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RachelMD

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Everything posted by RachelMD

  1. Only if there's contractual provision for them to do so. Otherwise, they should pay you as they do normally.
  2. Follow the ACAS code of practice. http://www.acas.org.uk/index.aspx?articleid=2174 Send it to HR.
  3. Don't Resign!!!!!!!!!!!!!!!!! There's nothing to stop them saying on a future reference that you resigned whilst facing disciplinry proceedings- which prospective employers tend to construe as an admission of guilt on the part of the employee. If you've got a case, fight it. Keep calm, and take time now, while things are fresh in your mind, to write down everything you can think of regarding the whole matter. Wait and see what happens next. Does the company have a disciplinary and grievance procedure? If so, make sure they follow it. (If so, does it make provision for them demanding that you not contact your colleagues?)
  4. Congratulations HHH! Just a word of advice, don't go spending money now,on the presumption that they'll pay you when they've promised to. Far stranger things have happened than for the respondant to inexplicably not pay- yes, you'd get it eventually but that can take a long, long time. But enjoy it when ya get it! Send 'em a postcard if it pays for a holiday.
  5. Do you regret refering to someone as a 'fing dirty queer'?
  6. I don't know, it depends on the employer. But it's not unheard of for employee's to 'have their card marked' merely for asserting a right. Unless there's a specific need for you to be presented with the payslip at the exact time you're being paid, I'd let it slide. Maybe one day you might need your employer to give you a small degree of leeway regarding something.
  7. You are entitled to your pay slip before, or when, you get paid. Is there some important reason behind you wanting the pay slip then? If not, I'd wouldn't suggest kicking up a stink about it.
  8. Yes, is the simple answer to your questions. A worker is A worker is A worker. 'Cept when they're a teenager working part-time the Employer never seems to see it that way.
  9. About your only shot is to put in a letter of appeal arguing that it was stated as a contractual term that a failed secret shopper report didn't constitute GM, and therefore you should have been given your contractual notice rather than having been summarily dismissed.
  10. If there was no contractual provision for you having to pay training fees, then you are under no obligation to do so. Section 15 Employment Rights Act 1996 is the relevant legislation here. http://www.legislation.gov.uk/ukpga/1996/18 Write back and tell them that you are not required to pay this sum. They may well get funny and threaten to sue you, but they'd have very little chance of succeeding.
  11. She would be entitled to at least one weeks notice (or more, if there was greater contractual provision) or pay in lieu of, unless the ER can successfully argue that they had legitimate grounds to summarily dismiss her.
  12. Write to HMRC (good luck with that!), setting out the matter in full and including copies of all your evidence that the pay wasn't received. Sounds like your former employer is up to no good.
  13. Can you elaborate as to why the Employment Judge thought your claim misconceived?
  14. You'd think so. Certainly sounds like they've made a bit of a hash. Don't risk not getting the ET1 in if there's a deadline- you can always withdraw it. They may be trying to 'run out the clock' on you.
  15. Why isn't your solicitor handling all this? That's what they're for! Make them work for you. One thing's for certain- DON'T TRUST OR BELIEVE HR FURTHER THAN YOU COULD THROW THEM- THEY'RE SNAKES!!!!!!!!!!!!!! Although I get the impression you realise that already. It might help if you give a bit of background as to the circumstance of you making a CA with your ER. How strong a position do you feel you're in? ER's wil play silly beggars for all they're worth, but if the CA is to stave off litigation and they know they won't win, they'll probably back down in the end. BUT MAKE YOUR SOLICITOR WORK FOR THEIR FEE! BTW, I presume the ER is paying your solicitors fee here? They should be.
  16. In essence, my situation with the University has nothing to do with my supervisor's current situation so it shouldn't even come into the foray. You've answered your own question.
  17. You need to give us more information really, Fionap. Can you set out the full circumstances, particularly the procedure they followed in dismissing you, and then we should be able to advise you better.
  18. You were under no obligation to mention on your CV, or during the application, that you had a disability. Indeed, it's to the respondants detriment that they've made such a statement on the ET3. As Surfer said above, the subtext of such a statement could be interpreted as, 'She should have told us when she applied for the job, so we could have chosen not to employ her'. I'm surprised a legal professional wouldn't anticipate this.
  19. Where in the ACAS CoP does it say that 5 days notice must be given, Paul?
  20. We're being 'funny', Ms Smith. Don't take me seriously. No one else does.
  21. That was rather snide of you, HB. I was just flippant and a bit surreal. It's no wonder we hardly get any new posters here, because of needlessly nasty remarks like that. Try and humour people if you can. I know you feel angry, but that's your problem not everyone elses.
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