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
    It's difficult to persuade employees to turn on their employers, but a witness order is possible. However, my view is that these are very rarely beneficial. You won't have the benefit of knowing what the witnesses will say and it could detrimentally affect your case. Mention the issue at the preliminary hearing. There's a good chance their evidence won't be relevant anyway and the judge will direct you on that at the first hearing.
  2. becky2585
    I think it's acceptable too. The basic references I draft only include job title and dates of employment and don't even include a reason for leaving!
  3. becky2585
    The holiday pay issue really is a pain in the backside for employment lawyers and hr at the moment! For what it's worth, I think Emmzzis analysis is correct for the purpose of a weeks pay. You're entitled to a weeks pay for a weeks leave. So if you take a week, you'll receive 48 hours of pay. If you take one days leave, you'll receive 1/5th of the pay. Provided you are still allowed 28 days per year, it's lawful. It would only be unlawful if you only received 22.4 leave days per year, which is the pro rata equivalent. I think technically and legally speaking you should actually be entitled to 22.5 days leave x 12 hours in length. That would avoid any complications.
  4. becky2585
    Newmoses it sounds like your assumption is correct. The Sunday working legislation does have a narrow interpretation and doesn't apply to you, unfortunately. I still find that quirk of law particularly odd, given that any sector employee could wish to decline Sunday working but for some reason are legally unable to!
  5. becky2585
    Yes, they can reasonably refuse to hear a grievance if it's vexatious, has been heard before, or falls within another policy, such as a complaint about a disciplinary procedure if the appeal is outstanding. They could also refuse it it isn't a complaint about a statutory right if the employee has under two years service. The ACAS Code still theoretically applies but as there's no remedy available the employer could just not bother hearing it! If none of these apply then they need to hear it.
  6. becky2585
    They might have decided that three absences triggers their absence management/disciplinary process. However, if he's had one day off sick and two days dependent leave then they'd be on unlawful grounds trying to discipline him for it. It's probably just an informal chat at this stage, so I wouldn't worry until he gets a disciplinary invite!
  7. becky2585
    That does help. If she needs to be at home to assist with your care at the weekend then she could have a claim for disability discrimination by association...
  8. becky2585
    Which industry does she work in? If she works in retail then she could mount an argument that she's been detrimentally treated for opting out of Sunday working...
  9. becky2585
    You could object but there's probably little point - the duty of disclosure is ongoing and the ET will want to see it if it's relevant. A supplementary statement is a great idea though. You could produce it, send it to the Respondent and take it along to the hearing and make a verbal application explaining why you've had to produce it.
  10. becky2585
    Your sickness absence management process is separate to any personal injury claim. Check your contract/staff handbook - refusing to consent could be a disciplinary offence and if you refuse to comply then they'd have to make a decision on your future employment without medical evidence and may decide to dismiss. Usually better to consent.
  11. becky2585
    I wouldn't worry. Any witness statement they produce will be given very little weight if the witness doesn't turn up. You could theoretically even ask for the statement not to be read at all, which some judges are agreeable to. Ultimately if it's one of the respondents key witnesses then it should be down to them to either compel the witness to attend or request a postponement. It's usually more likely to harm their case than yours.
  12. becky2585
    You need to give at least twice as much notice as the leave you want to take - so for three weeks leave, you are required to give six weeks notice. Your employer can therefore legitimately refuse the request on statutory grounds alone but they would probably also cite business need for the refusal. However, there's no harm in asking - all they can say is yes or no! Even if they agreed this then you won't be able to start your new job next week. You're still employed until the end of your notice period, so it wouldn't be advisable to breach your contract by working elsewhere (if you need the references - if you don't then it probably doesn't matter as much...)
  13. becky2585
    Hi Lizzie You can call your witnesses in the order you like. All you need to know is who the burden of proof is on for the case (what type of claims are brought and who is the burden of proof on?) and let the judge know on the first day when your witness can attend.
  14. becky2585
    I think you're right. They would need a separate COT3 for the other Respondent. I'd be inclined to refuse to agree to any new terms, it's their error after all.
  15. becky2585
    There's no £25,000 penalty. There's a maximum compensation limit of £25,000 on any claim for breach of contract. The whole point of getting legal advice is so that you can assess whether you have any valid claims. Having more time to consider that would make no difference at all. Do you honestly expect your solicitor to wait around for ten days considering all the claims you might have, or are they going to advise you and then forget about you after one or two hours? It's also not a wrongful dismissal as long as you get your notice pay. Any claim for wrongful dismissal would be compromised by the agreement anyway. Ps, there was never a 7 day recommendation. Ever since s111A was inserted into ERA 1996, it's been ten days. You really are barking up the wrong tree here, but I can see no matter how many people tell you that, you're never going to believe them!
  16. becky2585
    It happens frequently, yes. My view is that either the employee wants to sign the agreement, or they don't - with either option, the 10 day recommended period becomes somewhat academic!
  17. becky2585
    I'm inclined to agree. I would certainly recommend pursuing costs if the employer was my client!
  18. becky2585
    What your solicitor told you was correct. The ACAS guidelines are NOT statutory and are NOT a requirement. You've been told that by two lawyers now, and probably the ombudsman soon too - you are wrong. And your poor lawyer now has a completely unfounded complaint hanging over their head!
  19. becky2585
    The difficulty with the ten-day "rule" is that it's only a guideline, not a statutorily enforceable requirement. It could, in theory and on basic contractual principles render the Agreement void, to the extent that you had not validly waived your legal rights and could therefore present a complaint to an employment tribunal. The difficulty in the situation is that you have no remedy and no right to claim, so in my view the 10 day rule is a moot point. Ultimately you either accept their offer of an enhanced payment within the limited timescale, or you decline based on your principles and go away with far less. Personally I'd view the enhanced payment as a very generous gesture and view the rest of the complaints here as a massive red herring.
  20. becky2585
    There are no laws about paying people differently unless the main reason is their gender. It's all about negotiation when it comes to salary. I've just been offered a job on nearly double the salary of my colleagues - it isn't because I'm female or have better qualifications, it's because they wanted me to take the job and I played hard ball...
  21. becky2585
    This. Costs are very rarely awarded in the Employment Tribunal, so don't let that put you off! Plus, if you win, you are highly likely to get your fees back from the other side.
  22. becky2585
    Your employer is really on a sticky wicket here. You can actually bring a Tribunal claim for a detriment suffered as a result of asserting your right to opt out of Sunday working. Reducing your hours would be a clear detriment IMO. I'd get a formal grievance in ASAP and make it very clear that you are asserting your statutory rights.
  23. becky2585
    I think my first answer may have been a bit too final - it's basically a real grey area. Your leave only accrues on a month to month basis during the first year. It's either accrued on a calendar month basis, or a month to month from the start date of employment basis. Either way, you wouldn't have "accrued" the leave officially and so logic dictates that no payment can be made. However, the Working Time Regulations also provide for payment of accrued leave on termination. The difficulty is that whilst you should have accrued leave for that time period, the wording of the statute prevents you from really having ever accrued it. The other thing relates to your employer's policy on leave - if they have a policy/contract in place which confirms that no payment would be made in the circumstances you describe, that could be a valid "relevant agreement" which has the effect of varying the Working Time Regs anyway. However, that would probably only be lawful if some payment was made - no payment at all may not be lawful. A nominal payment of £1 has been upheld by the courts in the past, so in reality it's very difficult to say whether you would be entitled to it or not.
  24. becky2585
    Unfortunately your employer is correct. Holiday accrues on a month to month basis during your first year of employment, so you aren't entitled to any pay until you've completed a full month. Sorry.
  25. becky2585
    Very common. My contract also has a similar clause, but the 9-5 doesn't exist for most people in my job anyway!

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...