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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

becky2585

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Everything posted by becky2585

  1. becky2585
    Words I utter on an almost hourly basis
  2. becky2585
    If you're self employed then the above doesn't apply - technically you should be permitted to work whatever hours you want. You may find your services are quickly dispensed of if they don't fit in with the organisations needs, though.
  3. becky2585
    The basic position is that a redundancy pre-transfer, because of the transfer, is likely to be automatically unfair. If there is a genuine redundancy situation which is likely to occur post transfer, then those employees should be consulted before the transfer over the new company's proposed "measures" or making redundancies. Simply making the transferring employees redundant (pre or post transfer) isn't acceptable - the usual principles of pooling, consulting, scoring etc should still apply post transfer. In terms of who transfers, the basic position is that anyone who spends the majority of their time on the transferring work should move to the new company. Anyone who spends less time than that would not transfer and could be made redundancy fairly if their work no longer exists.
  4. becky2585
    This. I can imagine that whilst you're living through a suspension, a week feels like a lifetime. However, I've seen public sector employees suspended for as long as a year. Straightforward, uncomplex cases can be dealt with in a week or two, but larger employers or more complex scenarios can take weeks, or even months. Unfortunately all you can do is wait for a disciplinary hearing (or a return to work).
  5. becky2585
    Theoretically if your contract provides for a set place of work, then HMRC are fine with mileage being paid between home and an alternative place of work. So in theory you could claim expenses. However if your contract has no fixed place of work, or a well drafted mobility clause, this could complicate things somewhat. Its worth checking contracts and policies to see whether this situation is covered, but if not, as above - it's always worth asking! If you genuinely can't afford the new round trip then you could be getting into the realms of constructive dismissal, or possibly even redundancy depending on the reason you were required to move - but we would need more information to go into that.
  6. becky2585
    With 18 months service I wouldn't be attempting to refuse to attend a disciplinary hearing. It will probably make them more inclined to dismiss. Why not see what they have to say? Apologise and reassure them it won't happen again and you may be okay... But the reality is your sick record is fairly poor - at least one day off per month for several months in a row - I think they're well within their rights to take action.
  7. becky2585
    Does your contract expressly state that you work 35 hours per week? If so, it's not as easy for them to change your terms as some of the PPs may think. The basic legal position is that an employees contract cannot be varied without their consent - and if 35 hours is what your contract states, you can quite validly refuse to reduce your hours. If they impose the change anyway then you would have a breach of contract claim which could theoretically go on to reflect indefinite losses (and the ET can order that you are reinstated to your previous terms if the company decide to dismiss and re engage - if other people aren't affected who do a substantially similar role then I can't see that being lawful).
  8. becky2585
    SP - progressive conditions such as cancer, HIV and MS are automatically covered by the EqA, I think. But I largely agree with the rest of your post.
  9. becky2585
    Of course, that's now highly unlawful (and surprising in this day and age!).
  10. becky2585
    As above - "relevant information" is rather subjective! However they can check for any warning signs for people living in your household and if your husband was, for example, convicted of any sexual offences, it would almost certainly flag up - anything else, unlikely to be a problem. Even if it did flag anything, it's not an automatic bar to your employment - it's a judgment call.
  11. becky2585
    Reasonable adjustments are generally in place to assist a disabled person overcome any disadvantages they suffer compared to their non dosabled colleagues. I don't think a failure to adjust a team target can be a reasonable adjustment - it isn't proportionate and it wouldn't help you with any hurdles in the way because of your cancer. I think the more appropriate argument is indirect discrimination. Essentially the bonus arrangement is a provision, criterion or practice which puts you (and a group of similar hypothetical disabled individuals) at a disadvantage compared to "able bodied" individuals, as they are more likely to hit their targets because of their ability to work at full capacity. Tricky area - but you may well have a point in terms of potential discrimination. It's probably complicated by the fact that your non disabled colleagues are in exactly the same boat as you, though, so it could be a difficult claim to run.
  12. becky2585
    Yes - SSP is only payable from the fourth day of absence - there's no entitlement to pay, unless her contract says otherwise (and its usually discretionary).
  13. becky2585
    If it's an unlawful deduction from wages then your Union really need to help you with that. You should probably raise a formal grievance, which would protect your legal position and bring the Union well within their remit of assistance!
  14. becky2585
    Only if there has been a series of incidents and/or a prolonged failure to act. It's a very tricky legal area at the moment - not least because arguably the court doesn't have jurisdiction to award "holidays" - it can only award "holiday pay". If you don't have any equivalent pay owing, then arguably theres no loss of pay, only loss of free time!
  15. becky2585
    Unfortunately I think the employer may be correct. You are estopped from bringing proceedings in a court or tribunal which have already been decided by another court. The exception to this is if the claim lacked jurisdiction altogether - as legally the claim hadnt been decided - it was never validly presented in the first place. You brought the claim for entirety of the sick pay owing, but the court couldnt award the whole lot. Unfortunately I think that's likely to mean you have a judgment for a whole claim as the claim wasn't struck out. The rule in Henderson v Henderson also means that if you *could* have presented similar issues but failed to do so then the claim could also be barred - if, for example, your ET1 claimed specific pay for certain dates, but neglected to include all of them, you couldn't then present a similar claim for the missing dates. Ive never come across a partial jurisdiction of a claim though so I may be wrong. Hopefully someone else will have more experience of these matters than I do
  16. becky2585
    Unfortunately if the holiday wasn't formally requested and approved then there's very little that can be done. A formal grievance could be a possibility if the holiday was refused without justification and/or your husband has proof that the holiday was informally approved back in June - but if not, you might have to go alone... For what it's worth, the treatment seems pretty harsh, but not unlawful...
  17. becky2585
    My only concern would be what your employment status is - you have to be an employee to claim unfair dismissal. It sounds like you're lacking the mutuality of obligation element, though - which would point more towards worker status. Either way you're entitled to receive at least the national minimum wage (unless you're self employed) - it would probably be more helpful for you to speak to a lawyer!
  18. becky2585
    Were you signed off sick during that period? Unfortunately sick leave and pay remains a grey area in UK law as our domestic legislation conflicts with EU requirements. However in my view, it's clear that leave accrues whilst you're on sick, and if you are too sick to take that leave, you should be given the opportunity to reschedule the leave. The relevant case is Pereda, but this leaflet gives you some information - http://www.cipd.co.uk/NR/rdonlyres/22DA862E-21C0-4D99-857E-A70CFE1879F2/0/HolidayspostStringerandPereda.pdf
  19. becky2585
    I would say, given the choice, it's probably better to go with a solicitor of your choice. In my experience, unions will either conduct the work in house, send the work to a referral team of semi qualified paralegals who keep the work in house there, or refer it to their panel solicitors who generally do the work for a low fixed amount. A no win no fee qualified solicitor will be more likely to work hard on the case, in my opinion. They need to get the right result to get paid for the job! The other option is to see if you have legal expenses insurance under your household contents insurance policy - in which case you could invoke your right to freedom of choice and find a reputable firm. It's a matter of personal choice though.
  20. becky2585
    If you didn't receive notification of an extension to your probationary period PRIOR TO the expiry, then contractually, the probationary period would be deemed to have expired for the purposes of notice pay. It cannot be retrospectively extended if there is an express clause within the contract. Case law report here: http://www.lexology.com/library/detail.aspx?g=07276896-8c48-44ce-a70d-70f749bc63cc I would send them a letter before action requesting payment and citing the contractual term and above case law. If they fail to pay up, you can go for a breach of contract claim in the county court, or wrongful dismissal claim in the Employment Tribunal.
  21. becky2585
    An employer cannot refuse a resignation.
  22. becky2585
    It depends entirely on the wording of the contract. If it expressly states that after your probationary period, a meeting will be held/letter sent to confirm your post, then you were probably within your probationary period. If it is more vague, then you have a better argument that they cannot retrospectively extend your probationary period and you should be entitled to a months notice. Might be worth a letter requesting payment and failing that, getting in touch with ACAS early claim conciliation.
  23. becky2585
    If you have another job to go to then in the circumstances Id probably be inclined to resign. Unfortunately it doesn't stop them giving you a negative reference though, saying you resigned whilst under suspicion of gross misconduct... Nor does it stop them taking disciplinary action during your notice period and firing you anyway!
  24. becky2585
    Regardless of length of service, you made a racist comment to a colleague. You admitted making the comment. It's gross misconduct, which means you could lawfully be summarily dismissed. Sorry to be doom and gloom, and I could go on for hours about the legalities, but the chances of a written warning within two years service for a gross misconduct offence are pretty slim, in my view.
  25. becky2585
    You forgot one of the most important points: 5. Actually remember not to let the employer down again! Every office has those odd few people who turn up a couple of minutes late to work. Personally I hate being late so I turn up an hour early and have a nice relaxing morning!

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