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About mkeay

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  1. Okay clearly I am wrong so please stop the attacks on me. I just wanted some advice.
  2. I am not convinced by your argument. I was told this after 4 weeks - I left after 6 months because i saw nothing changing within the business. If there was a problem with performance, this would have been dealt with before the 6 months and during the contracted probationary period. Never was anything said about performance. I believe this case is about my experience and background as a Software Developer and not because of performance as you suggest.
  3. Rather than constructive dismissal - I was looking at this from a breech of contract claim. it is my opinion (does not seem to mean much in this world) that entered into employment with the belief there was work for me based on my background experience. When the Software Development manager told me 4 weeks into my employment that there may not be any work for someone of my background and experience - I believe the company breached the contract through implied mutual trust and confidence which exists in the contract of employment. This resulted in me having only option to leave the company or look at leaving the company. The act of telling me there was no work for someone of my background or experience, destroyed the employment relationship between me and the employer resulting in only one outcome - me to leave the company.
  4. My argument so far is the following - i believe this is a breach of the mutual trust and confidence between employer and employee. There is one thing to realise that after 3years there may be no work, or the work is drying up. But when an individual is hired and in 4 weeks you told there may not be the work, that is an absolutely appalling state of affairs when an individual has just joined a company and turned down an offer elsewhere.
  5. I had a full-time permanent contract.
  6. Do i have legal recourse with this company? I believe they have treated me like a bum on the seat to deliver the project i was working on and then discarding me.
  7. I was hired by company, startup. During the first project I was told on one occassion there may not be work suitable for me and then on a seperate occassion the company may not be right for me. I have worked there for 6 months on full-time/permanent contract. This is a highly-skilled position in which I turned down another offer, to join this company. I have since tried to seek re-opening negotiations with the other company and they had gone cold on me because they thought i was messing them around
  8. I need to provide a clarification. My holiday entitlement over the course of a year is 20days. Which is an accrural 1.6 days per month or 10days based on what I have worked at present.
  9. I have resigned from my job. I worked there for 6 months. My contract of employment (which I have not been given, but which i have seen) states my holiday entitlement of 20days. Firstly can I challenge the 20days, as this appears to be under the legal minimum entitlement. I have been told by my manager, that the company year runs from june to june - and I might lose what holiday has been accurred. The contract i have seen but which I have not been given, does not state this.
  10. I have worked for an employer for 6 months. They appear unable to meet there obligations. They appear unable to pay a contractor who did some work for us, and other organisations are phoning about unpaid invoices. there are 3 permanent staff. If an employer is unable to pay wages (due to be received by employees mon/tues next week) when should they notify the employees? What legal rights would i have if my employee is unable to pay my salary next tuesday. I believe the situation is as follows - we are working on a project which is supposed to go live at the start of next month. The client receiving this will then be due to pay a significant sum putting the companies finances on a level playing field. But I need to understand my legal rights if they delay or don't pay on the 25th of the month. I am looking for another job - but I need employment and a wage until that happens.
  11. As i understand it, he has a payslip showing the deduction - but i have not seen it.
  12. There was no explanation for what the deposit was for.
  13. An hungarian friend works as a packer. He started the job on or around the 16th April 2012. He is paid monthly. On receiving his first months salary he found that he had been deducted £500 as a "deposit". I have told him they cannot do this. I asked to see a contract of employment, and I cannot see any contractural terms allowing for this, and he received no letters or notice about this. So the question is, how does he deal with this? I would suggest submitting a letter to the employer asking for this £500 to make its way to his next pay, but I am concerned that with working at the company for less than 2 years, he may suffer some detrimental effect as dismissal if he asks for this.
  14. My claim was filed in October and I am now just preparing my case. I have received the ET3 and the company, while not directly saying that I left by my own choosing, are suggesting it. Although they do not reference this email in there response, the lack of reference is significant by itself. I would be drawing the tribunals attention to this absence as I believe the company are not being 'entirely honest' Most people I have spoken to, have, like others on this forum, said this email sounds like a termination which is exactly as I treated it, as they have asked me to leave immediately. So far though, one person has suggested that maybe they were trying to put the onus onto me and making it look like I have waived my notice period. Although, there is no explicit email from me saying stating this. As I said, this is a retaliatory dismissal - and I am trying to make sure all the i's are dotted and all the t's are crossed.
  15. They are not paying - this has been ongoing since September. I am preparing my case. I am just going through the various pieces of the case and trying to clarify the facts. They are trying to present me in the poorest light possible - the companies response tries to undermine me, rather than focusing on the facts of the case.
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