying to please her more, she might even have some reasonable adjustments in place due to disability, hidden or otherwise that they canot discuss with you.
  5. Emmzi - The point I was making, maybe not that eloquently, is that this person could have a good case, they might not, but they could. ACAS cant/shouldnt be telling them the strength. Simply putting someone off getting professional advice with figures skewed by people who never receive professional advice is not the right way to go (but thats my opinion). This is even more important if they can get it free from insurers or law centres especially if this is something that THEY wish to take action on (not a decision you or I can make). The details provided ( although there is a bit there) does not cover there whole situation as the OP talks about back story etc. as such, to blanket answer the question without considering the finer details seems inappropriate to me. Especially when it is potentially not just a constructive dismissal case which the ACAS adviser MAY not have recognized or even be aware of. As I said on a previous thread, I am not here to argue or usurp your position as a regular poster, just to put my opinions forward which will hopefully give a rounder picture than just one person answering a question...........is that ok with you or should I just not bother trying to help.......I thought this was a community thing......I must be wrong.....although your signature indicates I was on the right track with the response I gave above
  6. No wonder there are not more people 'trying' to help others in here because if you do (and others dont agree with your approach 100%) it gets a bit weird - All my questions were valid and gives a better picture of the circumstances than just saying (its all about the contract) as my answer above shows. relax, I am only trying to contribute and not take your places........
  7. Hi Shazza, Your contracts a bit of a stinker I am afraid, covers the employer pretty well it seems. The question is an objective one, is it a reasonable change? that depends but they seem to be in a strong position. As Emmzi states, Customs and practice is difficult especially now we know there is an express term in the contract allowing a 'reasonable' change. At this stage, I would probably say its best to arrange a informal meeting with the boss and explain your concerns especially in relation to any duties you have towards your father, this is not a legal thing where you can force them but it would hopefully pull on his heart strings (if he has one) and may influence whether the change is a 'reasonable' one in their view. I would suggest this should be about persuasion. If you are an employee (and with your length of service) you have some protection if you wanted to raise a grievance about it as they couldn't just bin you off without a potential claim for unfair dismissal but if your employer is not nice they can make things, shall I say, more uncomfortable for you there, although they shouldn't. The only other option I could see is a flexible working request but that is simply a request to change your hours that they must consider, but they can always reject and can take 12 weeks or so to go through properly.....so could be a huge waste of time, but at least it gets them thinking about your issues and it and can be less likly to get a hostile response from the employer. Happy to answer any questions you have on the above. However, are you stating that you work 7 days a week? half days or not? as you may be able to use the working time regs to influence them
  8. Agree with Sidewinder and his proposals although, I dont think ACAS staff are not allowed to comment on strength of a claim..Constructive dismissals are very hard and should only be pursued if legally repped I would say. Although this 3% gets talked about a lot, the judges I have spoken to state 'as high as 40%', but this is anecdotal, they are at tribunal so does not include withdrawals, settlements or strike outs and the sides are repped. I would think this would be more a material detriment case under TUPE instead of a standard constructive dismissal see tapere vs west maudsley etc. However, TUPE is as complicated as constructive dismissals are difficult to win, I would seek professional advice if this was to be pursued in a tribunal or any drastic action is going to be taken especially in light of the above and fees etc. Call up your insurers car or home as you may be entitled to free legal advice etc. (sounds strange but is true)
  9. renegadeeimp - without further details I cant see how you can state that, but hey-ho. That is why I stated it depends on both contract and rate of pay unless I have not read something as I skimmed - also I would still like to see the evidence, not being funny or owt - I have added another link to post 8 about time work also can I nick your signiture
  10. renegadeeimp - please show me evidence. https://www.gov.uk/overtime-your-rights/overview https://www.gov.uk/minimum-wage-different-types-work/paid-by-the-hour also here are thee payments that can reduce nmw (although not applicable to the OP) and these apply in england aswell - http://www.nibusinessinfo.co.uk/content/deductions-and-payments-workers-do-not-reduce-national-minimum-wage-pay I wont go on because I dont wont to hijack the thread
  11. Answers are not 100% correct above. It all depends on the contract and rate of pay. You should never (some exceptions) get paid less than national minimum wage rates. They are currently 21 and over £6.31,18 to 20 £5.03, Under 18 £3.72, Apprentice£2.68. If, for example, she is over 21 and only on 6.31. She can do no overtime if it is unpaid (or work related training). However, her contract could allow her to do free overtime (or work related training) if she got paid over mimimum wage e.g. if I work 1 hour per week but get paid double national minimum wage 6.31 x 2 = 12.62, every week I can be required to do one hour free overtime if my contract says so, as 12.62 divided by two hours = 6.31 therefore I still meet national minimum wage even though I work 1 hour 'free' overtime.............I hope I explained that clearly enough wage rates as of october 1st 2013 are used above
  12. Hi Shazza, How long have you been working for your employer? this would effect your 'rights' somewhat and maybe how you move forward on this. Are these contracted hours and what does your contract say about hours (if you have one)? Are there any reasons why working different hours is difficult? e.g. care responsibilities etc. I would suggest trying to arrange mutually convenient days with your colleague. If this is a no-go, normally the first step is to discuss your issues with management, if this does not work you could then raise a grievance (a simple letter to your employer headed grievance) outlining your issues. However, depending on your answers to the first three questions raising a grievance could be dangerous (it shouldn't be but can be especially if your employer is not very nice).
  13. You need a years service for constructive dismissal and also need to be an employee and have to resign. Secondly, the agency worker regs state that you get the same rights to pay and holiday after 12 weeks but it shouldn't help you either. Also, those weeks only start running from 1st October so you havent completed them yet. The agency are probably doing this to avoid the regulations (maybe fairly). do other people work there doing the same job but on better rates? Further, being called self employed and invoicing doesn't make you self employed, there was an horizon or panorama show on a few weeks ago that explained this simply and very well - should be able to find it on iplayer - if you want a better explanation just ask but it ma not help with your current query.
  14. Your in a difficult position. Other than grievances I cant see any legal action you can take while still being employed.What would be your ideal outcome? as If you wanted to stay I could only think of trying to resolve this matter with all informally or by raising grievances, but as you probably know, this latter option can cause more conflict than it resolves. Instead of mediation, you may want to put forward the idea of arbitration, but this is to decide something and unless there is an issue to decide on it may not be appropriate. Other than that I am stuck. If you wanted to leave it may be a good idea to raise the idea of the compromise and outline the strengths of your case in order to negotiate more money (plus speak to the solicitor they should pay for).
  15. True agency workers have very differing rights to employees. The difference between the two (generally) in law is mutuality of obligation. You will probably find that the employees have set contractual hours with no lay off clause, therefore if there employer says we are not opening this week, they still must pay the contractual hours. Agency workers generally have no obligation to perform hours or be provided with them, therefore lacking that obligation mentioned earlier. Your contract should have the answer, you may want to take it to a Citizens advice burea..........just remember, if you are agency you can usually be sacked (or just not given hours) very easily with little or no comeback, whether you have worked there 11 months or 5 years. True agency workers cant claim unfair dismissal after 12 months (I add this purely as you talked about 11 months). There are new agency worker regs, giving you rights to equal pay and holidays come new year (some rights are already there e.g use of facilities), but I dont really know if they will help you if this happens in the new year, someone else may know or you can call ACAS. Also, many agencies are getting round this with sweedish derogation but this a different topic.
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