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Posts posted by rupert9bear

  1. Ok , time to own up


    Have been a union rep for many years and won more cases than i have lost - also just got my diploma in employment law


    Used to use this forum as a good source of advice - twice i have use fictitious problems as "test cases" to see what advice people of here would have given , both times i have received totally the wrong and often patronizing advice about cases i have won in the work place - i used to tell my colleagues to use this forum as a good source of advice , no longer


    anyways , good luck all and whatever ....

  2. I'd agree except:

    a) negotiate if you have commitments on that day off, or you'll breach EWTD. Otherwise, since you'll be getting TOIL, it is no longer a day off........

    b) If it is public sector / 3rd sector, and they've discovered they are in breach of providing some mandatory training, their regulator or commissioner may be insisting they (rectify the problem or provide a plan to rectify the problem within some timescale). If they don't, they may lose the contract / lose their registration.

    So I agree it is inconvenient for you, but you are getting TOIL, and they may have an over-riding pressure to fix a training issue to protect your and your co-workers jobs .....


    So I went and had a chat with our senior HR person who was a bit concerned to hear that staff were being told they had to do "mandatory" courses on days off , especially when they had fulfilled there contractual hours/ training commitment (at a CQC inspection we were slated for a "bullying culture" by managers ) So end result , I obviously have to do the courses but it will be done in work time when I am on shift :)

  3. I agree with Sangie.

    Why? Because of the OP's last paragraph.




    a) mandatory courses

    b) it is no longer "your own time" if they are offering TOIL.


    The best you can do (if you don't want to risk dismissal) is make your case for when you have to do the training. If you already have other commitments on specific days off, or them asking you to do the training on specific days puts them in breach of the EWTD : make your case for the training to be deferred from those days.


    thanks for the replies - we have a relief factor built into our rotas which is meant to cover staff for things like this , but suppose ill just have to suck up and do it . Seems a bit of a liberty though that when training days are incorporated into a rota and your contractual hours that even when you have used your training days that they can just label a course "mandatory" and tell you that you have to do it on a day off ..... never mind I can retire in 2 years with a 31 year pension so no big deal :)

  4. Hi,


    I work a 6 week rotating rota - contract is 37.5 hours a week . Every 15 weeks we are given a "training day" which is 11 hours ( our shifts are 12 hours) . So around 2 1/2 training days a year which we are paid for and are expected to use to cover various mandatory and voluntary courses related to our line of work . It is our responsibility to arrange this training and if you start to owe the company training days e.g. not using them , they can tell you when and what you are doing as you owe them these days as your paid for them !



    Anyways i am a good boy and use my training days as soon as i get them and more to the point i do not owe any training days until 2019 ! (we can carry them over as "credit" )


    Now we are getting a barrage of emails telling us that we have to do two MANDATORY training days in the next 2 months - i have highlighted to my managers i will obviously attend but only when i am roistered to work , i am being told this is not allowed and that i will have to attend and i can have it as ToiL


    Before i start getting into a big row with them (getting no replies from union reps ) , am i in the right here or could i be forced to attend these mandatory courses in my own time ?

  5. UPDATE :


    Emailed my points above to a senior manager who agreed that the 6 month delay in the deduction was unacceptable and has advised payroll to refund the days pay


    PS : the reason we have a "nanny policy to check on people when they dont turn up for work " is unfortunately in the emergency services we have higher than normal rates of PTSD and suicides :(

  6. Just so I am really clear - you want to be paid for a day's not working? Is that correct?


    If it was your company, would you pay you?



    I understand the not getting paid bit , my "defence" is that i was told it would be deducted at the end of December and after i highlighted to my line manager on how they had not followed there own policy when someone does not turn up for a shift and that other people have just had a day deducted from there leave entitlement , rather than a days pay deducted ....as the money was not taken out at the end of december i assumed it had been resolved - i couldnt confirm this as said manager has been off sick for the past 4 months


    After speaking to another manager he cant give an answer as to why payroll were only told about it 4 months after the event, it seems someone just forgot to send the email . but also admitted that to not contact someone until 6 hours into a shift was unacceptable and should have been done much sooner - not just because i should have been at work but for welfare reasons..


    If a member staff does turn up for work when they are meant to be on duty , its common place to send someone round to where they live if they cannot be contacted by phone - but normally within an hour of there shift start ......and that is done by our resourcing centre - not someone sending a message half way through the day to your facebook account ...

  7. I may be on a loser here but will try and explain as short as possible November 2015 I thought I was on annual leave but was contacted half way through the day by my workplace to say I was meant to be at work . I said I was on leave, but was told I had cancelled it 7 weeks previously - I had genuinely forgot that I had cancelled the leave . So when I returned to work the following day I had a meeting with a manager and he told me I would be deducted a days pay , my defence was that If I had been contacted at the shift start time I could have been at work in under 30 mins , had a late report and not a days pay deducted . Staff who don't turn up for work are normally rung within 15 mins of a shift start to find out why they have not turned up - I was not contacted for 6 hours The pay was not deducted , so I assumed my defence had been taken into account fast foreward to the payday at the end of april 2016 and I see I have had a days wages deducted. I contacted payroll who tell me they only received the paperwork in the middle of march ! So I had a days wages deducted from an incident more than 6 months previously with no warning ? Worth putting in a grievance ? or should I just suck it up seeing as I was the one who forgot I had cancelled my leave but my resourcing team failed to contact me until half way through the day to ask where I was ?

  8. Hi,


    I put in a SAR to Lloyds bank even though I closed my accounts with them longer than 6 years ago .


    The records sent back by them show that I opened my account in 1993 and closed my current account in 2001 ?


    but also showed I had a loan which I paid off by 1999

    and then another taken out in 2000 which I ended up being dealt with by BLS collections ,


    Backstory as short as possible :

    back in 2001 I decided to get control of my finances

    and got in touch with CCCS who set up a debt management plan with my 5 creditors

    - 2 of which were Lloyds bank

    - one was for my overdraft which was approx. £1200 overdrawn

    the other was for a loan account for a loan I took out in 2000 for £7500 .


    After about a year of threatening letters , phone calls and masses of bank charges for the overdraft

    and non payment of the monthly loan payments,

    they accepted the debt management plan

    (the other creditors egg , Barclaycard and mbna all accepted the debt management plan

    and stapped all interest and charges straight way


    - Lloyds refused to to for around a year adding constant OD charges, non payment of loan charge etc etc etc ) ,


    I paid off all my debts by 2006 after taking a job abroad which paid good money

    and saved up enough to pay off my final debt which was to Lloyds

    - I remember I owed around £3500 and they gave me a settlement figure of £3000 .


    Now , the paperwork from my SAR to Lloyds confirms I had PPI on both loans

    and has given me the account numbers


    - would it be worth trying to claim the PPI back on the defaulted loan

    that was dealt with under the debt management plan

    or could they just say that any ppi payout would be owed to them for the interest etc on the loan ?


    also the masses of charges they applied to the account for the overdraft fees, letters etc could i claim on that ?

  9. Thanks for the replies I will get TiL for the days I have to attend court from my main job and stood down off any shifts I am working , but the second job I do - I get offered shifts in advance which I cant confirm due to the trial . They keep changing the dates I have to attend and basically don't want me to book any holidays etc for the next 6 months which is a pain . But as highlighted looks as if I have no option but to attend :(

  10. I have been sent a Notice to attend court as a witness , its at crown court .



    I spotted an intruder in my work place ,

    alerted a few people and he managed to escape before caught .



    The police later arrested him as he was known to them (serial offender) and has been charged with several offences .



    I have been given a date to attend court and have had to do a statement ,



    but now dates keep being changed and as I do two jobs this is affecting my income,

    as I cant confirm shifts that are being offered to me as I have to keep dates free to possibly attend court .



    As I have already given a statement - do I have to attend court as a witness or can I decline ?

  11. This is a long shot but wonder if anyone could advise



    I had a £7,000 loan from lloyds with PPI .. if i remember rightly it was around 2000 . i fell in money problems - basically living off credit cards , fell behind with loan repayments and ended up around £1000 overdrawn which got bigger and bigger with the constant charges , and fees for letters to tell you , your were overdrawn


    after burying my head in the sand for ages i finally set up a debt management plan with CCCS to pay off the lloyds loan, overdraft , MBNA, egg and barclays. Lloyds refused to accept if for about 9 months (the CCCS advisor told me this would happen, even told me which depts would write to me and what colour the letters would be !! )


    so for 9 months masses of charges were added to my account , every month they would debit for the loan repayment, PPI and missed payment charges etc , then finally they accepted the DMP - by now with around an extra £1000 + added to my overdraft !!


    i slowly paid off everything with my DMP and slowly just had LLoyds left to pay ( i upped payments and as one creditor was paid off , assigned the rest to lloyds. ) This took about 5 years to pay off and i came into a bit of money and asked lloyds for a settlement figure which was around £3600 - as i had kept up my DMP, upped payments etc they rounded it off to a final payment of £3000 , which i paid.


    would it be worth doing a SAR to try and claim back the charges, and PPI - i would understand if they no longer had any record of me - but if they did have details of my current account and loan account would they refuse to pay anything as both accounts were defaulted and came under a DMP ?


    PS : for the record if anyone is interested Barclays accepted the DMP straight away and so did EGG - MBNA argued for about 3 months but then accepted it , LLOYDS took about 9 months+ before they finally accepted it and stopped all interest and charges

  12. thanks for the replies .


    we have a H+S rep but works at a different site , have spoke to union rep to bring it up , unfortunately has very little power in the workplace as 90% of staff never back them up so management do what they want . When i spoke to our union rep they suggested that there understanding of time away from screens was agreed many years ago as 120 mins per shift - management introduced this 20 min training thing specifically for a changeover to a new computer system which we have now been using for several years and refuse to remove these so called "training breaks"


    what i am basically after is we are expected to spend 20 mins logging off from one pc to then go to the staff room and log onto another one to complete on-line training etc . i notice this from the VDU regs :




    the have had DSE assessors in to check the workstations and they say there fine, although when i showed an optician a photo of our workplace he cringed and commented that it no surprise we have to wear glasses !

  13. Hi ,


    I wonder if anyone could advise.



    I work in a large very busy control centre doing 12 hour shifts. We are in front of 3-4 large PC screens at a time and are entitled to a total of 2 hours breaks in the 12 hour shift - but one of these 20 minute breaks is called a "training break" - where you are expected to log onto a PC somewhere (e.g. staff room) and read up latest bulletins, work updates etc


    This training break was introduced about 4 years ago when we had to change over to a new computer operating system , that once we had completed the 4 day training course we had to practise using it for 20 mins every day before it went live (they had to train around 450 people and the new system did not go live until about a year after i had my training , so it made sense to have to play with it for 20 mins each shift )


    This was brought in with union agreement i hasten to add


    When this new system was brought in a lot of us highlighted that the font was too small but we were told nothing could be done to change it (this system cost around £23 million ) . Since then a lot of us have now had to start wearing glasses with VDU lenses (we can claim back some of the cost for a yearly eyesight test/lenses) and each year my eyesight has worsened


    so basically i get 5 x 20 min breaks in a 12 hour shift away from a PC screen - i have been told that with VDU regulations i should get a total of 120 mins over a 12 hour shift away from a PC , but with the 20 mins i have to use as a "training break" this goes against that ?

  14. UPDATE -


    Employee was dismissed with a months notice on capability grounds , as the employer could not assure her safety at work ( was put on the "re-deployment list for the months notice period- whilst still suspended on full pay - the idea moving the person into a smaller dept with less people would have lowered the risk, unfortunately could not find a suitable job within the organisation, but was successful in finding another job outside )

  15. thanks again for all the replies. The angle the person is going for after work finishes its risk assessment is that nobody be allowed to bring in any food that may contain chilli - unworkable in my eyes as not only is there all sorts of people goiing in and out the building , there is different departments etc


    Also IF the workplace did say "nobody can bring food in that may contain chilli" - what if someone says "no" , i like chilli con carne for my lunch and i am going to continue to eat it at work ? would they be open to discip ??

  16. thanks for the replies all


    the person has been to allergy clinics , GP , occupational health , and a disability adviser who have basically said there is no further treatment they can offer....


    They have only been employed around 2 years , probably a bit less . We do have a pension scheme but not sure how much of a pension they would get for under 2 years and declared unfit to work ? So l looks like they may have to go down the capability route :S

  17. Unfortunately the obligation is to make reasonable adjustments - not to eliminate any threat altogether.


    The case law stipulates that an employer can fairly dismisss in these circumstances if no adjustments can be found. Would working from home be an option?


    Unfortunately working from home is not an option due to the type of work we do , it has been suggested they get put in a smaller office with less people but still dont see that as a viable option

  18. I'm trying to find out where an colleague stands legally in possibly being dismissed for the work place due to a severe allergy ?


    The person in question has a severe allergy to Chilli powder which has worsened since they started work in our office (around 50 people in the workplace) - they did declare they had the allergy when they started employment in the medical we have to have as part of the job- but it has increased in its severity


    They have had several severe reactions at work where they had to be given an epi pen and ambulances called , resulting in several A/E visits. Even just walking into our rest room at work if someone has a microwave ready meal that has a trace of chilli powder in can be enough to start a reaction . They have now been stood down from work (with full pay) whilst the HR dept try to figure out what to do. They have been referred to the OHD dept , there own GP , an allergy clinic and a disability advisor who all basically say there is nothing they can do apart from advising them to take anti-histamines and keep an epi pen with them at all times


    even if they re-deployed them to a different office its impossible to know if someone may walk in that may have had chilli in something they ate ( one severe reaction started after they sat next to someone who had been to nandos for lunch !! )


    Obviously they are now very worried they may be dismissed on capability grounds , one suggestion they have put foreward is that when they are at work people should not be allowed to bring in food that contains any type of chilli powder ? Which i personally think is un-workable ??


    From what i understand the HR dept/ senior management are concerned that as they know about this severe allergy and because it becomes life threatening very quickly they cannot guarantee there safety in the workplace and would be held responsible if the person died etc


    any pointers or does it look as if they may lose there employment due to capability issues ?

  19. Hi ,


    Hopefully this if the right forum for this question .


    I am coming to the end of my fixed two year price with my utility comapny (i get gas and electric , monthly direct debit)



    I now have started to get the reminders that my price plan ends in one month and to avoid any increase for the next 2 years etc etc etc


    if i dont change o automatically go onto there variable rate plan


    are there two 2 year guaranteed fixed price plans a bit of a con ? ,



    as i assume they are charging a higher rate so they can guarantee no price rises but on the flip side the prices could go down as well

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