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DEEJAYEMM

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Everything posted by DEEJAYEMM

  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.
  16. A friend of mine asked me to check his Loan Statement on a loan he took out from HSBC 17 months ago . I was shocked to see that the interest rate applied on the account was 15.9% !! The loan was for the amount of £7650 over a 61 month period (which seems an odd term as on their Web site you get a better rate if the term is between 1 - 5 years !). He has a good credit score. Does he have any right to say he was missold a loan at an excessive interest rate and over a odd period which in effect more than more than doubled the interest rate payable (using todays rate as an example 6.4% as opposed to 16.9% !). Any help appreciated.
  17. A friend of mine asked me to check his Loan Statement on a loan he took out from HSBC 13 months ago . I was shocked to see that the interest rate applied on the account was 15.9% !! The loan was for the amount of £7650 over a 61 month period with a monthly repayment of £181.39. As the loan was over £7500 I feel that this is excessive. He has a good credit score. Does he have any right to say he was sold a loan at an excessive interest rate. What was the interest rate on a HSBC loan of £7500 in Sept 2010. Any help appreciated.
  18. I was speaking to a friend over the weekend and he brought up the subject of holiday pay. He is a electrician and works for a small company (7 employees). He has been with the company for 6 years (under PAYE) but does not ever remember having a written contract. He told me that he only gets 14 days paid holiday (plus Bank Holidays), 4 of which must be taken over the Christmas period. He mentioned that when a colleague questioned the company boss about the why they were only paid for 14 days he was told if he didn't like it he could "lump it". In law, is there a minimum number of days that the company are obliged to pay?
  19. A friend of mine ( he's 58) is on Income Support and did 10hrs work yesterday at £6.50 p/h. Am I right in saying that when he informs the Job Centre of this his Benefit will be reduced pound for pound?
  20. My father left my mother over 25 years ago and has never paid maintenence or any of the mortgage (which has just been paid off) since then. She has never got divorced for religous reasons. She is now 82 and quite ill. In the event of her death will he be entitled to all/part of the property as it is still in joint names. I look forward to your advice.
  21. My father left my mother over 25 years ago and has never paid any maintenence since then. She has never got divorced for religous reasons. She is now 82 and quite ill. In the event of her death will he be entitled to all/part of the property as it is still in joint names. I look forward to your advice.
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