Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

becky2585

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    2,445

  • Joined

  • Last visited

  • Days Won

    8

 Content Type 

Everything posted by becky2585

  1. becky2585
    Your take home pay would be £331 net per week, or £1,436 net per month. Your average daily pay, assuming you worked full time, would be £66.20 net. 12 x £66.20 = £794.40 + £331 = £1,125.40 (net). (But didn't you work 13 days?) Anyway, assuming the above is correct, you should have received £1,191.60 in net wages and £66.20 in accrued holiday pay... Assuming you didn't take any holiday, as if you did, that would be deducted. ... But that's only a rough calculation and maths is certainly not my strong point!
  2. becky2585
    Oh dear. Rule number one - never rant about work, or your colleagues, on Facebook! There have been many similar cases here lately. Your manager is aware of the comments, they are very offensive and you have identified the colleagues involved (and publicly, it's not the same as a quick chat down the pub). I do unfortunately think its a disciplinary matter. I would prepare for the worst here, and focus on mitigation. A grovelling apology, explanation as to why things have been difficult and providing assurances that nothing similar will happen again may help. You're certainly not the first person to get caught out in this way and so I think the best you can hope for is leniency! Even if the worst does happen, I guess you will have learned a valuable lesson (and unfortunately many people do, the hard way). Best of luck. Keep your chin up, even if the worst happens then every cloud has a silver lining and I'm sure you'll come out of it ok in the end.
  3. becky2585
    There is no harm in asking. They don't have to allow it legally, but sometimes employers are more lenient. He has nothing to lose by asking. His employer may object to an HR professional going though, rather than a lay person! It would be worth your husband detailing the exact reasons why he is requesting an alternative companion - every employee in his situation will be equally as distressed, so he will need to put forward a more compelling reason. Incidentally, if an allegation has been made, your husband should be told who made that allegation. It is far more difficult to defend yourself on the back of an anonymous allegation! I appreciate that its a side point to your query but worth challenging nonetheless.
  4. becky2585
    You must now go through mandatory ACAS early conciliation before lodging a claim. If you contact ACAS now and start the EC process, you should theoretically get an automatic one month extension to the limitation period, which would buy you some more time. The process is free, so there's no harm in raising it with ACAS now...
  5. becky2585
    If you are absolutely certain that you would have two years service on 5 October then you do now have sufficient service to bring a claim. You actually only need 1 year and 51 weeks' service, as statutory notice is automatically added on to take you up to two years. If you are certain about your dates, then your employer has just unfairly dismissed you.
  6. becky2585
    That sounds like an incident of harassment on the basis of sexual orientation to me. It doesn't matter if your friend is straight or homosexual - if inappropriate comments and assumptions are made about his sexuality, at an event which has sufficient ties to the workplace, a claim of harassment can succeed. As above, a formal grievance is the way to go.
  7. becky2585
    First instance tribunal decisions are persuasive, but not binding. You can pay a fee to request judgments from the central register, but only if you know the party details and/or case numbers. I have once seen an older judgment with similar circumstances against the same employer presented to the ET - the judge queried why he shouldn't make the same findings in that particular case too. So it can be worth doing!
  8. becky2585
    I think his employer would probably have noticed if he didn't end up with a baby to look after! And lying about it would almost certainly have been a gross misconduct offence. Your husband isn't entitled to the month off work which he has been offered. I know you don't see it this way, but they've actually been quite generous. Expecting to be paid just because you are pregnant isnt reasonable - but it would clearly be different if the child was his!
  9. becky2585
    The point is that discrimination has a very concise meaning in law. Everybody possesses protected characteristics by virtue of their sex and race, but a claim can only be brought if you are discriminated against because of that characteristic. If it was based on one characteristic it would be more believable, but you're basically trying to mould a claim into something that just isn't there on the facts. Disparity in treatment, yes - unlawful discrimination, probably not. Unless there are some other facts which we are unaware of.
  10. becky2585
    Not necessarily. Not every act of different treatment is an act of discrimination. The primary reason for the difference HAS to be either race or sex. If it's purely coincidence, then there's no discrimination.
  11. becky2585
    I think the point has been missed here! Yes, you admitted you did something wrong. I think that was arguably the right thing to do in such circumstances. What I would suggest you do is acknowledge you breached procedure (no point in backtracking on that now when you have already admitted it, it just makes your evidence uncredible), apologise profusely, and concentrate on mitigation - ie, your cousins situation and previous unblemished record. I highly doubt you have committed gross misconduct in any event. Moving on, you can't argue discrimination simply because you differ to other people. You can argue general disparity in treatment, but that would be more appropriate at the appeal stage as you don't even know for sure you will get any kind of disciplinary warning. For discrimination to have legally occurred, you must have been treated less favourably because of a protected characteristic - do you think that's the case?
  12. becky2585
    Then oddly enough, your husband would probably be entitled to paternity leave
  13. becky2585
    I think the key difference between you and your husband is unfortunately down to the wording of the relevant legislation; maternity rights are invoked due to pregnancy; paternity rights are invoked where a father meets the relevant criteria. Whilst your husband would be entitled to take leave "for the purpose of caring for the child or supporting the child's mother", he doesn't meet the other eligibility criteria. He must have sufficient length of service (which he does), he must have a relevant relationship with you (which he does) and finally he must have, or expect to have, responsibility for the child's upbringing (which he does not). Paternity or partnership is not the key legal issue here; it is whether he is looking after the child. It's unfortunate, but at least his employer has allowed unpaid leave.
  14. becky2585
    Your husband doesn't meet the eligibility criteria for paternity leave as he doesn't have responsibility for the child's upbringing. He would need to apply for unpaid dependent leave to look after you, or unpaid parental leave to look after your son, if he is under 5.
  15. becky2585
    Whilst this is most likely, the ET will still usually expect this step to be taken before going externally. It's one less hurdle to climb over if due process is followed. Of course, any subsequent cover up can then form part of the external disclosure.
  16. becky2585
    "Whistle blowing" to a customer in the way you describe is likely to get you fired. The correct channel for your frustration would be the designated whistleblowing officer, which should be contained in your employers whistleblowing policy. An ET will almost always expect you to raise such issues through the appropriate internal channels first. If that fails, then you can whistle blow to the correct external authority - not to customers!
  17. becky2585
    This. Some correspondence will be "without prejudice save as to costs", at which point it would be admissible for the purpose of determining costs only. The only circumstances where an employer is "punished" for unreasonable conduct is if the dismissal itself had "aggravating features" - for which a fine of up to £5,000 can be ordered by the ET (which goes to the secretary of state) or for claiming "aggravated damages" for particularly serious elements of a discrimination claim, either at the point of the discrimination or in subsequent proceedings. Any other form of unreasonable behaviour would have to be dealt with by way of a costs order, which are very rare.
  18. becky2585
    I seem to recall that there was a recent decision confirming guideline hourly rates could be claimed for in house counsel... Although I can't remember if it was an ET case or not!...
  19. becky2585
    I was indeed - I just tend to ramble on occasion
  20. becky2585
    There would be very little point in having a handbook if there wasn't at least an argument that it forms part of the T&C's, though. It would be non sensical for an employer to take the time to draft policies that it endeavours to follow and then ignore them completely context is important, though - for example an ET is much more likely to find that an enhanced redundancy policy is contractual as it conveys such a significant benefit on the employee. Conversely, an employee would be unable to mount a wrongful dismissal claim based on a lack of disciplinary procedure if the employers policy did not state it was contractual in circumstances where they were dismissed without qualifying length of service. I suppose the key difference is that a breach of contract claim is unlikely to arise as a result of the staff handbook; but it would be taken into account in the wider picture, for example numerous breaches of internal policy to support a constructive dismissal claim.
  21. becky2585
    There will be disclosure obligations on the nursery if you do issue proceedings - you can ask them for the copy documentation if they fail to disclose it. Technically if they failed to do so, or had destroyed the documents, it could be a contempt of court.
  22. becky2585
    Indeed they are. I never did understand where this "employers can't give a bad reference" rumour came from!
  23. becky2585
    Doubtful, but it depends on the judge. I've seen requests for postponement refused one day before a hearing when a legal representative has been unable to attend. Six weeks should give you plenty of time to find alternative representation!
  24. becky2585
    The law states that only certain parts of the ET3 need to be filled in - the ET only needs certain prescribed information at this stage. The two bits they left off are not legally required, so no breach there!
  25. becky2585
    Hi there Before you can submit a claim, you must now go through mandatory conciliation with ACAS. This does "pause" the limitation clock of three months, as long as you start the early conciliation process within those three months. You need an EC number to put on the claim form. As above, for the purpose of the ET1, you should include details of all the claims you are intending to bring (and make sure you tick the right boxes!). You can submit a separate particulars of claim document if the ET1 isn't large enough. But you can't do that if you're intending to submit the claim online, so you would have to submit it by post or by hand. As a lay person the tribunal won't expect your ET1 to be perfect - just word it as you have here and ensure you tick the right boxes and they will help you out a little along the way.

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...