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SarEl

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SarEl last won the day on February 19 2011

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About SarEl

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  1. Virgin net v. Herbert - the original EAT was, I think 2002/03, and went to the HIgh Court, I think, 2005, established that contractual notice did not count towards the qualifying period but that for the purposes of calculating the one year qualifying period the test was 51 weeks plus a weeks statutory notice = 52 weeks. The claimant actually lost the case because they were attempting to include contractual notice.
  2. So - is the problem that you are not hitting targets or that you work with women?
  3. True - because unfortunately there is "smoke without fire" as we all know. I am not huge fan of CRB checks for a whole variety of reaons, including the fact that police records are not as accurate as they ought to be. Unfortunately, I think it is a case of there being no "right answer". Like Atlas - I might deplore some of the wrongs it has created, but as a parent I think differently. Mind you, given my daughter was brought up "right" she doesn't need to ask for CRB checks. She was taught to kick them in the g....s, gouge their eyes out, and ask questions later. So no worries there!!!
  4. That is true - but it does not mean that the employer should be unfair in their decisions. Only that they cannot be challenged as unfair dismissals (unless for sex, race other factors).
  5. Possibly. The whole thing is complicated by the (possible - not sure about that) fact that the contract is already in place - allegedly. In such instances normal practice is to assume one weeks notice. Continuous employment does not start until you have actually turned up for work - but contract law does not need continuous employment.
  6. Not necessarily. I know that sounds daft, but it isn't. You do need some legal advice here.
  7. Even if the job was unconditional, they can withdraw an offer giving notice. Staturory notice is one week, it's more than a week from the start date, so you aren't entitled to payment. In short - yes, they can. Sorry
  8. Sorry - you are correct - and not! It does not matter whether he was charged. The arrest is relevant intelligence and shows up on an eCRB
  9. it would help if you explained why you are asking. The explanation provided here is partial - the facts matter!
  10. ACAS cannot help here - not that they can help often. You need legal advice. It isn't clear here who owes who what or what has been done.
  11. Hmm. Frivolity over? This is serious and it's nice to see someone on Facebook who deserves sacking. Go to the union - this is disability discrimation and having done the " informal route" ir really is time for the heavy guns. It may be a store of 14 people, but I bet the company take it more seriously. Just make sure that everything is in writing - download copies of the pages, and put everything in writing. And by the way - the doctor is being lazy. Being over 18 does not ever mean they can't make a diagnosis.
  12. Personally I am a kleftiko fan But I agree with the sub-forum idea - perhaps we could name it after another part of the anotomy more appropriate for people who post their work problems on it?
  13. I am afraid that there is a legal technical term for this - screwed. Sorry, but you have shut the barn door after the horse has bolted. The messages were in the public domain - that is how the other staff were able to sit around during their lunch breaks and gossip about you. Gossip which I regret to say, you brought on yourself. So if this is flavour of the month, you really have no cause to complain about your employer allowing it - the staff are doing what people do when they have time on teir hands (lunch breaks) and having a good old gossip about what you put "out there" for them to gossip about. What you attempt as a mitigatio is your concern, but my advise would be that if you go in there blaming everybody else for what you did, you are very likely to be dismissed. If you had poor training, you should have taken this up with your manager - not the entire world on Facebook. You complain that others have gone behind your back to complain - isn't that just what you have done? If you have made mistakes, then you have made mistakes. It might have been handled better, perhaps by your colleagues, perhaps by your manager, and also perhaps by you - but they are still mistakes. Looking at this from the employers point of view, you seem to be nothing but a problem for them - and you do not want to come across in that way at a hearing by having a go at your manager for not having you trained properly, your colleagues for complaining about mistakes to your manager etc. etc. And raising all this now, after the event, is going to make it look like you are making up any old excuse to get yourself out of this. My advice would be to own up to being stupid, say that you regret your actions and plead for them to do anything other than dismiss you.
  14. This of course only means that you are able to make a claim - not that you will win one.
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