My Son got his first job, at McDonald's last September. He enjoyed it at first, but, since Christmas, he has had a gradual change in his hours, until he is now a permanent night shift worker. He has never avoided whatever shifts he's been given, but no-one else is on permanent nights. Is this lawful? At the moment he is working from 8.15pm to 6.15am, with a 45 minute break. Again, is this lawful and how can he make it fairer? Thanks.

Helpful, thanks.

Dear Friends, Firstly, my sincere apologies for being late in thanking you for your replies, it was very remiss and rude of me. However, in my defence, I am, at the same time, attempting to overturn my Father-in-Law's previous employer's CVA, as I believe a fraud has taken place. However, that's for another day! The "Vento" bands are a little beyond my comprehension though. The lower band seems to be for cases where a single instance of discrimination has taken place. However, he was made redundant, with no notice,no consultation,no redundancy pay (although he's just received this from the R.P.O.) even being offered a lift home in his own company car! The only thing they didn't do is sack him for being disabled and he's only got one arm! They told him, point blank, that he was being made redundant, as he was the closest to retirement age. All of this adds up to automatic unfair dismissal in anyone's book. However, the ageism is, it would seem, an isolated incident, but there were other things. He refused to lie at another employee's E.T., which his then employer was forced to settle out of Court. From then on he was victimized. He was forced to accept reduced working hours when no-one else was, he was threatened with the loss of his company car, which he relied on massively, being disabled. The employer said that he only used it for business purposes 2 or 3 times in the last few months, so it needed to be sold, but the CVA Court Report shows the car as still in their possession, but is excluded from the CVA inventory, because it's used for work on a daily basis! This seems proof of an ongoing campaign of harrassment and discrimination, so could I ask for a "Vento,"but in a higher category, even the highest category? His unpaid notice amounts to around £9,000, but the Judge has indicated that this item will come under the protection of the CVA, so he'll get 30% over 5 years. However, I am building a case against both the company, and it's Directors, for offences under the Insolvency Act and the Insolvency Practitioner for,well, as many offences as you could shake a stick at! I'm fairly confident the CVA can be over-turned, as the Serious Fraud Squad are now involved, but I'm not at all confident of giving an actual figure to the Tribunal, in case it makes us look either too soft, or too greedy. I can't imagine though an "Injury To Feelings" case worse than giving almost all your working life to one company and, with just months to go and your retirement all mapped out carefully beforehand, being cast aside, without warning and without hesitation. This was summary dismissal in all but name, but I need figures to put on it, or at least how to calculate it. Sorry for the rant, but my in-Laws mean the world to me and they deserve so much better. Thanks for any assistance. Best Wishes, Stephen Bates

Was given lots of really good advice, by caggers, when my Father-in-Law was made redundant without notice, redundancy pay,or cash-in-lieu of notice. He'd been with the firm for almost 38 years. Just had case management discussion, which (I think ) went really well, but the Judge has requested to know what we want (I say "we" 'cos he's asked me to represent him) in terms of compensation. The judge mentioned " Vento" which seems to be just about age discrimination, but, although when asked, his employer gave his reason for dismissing him as "you were the one nearest to retirement", there was much more than that. He was victimized for refusing to lie for his boss at an Employment Tribunal, against a former employee, a case which his boss lost and, when his working week was cut because of lack of work, from 5 to 4 days, no-one else was involved. Similarly, when he was made redundant, there was no "pool" of selection, only him! Can I use the "Vento" calculation, but add other items to compensate for victimization etc? He's now just turned 65, so the compensation, I would imagine, would be less than it could have been, but he, and his Wife have been to Hell and back since last September and were talking of selling their home of over 40 years. Any help wouid be appreciated.

How can I find out if a company is insolvent,or has entered into a CVA, if the company is still trading? My Father-in-Law was made redundant in September,without notice, after 37 years service, but his employer hasn't paid him any redundancy pay, nor has he received any pay in lieu of notice. In total he is owed in excess of £20,000. The company say they are insolvent, so they can't pay, but the National Insurance Fund have told him they won't pay either, as the company isn't listed on the register of insolvent or liquidated companies at Companies House. He's 65 in 3 months time and lost his right arm through cancer 25 years ago, so he's not the perfect candidate for "jobseekers," but he deserves a damn sight better than the way he's been treated. Any suggestions would be gratefully received. Also, how can I establish whether, by continuing to trade whilst "insolvent" they are making their financial state worse, which, apparently, is contrary to the insolvency act. Thanks in advance.

Thanks to all who responded, I'm extremely grateful. My Father-in-Law was dismissed,after 37 years of devoted service,with no notice and no redundancy pay,simply because he was the one closest to retirement,and,as the company was going bust,the Managing Director thought he'd get away with both the redundancy payment (now max of £12,000) and 12 weeks' wages in lieu of notice. We don't have a problem with that as the National Insurance Fund and the Insolvency Service will take care of these,although it will take time. As the company have dismissed him unfairly, we also have an Unfair Dismissal case against his former employer on the go. You'd think that, given the circumstances, (that he is unlikely,at over 64 and having lost his right arm), to be given a job for just six months, that RBS would honour their contract and not try everything they can to wriggle out of it. However,the members of CAG have given me enough infortmation and we are now adding a claim for return of PPI to our growing list. Many thanks again.

Many thanks for your input. I'll research with my in-Laws and get back to you. We've got enough on our plate with an unfair dismissal case against his former employer, without the bank added to their grief!

My Father-in-Law was recently made redundant,without notice,after 37 years with the same firm. He's 6 months away from retiring! He had a loan from Royal Bank of Scotland which was covered by PPI ( which he wasn't aware of) but now RBS are refusing to pay as he can't confirm that he's been looking for work since losing his job. He is 64 1/2 and lost his right arm to cancer 25 years ago and has been told by the Job Centre that he has no chance of getting a job in the current climate and he should claim pension credits, but this takes time and he has had no income at all since early September. His former employer is insolvent and can't pay him his redundancy ,neither has he had any pay in lieu of notice, for the same reason. We are taking his former employer to an employment tribunal for unfair dismissal, but, again, this takes time and the RBS are demanding he keeps up with his payments. He was never told he had PPI and only found out by accident when he visited the Citizens Advice Bureau. He has not received a policy. Can anyone suggest a way out of this, or provide an RBS policy wording for me to study, as the situation is now so serious that my in- Laws are seriously considering selling their home of 40 years. Any advice would be gratefully received.