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DEEJAYEMM

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About DEEJAYEMM

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  1. Just a quick question. I know that if you win at an Employment Tribunal you have to pay back any welfare benefits you have received. Does the same apply if you settle for an award brokered through ACAS or if you settle with a copmpromise aggreement?
  2. If an Employer refuses to give details of documentation that's relevent to a case, can an Employment Tribunal issue an "order of discovery" to make them release the information if they think it is relevent?
  3. A friend of mine has worked for the same constuction company for 6 years. On Monday he was handed a written contract for him to sign (he never had a written contract or Statement of Employment Particulars before) which includes "The Company reserves the right to introduce a period of temporary lay-off without pay where necessary". Can they do this?
  4. I am helping a friend deal with a claim for unfair dismissal through an Employment Tribunal. He has received a letter from the ET asking him to "set out in writing what remedy the Tribunal is being asked to award". Are they asking for a "Schedule of Loss"?. If so, is there a good template on the internet.
  5. If an Employer dismisses an employee at a disciplinary hearing, without informing them they had a the right to be accompanied by a Trade Union representive (he was told once in writing and once verbally that he could ask a colleague to be present), would an Employment Tribunal automatically find this dismissal unfair ?
  6. Am I right in saying that even if you are employed with only a "verbal contract" the employer must issue a "Statement of Employment Particulars" after a period of 2 months ?
  7. If an employee is TUPE'd over to a new employer do they have to, BY LAW, issue a new "Statement of Employment Particulars" ?
  8. No real fact finding interview. He was told of the alleged offence, which he admitted immediately, and was then suspended. He's not denying the offence but the severity of the punishment
  9. No re-instatement !!. He feels that they did not take into account he previous good character and work record as they dismissed him immediateley at the Disciplinary Hearing. This infers they they had already made up their minds to dismiss him and did not consider a "Range of Reasonable Responses" (Burchell Test) e.g. written warning.
  10. He is taking his case to an ET to argue his case against gross misconduct. Under ACAS guidelines his offence is not serious enough to be considered gross misconduct. They are arguing that because it is considered gross misconduct in the "Employment Contract" they have that right. I am just wondering that because he did not sign any contract, when he returned in 2006, can they enforce it ? By the way, before theis incident he did not have any varbal/written warnings on his record.
  11. Thankyou for your advice. He did not re-sign the contract in 2009.
  12. They are trying to use the "Terms and Conditions" in that contract against him in a disciplinay matter. Are you saying they can't ?
  13. A friend of mine is having a dispute with his ex-employer and is taking them to an Employment Triunal. He wrote to them last week asking for a copy of his "Employment Contract" and "Statement of Particulars". The copy of the Employment Contract they supplied (they did not supply the SoP) was dated 2003. Whilst he was indeed working for the company on that date, he left the company in 2006. He did not return to the company until 2009 AND IN A DIFFERENT ROLE. In these circumstances, should they have issued him with a new contract ?
  14. Just a quick question. Do all full time employees HAVE to be given a written contract? If so and the Employer refuses to issue one what is the case when disciplinary action is taken?
  15. Does anyone know what the interest rate on a personal loan (£7600 over a 5 yr period) from HSBC should have been should have been in October 2008.
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