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Pokgam

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  1. Kool, thanks for the advice. I'll keep you posted, its always good to keep abreast of new legal developments as well. God bless and Good night. PokGam.8-)
  2. Hi again, Thank you for your reply, it is appreciated. I have a Legal Diploma In LLB Law which includes Contract Law and I agree entirely with what you've said within the contractual matters but I did not do Employment Law. My friend did, whilst I went on to major in Criminological modules, so I usually ask her in these matters. Clearly, if it was the job who gave wrong info to the Job C in the 1st place, and it can be proven, then that is false advertising, another matter altogether. It is the manner in which they have OMMITTED so much, including info when it should have been given, why they changed their decision not to 'trial' the 6 applicants, if indeed these other 5 existed at all, which by springing on him the 'trial' day the day before his employment was meant to begin, only giving him the hand book then and not being available to query any of it, conveniently, implies a very underhand type of behaviour! There has to be some form redress, whether it is breach of contract or any other type of legal breach, this is wrong! Thanks aain. PokGam
  3. He was not given the contract until AFTER the new job had instructed him to hand in his notice to be able to start for 1st Dec 10, by then it was too late as he would have had no job. Nor was any letter or terms of condition given until after he had begun the job, plus it was advertised as far higher pay and as a Mon-Fri only job. What do you mean by 12 months service requirement? There is a 3 month probationary period with many jobs, including this one and his previous. He was such a good worker that the previous job were gutted to see him leave. Had this new job not been 'misold' to him, he wouldever have left his old job. Are you legally qualified or is this just your personal opinion please? Thank you.
  4. My 24yr old son trained as a chef up to Sous level, some at college and some in job training at a position he held from 2006-Dec 2010. He only left because we'd moved and the distance was too far to keep travelling. He answered an ad on the JobCentre's website, advertised for a chef at elder people's home, £19,000per annum (this was £4,000 more than he was then earning), Mon-Fri (which implies no bank hols). During the initial interview he was then told (by the Head Chef and Manager of the Home) that they were open all year round and in some cases he would be expected to work some holidays, but no defenite times given. This was in end Oct-Nov 2010, so they could have made it clear what any successful applicant would be expected to work but they did not. They also said that there were 4 other staff working the kitchens. It was not specified what staff but as he had been working in a private hospital type residence before where there were several chefs and other staff such as porters and all this had been explained to him then, he had assumed they meant 4 chefs. He was also told that there were 6 applicants, him included and that all 6 would be given a trial day and the decision would be given after that. He was then contacted early Nov and told they were actually offering him the job, although no trial day had been done. He was excited and as they said they wanted him to start 1st Dec, and that they just needed to do a CRB check, he told them he would have to give the current job a, months notice so they said to go ahead and that they could deal with the CRB check more quickley by some other means. When he had done this and went to the new job to fill out the appropriate paperwork he looked at their contract and saw the wages were just shy of 15,000 per annum. When he queried it they said the Jobcentre must have made the mistake. He had no choice but to still accept as he'd handed in his notice and as he said, the bills dont pay themselves!! Then, as the 1st Dec drew closer, the new job said they wanted him in on the 30th Nov as a trial day to familiarise himself with the kitchens. The Head Chef was not there, nor any other chef as it turned out to be only him and the Head chef and he had to do more cleaning than should be expected whilst he's working, including piles of washing up. A huge part of this 'Chef' position is washing up! He has been given virtually no support in his 1st week as to what he was meant to be doing and it was announced on the 30th Nov, with no option that he must work 7.00am-5.30pm Xmas day and Boxing Day!! Of course this year they fall on Sat&Sun so he has not been given the extra pay Bank hols on Mon & Tue would be given. The whole thing is a joke, apparently the Head Chef had already booked her holidays well in advance, as they clearly planned this all along. My son is an aimiable young man and they have clearly picked up on this and quite frankly are taking advantage of him. As he said, if he had been given a trial day before, as they originally said they would do, he would never have taken the job. Plus because he had been under the immpression there were 4 chefs, as in his last job, they all used to work with each other over the holiday seasons to make sure no one person was left with it all. Thats what he thought would happen again. He contacted the Jobcentre today who said they would investigate but the job has been deleted from their system.However there are means to retrieve deleted files anyway. They also said he should contact the Citizen's Advice Bureau. He is seeing them on Friday, and I asked a mate who had done Employment Law and who has a Law Degree and she believes he has a strong case. I cannot get any solicitors who do a No Win No Fee for Employment Law, however. Please could anyone give us any advice. I feel so bad for him as hes such an honest hard working young man and Xmas means a lot to him, but also he did not work so hard all these years to do the washing up!! Cheers to all, Merry Xmas and a Very Happy New Year to All. God bless. PokGam.
  5. Thanks DX100UK, I appreciate your explanation. Im new here so Im still getting the hang of the website. Seems very good so far. Ciao for now. Pokgam
  6. Hi Bazooka Boo, thanks for your reply but I didnt exactly know what you meant. Did you mean that the company (Orange) was 'sucking lemons' as in 'sour grapes' (pardon the puns) cos they knew they were chasing rainbows to try and get me to pay back, eg NOT A CHANCE??
  7. Hi, Im a new member so if this question has been asked before, I don't know where to find the answer. 7 years ago I was touted by a 'phone company to purchase a contract 'phone deal whic turned out to be Orange. I believe the contract was misrepresented to me so when they set debt collecters onto me I told them this and challenged them to take me to court whic they didn't and eventually left me alone although I was ridiculously harrassed for months. It was for £581.00. Anyway I continued to live at the same address for 4 more years and heard nothing from them. The 'phone got lost. I moved out in 2007 and moved into another property for almost 3 more years and then to my current address a year ao. I also became permanently disabled a year after the contract was originally taken out, t he dispute happening with the 1st ever bill. I had had to stop working and have been on DLA and IS for years now and any debt I'd incurred elsewhere I pay via a DMP with CCCS, but its not much. Suddenly, a few weeks ago I recieved a mysterious letter trying to establish if I was who I am as a company, (they didnt say who) was after monies I owed. I rung the debt agency, who were very furtive and unless I gave them my DOB, which I refused to (I did not know who they were), they wouldnt tell me who their client was. I emailed them to say I considered the matter closed then. Today I recieved another letter saying it was Orange and that they believed I owed them this money and wanted to sort it aimacably but if I didnt they would give me to the 22nd Nov 10, with a vieled but no specific threat of what action they would take. What is my legal position on this please?
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