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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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becky2585

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Everything posted by becky2585

  1. becky2585
    You would need to ask for an order for specific disclosure of the meta data - it will tell you when a document has been created and amended, if relevant.
  2. becky2585
    Mentor are an HR product of Natwest/RBS IIRC.
  3. becky2585
    I don't think this is right. The law only really distinguishes between capability based warnings (based on either illness or poor work performance) or misconduct warnings (which would cover anything else that would be deemed to be a disciplinary offence). Timekeeping is a disciplinary offence where a warning could be issued and so it is possible that if the final warning is still live, it could end in dismissal. If I was the person conducting the disciplinary process though, I would be taking into account the conduct which led to the final warning when taking the decision whether to dismiss. It's still possible a warning may not even be issued but it would depend on the severity of the prior conduct.
  4. becky2585
    I'm incredibly confused. Why are you being required to pay anything for the bundle? Unless the ET ordered you to produce it and you shifted the responsibility to the Respondent (in which case they can charge reasonable photocopying costs) then I can't see any circumstances where a bundle fee would be payable! What am I missing?
  5. becky2585
    If it's a standard settlement agreement then I assume that there is a non derogatory or disparaging statements clause, and a confidentiality clause preventing you discussing the circumstances surrounding your termination? If so, then you are prevented from acting as a "witness" in the circumstances which you describe. However, if the agreement contains a clause saying you will cooperate with internal/judicial/quasi judicial investigations, then if your employer calls upon you to give a statement, you may do so (but NOT if the employee themselves ask). The only other exception would be disclosure "as required by law" - so if the employee ended up issuing Tribunal proceedings, they could subpoena you to give evidence and you could then discuss it as part of legal proceedings.
  6. becky2585
    No, unfortunately they can't. Costs are awarded in less than 2% of cases where the opposition has behaved vexatiously, obstructively, disruptively etc when conducting proceedings. There has to be fairly serious poor behaviour to warrant a costs order, and even then it's rare that full costs would be awarded. You certainly can't rely on getting the legal fees back.
  7. becky2585
    I think the difficulty here is that you must be an employee for the entire duration of the pregnancy to qualify, but for the first three months you were an agency worker. Unfortunately therefore they are correct - you aren't entitled to either leave or pay as you've only been an employee since December. And Emmzzi is correct with reference to her calculation, so there's no way to postpone it.
  8. becky2585
    You don't actually have an entitlement to your accrued holiday pay until your employment terminates, contrary to popular belief. So an ET or CC claim would be unmeritorious until you have actually left. If you want to resign then state in your resignation letter that you expect your holiday pay in full (although legally you may not be entitled for the full two years - it's still a grey area). See what happens and if they don't pay up, issue a claim.
  9. becky2585
    In the case you mention, the driver had already been dismissed so confidentiality didn't really apply. It's more for whilst the investigation is ongoing. You should be able to discuss matters with friends and family, but not with work colleagues.
  10. becky2585
    Yes, it's perfectly normal for the disciplinary process to be kept confidential. If the accused employee thinks that an employee might have evidence which is beneficial to them, they should tell the investigating officer to interview them for a statement.
  11. becky2585
    I wondered this too, but the OP said they were dismissed for capability, which is confusing!
  12. becky2585
    Can you make some on the quiet enquiries with the comparator direct to see if their job role is indeed the same? If they are, then you could have a Tribunal claim - but you'd need to be sure before rocking the boat!
  13. becky2585
    I agree with the above - I don't think the Distance Selling Regs apply here you aren't actually buying a product or service, nor are you a consumer, so it's not applicable. You just need to serve whatever notice is required under the contract to terminate.
  14. becky2585
    I suspect they were acting on their clients instructions rather than fabricating a tale themselves. Getting struck off wouldn't be worth it for one case...
  15. becky2585
    I agree with SP - there's a highly likely chance that your employer won't want you back. Using termination of employment as part of any settlement deal gives you more scope to seek a higher settlement!
  16. becky2585
    How is the bonus calculated?
  17. becky2585
    I understand the argument that you are trying to run and I suppose it's theoretically possible to try and mount a challenge on that basis, but I am not aware of anything specific challenging holiday pay based on custom and practice. I think the reason such an argument would fail is the wording of the Employment Rights Act. S234 specifically states: 234 Normal working hours. (1)Where an employee is entitled to overtime pay when employed for more than a fixed number of hours in a week or other period, there are for the purposes of this Act normal working hours in his case. (2)Subject to subsection (3), the normal working hours in such a case are the fixed number of hours. (3)Where in such a case— (a)the contract of employment fixes the number, or minimum number, of hours of employment in a week or other period (whether or not it also provides for the reduction of that number or minimum in certain circumstances), and (b)that number or minimum number of hours exceeds the number of hours without overtime, the normal working hours are that number or minimum number of hours (and not the number of hours without overtime). Because it's worded in such a way as to refer specifically to FIXED hours stipulated under a contract of employment, I don't see how C&P can override that. It would be different of course if the written contract of employment was worded in such a way as to effectively "force" overtime - ie if the overtime become a contractual requirement, or if it was clearly necessary to do the overtime in order to fulfil the job role. The first instance decision I mentioned above is Neal v Freightliner which found that the employee WAS entitled to be paid for voluntary overtime - but this isn't a decision binding on the courts as it was only an ET case which has no binding authority. Therefore, the law as it currently stands means that overtime does NOT need to be taken into account when calculating holiday pay, but as previously mentioned, it's probably likely to change!
  18. becky2585
    I don't think custom and practice is relevant for holiday pay purposes (at the moment at least). There is no dispute as to the amount of hours worked - the dispute is as to whether they are contracted hours (which they are not) or overtime hours (which they are as they are in addition to the contractual entitlement). As the law stands, you can only be paid for contracted hours. To go into more specific detail, the Employment Rights Act stipulates that an employee who has "normal working hours" will have their week's pay calculated in accordance with those hours. If you work hours in addition to those stipulated in the contract of employment, they are treated as overtime pay, which is not used for calculation of statutory leave. If an employee is entitled to overtime pay when working for more than a fixed number of hours in a week, they are treated as having normal working hours equivalent to that number - meaning that only GUARANTEED overtime is included when calculating holiday pay. Clearly such a guarantee would be very difficult to demonstrate when the contractual right is far less hours and the employer has the right to change their hours at any time. For what it's worth I think that the law as it stands is totally wrong and undoubtedly should be challenged (and inevitably will be, I am sure).
  19. becky2585
    As the law currently stands, yes, they're acting lawfully by only paying you for holiday accrued based on 15 hours. However, there has been a non binding first instance decision which states this is incorrect, so I do suspect the law will change over the next few years. You could always ask for a 29 hour contract and see what they say!
  20. becky2585
    The ET doesn't have the power to force someone to sell their home. The ET will determine costs or send for detailed assessment. If the claimant then fails to pay, the respondent can then seek to enforce the judgment debt through the county courts if they wish - and enforcement can include a charge over the house and ultimately they could pursue an order for sale. They are quite rare though and almost never granted if there are children in the house.
  21. becky2585
    Sounds spot on to me! Did you have an extra day at Easter?
  22. becky2585
    It's completely up to you. If you have a figure in mind you would be happy to walk away with then it's worth giving settlement a bash. But you don't have to. If you haven't yet won your claim then it's highly unlikely they will settle at the full amount so you may need to expect to compromise. Your schedule represents your best day in court, rather than what you're likely to receive in compensation. There could be other factors which make you want to settle as well - the stress of a hearing, or the risk of losing, to name a couple!
  23. becky2585
    It's unlikely you can claim your legal costs - they are awarded in around 2% of cases where the defence is misconceived, or the opposition has behaved unreasonably, vicariously, disruptively, etc. Does any of that apply? Re ACAS - they are trying to get you to settle out of court, so make sure you put forward a figure you're happy with. Go in high and remember there's no pressure to settle, but if you agree verbally to settle through ACAS then it will be legally binding.
  24. becky2585
    Yes, compensation can be adjusted by 25% for both claims. And definitely claim the tribunal fees back as well - I had assumed you issued before fees came in, but they are recoverable so they need adding if you paid them (assuming you couldn't apply for remission, in which case you can't claim them back as you didn't pay out of your own pocket). Just to clarify the hourly rate - if £8.55 is what you receive AFTER tax and NI deductions, that's the net amount - if that is your gross pay, you need to follow the calculation above to work out how much you receive after tax
  25. becky2585
    Calculate only what you're owed based on net loss of earnings for two shifts (I do suspect it will be awarded as discrimination compensation so interest can apply). That is the compensation for the claim for an unreasonable failure to allow time off to attend ante natal appointments. The £6,000 you are seeking is compensation under Vento for injury to feelings for discrimination - assuming or course there was a finding of a detriment, which I suspect there was Your schedule of loss is correct - it just needs amending from the gross loss of earnings for two days to net losses. Unless for some reason the tribunal would consider it just and equitable to award the gross amount, which I think is unlikely as it's designed to compensate you for the actual amount you lost in your pocket!

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