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SweetLorraine

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Everything posted by SweetLorraine

  1. SweetLorraine
    Hi bumpersuze, your manager probably just wants to establish what went on. I'm sure he'd tell you that his job comes with it's own pressures as well. Remember it was the no-show that caused the issue; your manager probably just wants to agree a course of action with you if a similar situation occurs again. All the best.
  2. SweetLorraine
    Hi bumpersuze, I shouldn't worry, I spent years working part-time in pubs - this looks like a storm in a teacup really. From what you say your manager knew about the results of the risk assessment and that you shouldn't be in the kitchen, hence the other employee being allocated those duties. When that employee didn't show up on the Sunday, the kitchen couldn't operate. That responsibility lies with that employee. Indeed, why would you instruct the employee not to turn up for a busy shift? Your manager should see through such a poor excuse for not turning up. So the food takings were down - if you had worked in the kitchen that day instead, then maybe the bar takings would be down instead. Either way - that fault lies with the employee who didn't turn up for work. So have your chat on Wednesday and see how things go - the no-show employee is the one who caused the problem. As for your union rep. - I'm surprised at the advice - quitting your job is a disproportionate response to a quite minor problem. You may miss out on maternity leave/pay due to you from your present employer? Let us know how you get on.
  3. SweetLorraine
    Hi Teeshonator, it looks as though you are in good hands with steampowered. It is shocking to read how far your ex-employers are seemingly prepared to extrapolate their accusations - to the point that they are writing/talking about theft - without apparently producing all the evidence to back it up. Theft is a criminal act which (from what you say) they appear confident of accusing you of, yet they do not wish to involve the police? They may be leaving themselves open charges of defamation/slander/libel. I'm not a legal professional - you may wish to take advice on that aspect at a later date. For the moment you need to quash this database threat. Good luck.
  4. SweetLorraine
    Hi Teeshonator, fine, at least your former employers cannot put any more pressure on you in the work environment anymore. (To be honest I didn't know how practical it would be to withdraw a resignation if you were already set for a new job!). My eyes are drawn to the line 'you have denied any knowledge of the transactions.' Does that stack up? At the meeting of the 22nd you must have discussed the transaction(s) and there is the (poor quality) CCTV. They then go on to talk about the (alleged) thieving as if it is a 'given' fact. In your reply (of the 31st) to the allegations - briefly how did you address these allegations? Denied wrongdoing, denied any knowledge of them, denied they ever happened?
  5. SweetLorraine
    Well, you resigned instead of dealing with the allegations head-on, they may perhaps use that as a tacit admission of guilt. This may affect your new job as well of course. Can you still withdraw your resignation? (Pretty odd for a union rep to advise a member to resign?). The meeting of the 22nd July was to discuss one particular transaction issue. You mentioned that there are two other customer complaints - do they also relate to you as well?
  6. SweetLorraine
    Hi Jmebebe, You can always seek pro bono advice at a law centre, ACAS or your local Citizens Advice Bureau. Just a few thoughts.... The perceived breach of the DPA may not be as serious as you would like to believe - and you would have to prove such a breach actually occured. You may believe it is worth a year's salary - many others may disagree. If you have only worked there for three years - so (dependant on your age) you may only be entitled to three weeks statutory redundancy pay - which is a lot less than the (at a pinch) three months pay your employers were thinking of offering. Your role is currently been covered by a secondment - presumably then when you return this secondment will come to an end. So you can't really say there isn't a role for you to go back to? The best advice could appear to be to get back to work. Another good piece of advice I seen very recently on another thread was that an employee may feel that a wrong has been done onto them, but that doesn't mean there is a legal solution to that wrong (at an Employment Tribunal). And if you were to go to Tribunal there are now fees to pay to lodge a claim. If you have had a lot of run-ins with mangement, and this history of turmoil is affecting your health, consider your future and what might be best for you. I know from personal experience that it can be very difficult to objectively step back and think about all your options - particularly once you have locked horns with your employer. But it is something your should do. Stepping away from it all might be a healthy option? You may have made that choice already? Maybe both you and your employer are really just negotiating how much any exit strategy might cost them - you say 12 months - they say 3 months. Maybe you can come down a bit and they can come up a bit?
  7. SweetLorraine
    Hi emptri1, I assume you are talking about a case management discussion when you say preliminary hearing? Just because the Tribunal have given you a preliminary hearing doesn't mean that they think you have a good claim. The meeting may be called to establish that very point. From what you say.... You were only at the agency, on and off, for 6 months so you have very limited employment rights anyway. A year later you think to ask for holiday pay relating to various short stints of work during that six month period? You didn't read the contract you signed nor asked for a copy? Have you actually read the agency's (ET3) response yet? What do they have to say? Why would you accept ACAS's advice to submit a claim and then doubt their advice when they tell you to drop it? At this early stage there should be very low costs incurred. You can withdraw at any point in the process. Ask your ACAS conciliator about that.
  8. SweetLorraine
    Hi tootssweet, how about a short, polite email to HR asking them what's happening, reminding them that their own deadline was last Friday?
  9. SweetLorraine
    Just a thought Teeshonator, how would you feel about withdrawing your resignation? (Obviously) done in the heat of the moment and only about a week ago, there may still be time.
  10. SweetLorraine
    Hi altcr, hardly the best introduction to the world of work, I hope your boy knows he may have just crested a shifty sandbank and not hit the rocks. He will go onto better things from what you have said. (Rather ironic that they texted him re mobile phone usage!) My immediate thought is to get him to contact a local union rep. Even if he isn't in the union most reps would be up for looking after a young 'un just starting out surely? Can his training advisor help you at all? - after all he/she is called an advisor. Maybe a visit to your local Citizen's Advice Bureau? (though they might refer you back to ACAS). If he has been there less than a year he may have only limited employment rights. Perhaps your son needs to have a think about what would be best for him in this situation. For example:- Does he want to carry on being 'a labourer' and therefore not building on his bright beginnings? Would he be happier looking for somewhere else? - even if that meant being on the dole for a while looking for that better opening. Does he want to fight these allegations and stay on at the organisation? Or would it be better for him if he negotiated a good reference and left by mutual consent? It may look a bit wobbly right at this moment - but if he were to leave, it might be the best thing to happen to him. All the best. Let us know how he gets on.
  11. SweetLorraine
    Apparently CCJs can form part of such checks. http://www.ukemployeechecks.co.uk/pre-employment-screening/employee-credit-checks. I wouldn't have thought that it follows that having a CCJ necessarily means you will lose your job. Were there questions in the application process about credit history, criminial convictions etc;
  12. SweetLorraine
    Hi bg5067, at this level of income your sister may qualify for income support benefits, perhaps that could be checked out at the local Job Centre. Morally this is so wrong, it would be interesting to see what the company charges the end-user. But such thoughts don't help your sister. How about contacting Mencap Direct? - they should be able to give you some effective support. http://www.mencap.org.uk/mencapdirect
  13. SweetLorraine
    Good luck suziebear67, just a thought, is there anything in your facebook/twitter postings which you could now use to indicate your depression/state of mind at the time?
  14. SweetLorraine
    The Judge/Panel don't care for waffle a lot of course. I read somewhere that the best way to answer a question is to firstly answer it succinctly and then add any additional information which you feel will help clarify/support your answer. Good luck with the PHR.
  15. SweetLorraine
    Hi Confusionreigns, I think you may find that the decision by your present employer relates to everybody's overall leave entitlement - you are mistaken on simply focusing on your five extra days awarded for continuous Local Government service. If you want to trade semantics with HR they could say that they aren't touching your extra five days entitlement they are talking about your (and everybody else's) basic leave entitlement (for new employees recruited since 2011). You have ten years service in Local Government and if you move between authorities (especially without a break in service) there are several contiguous benefits which will follow you - especially if you are in the Local Government pension scheme. However you have only recently joined your new employer and have been 'in-post' for a relatively short period of time. You can not, by any stretch of the imagination, claim to have ten years service with them. If I were to work for the London Borough of Lewisham, can I also claim to be, at the same time, an employee of Glasgow Council? Of course not. I'd imagine this ruling does not affect many employees in your Local Authority - which is a double edged sword - on the one hand the overall gain to the employer may be so minimal that it isn't worth doing, or the majority of the workforce aren't that bothered as it doesn't affect them. Have a chat with HR by all means, but it would be worth having a chat with a union rep as well - they may well have agreed to this measure as a means to saving current jobs. All the best
  16. SweetLorraine
    If you are signing on have a look at the New Enterprise Allowance. https://www.gov.uk/new-enterprise-allowance. You need to be referred onto this scheme by the Job Centre. A quick heads up though, the providers of the scheme will want you to come to them with a business idea which they can support you with. They will not be prepared to explore a number of sketchy ideas, they haven't got the time and that's not their role. So for example if you were a carpenter or an electrician and you wanted to start out on your own, then the scheme can advise and support you set up that business. If you were undecided as to whether you might want to train as a plumber or a bricklayer or something else then they can't help you. Thankfully the Job Centre should have an officer whose job it it to explore some of those ideas and help you put a business plan together before you get referred onto the enterprise scheme. As for putting it all behind you, what's done is done and it is better to look forward. You know how people are like, most will have heard about it at the time of the hearing/trial, but will have moved forward themselves in their own lives. It might just get mentioned in passing occasionally, as a piece of old gossip, but as time moves on most people forget, forgive or not really care at all. One of my ex work colleagues was convicted of a crime and received a suspended sentence. We knew it was out of character for him to have done what he did. He didn't come back to work, which was a pity because many of us wanted to wish him all the best for the future. There were many colleagues who wouldn't allow any gossip on the subject afterwards as they felt protective towards him. He might have imagined that we were all chewing over the news on a daily basis in the office, but what he didn't know was that, in fact, he still had a lot of goodwill left amongst many of us. So, it may not be as bad as you think in the future. Sometimes a lot of the worry is self-inflicted, and there may be a lot more support out there than you imagined. Many have been down the same road as yourself - Emmzzi's suggestion to talk to NACRO is a good idea, they have resettlement programmes that find routes into employment and education, that may help. I was down in a cafe near Liverpool Street in London recently. Great place, real lively, friendly atmosphere, right next to the Crisis's headquarters on Commercial Street. I was surprised to learn the cafe was part of a scheme run by Crisis which supported homeless people and/or ex-offenders back into work. Everybody I had dealt with in there was an ex-offender. Would never have known that if I hadn't been told, and I still remember how happy and helpful all the staff were. Maybe that might be something worth looking at? They have the scheme also up and running in Oxford and Newcastle. http://www.crisis.org.uk/pages/employment-skylight-cafe.html Just a few ideas. All the best for the future.
  17. SweetLorraine
    Hi Confusionreigns, well, you can check it out with HR and/or with any of your co-workers who may be in Unite or Unison. They are talking about annual leave in general - there will be any number of employees there with various amounts of leave entitlement. 'In-post' refers to your time with the Authority, not your time in Local Government. If you have five extra days for continuous Local Government experience it is immaterial with regards to the decision on Xmas leave. From what you have said so far though, you will be using the two days over Xmas as you were not working for the Authority before the cut-off date. All the best.
  18. SweetLorraine
    Ah. Well hopefully it won't come to you losing you job. I'm not a legal person by any stretch of the imagination, it would need some input from a couple of members that are. I would say however that the Tribunal service appear to use a jurisdiction list in deciding what claims should be heard, which might help you right now to see if you have a claim of any sort at the moment. http://www.justice.gov.uk/tribunals/employment/claims/jurisdiction
  19. SweetLorraine
    Hi ggneedshelp, you are going to an ET over a written warning?
  20. SweetLorraine
    Hi, here's some (precised) advice on filling in the ET1 from a book on employment claims. 1) Set out what happened to you - your story. Structure is important - don't hop around like a grasshopper; at best it should be easy for other readers to follow the sequence of events you are describing. So what did occur that now gives you a right to a remedy? You don't need to mention any law at this stage. 2) Use numbered paragraphs, you can refer back to them later in your story. 3) Make sure that you haven't left any puzzling gaps. (Perhaps it might help if you could get someone else to read through it rather than yourself). 4) When you have finished laying out the sequence of events then tell the Tribunal what you think this represents in legal terms - i.e. sex/race discrimination etc; You should say whether you thought it was direct or indirect discrimination or victimisation, but you don't have to start quoting cases nor present legal argument. Hope that helps. I note from advice on other threads here you have until 4pm today to get it submitted online. Good luck, looks like you are just tidying things up before you send it in anyway? A useful website for an ET newbie is etclaims.com. Perhaps buy the book mentioned there, it covers a lot of the questions you may have as you go forward. Well worth the outlay IMHO.
  21. SweetLorraine
    Hi ggneedshelp, you probably need to add a few more details for clarity, and what do you mean by 'sanction date'? Cheers
  22. SweetLorraine
    http://www.adviceguide.org.uk/england/work_e/work_problems_at_work_e/work_employment_tribunals_e/preparing_an_employment_tribunal_case.htm#what%27s_a_case_management_discussion A little info. here, google around a bit as well.
  23. SweetLorraine
    Hi smokejumper, OK, good luck to you. It would be reasonable to assume that the Tribunal will postpone the CMD if your request is backed up by a note/report from someone in the medical profession. I would also add that you need to be clear that you are asking for a postponement of the CMD, not a cancellation. The Tribunal may also wish to know whether this medical condition would stop you attending another hearing in the future so it might be worth getting your medical professional to express an opinion on that point. Do contact the Tribunal service to see what they would wish to see included in your request for a postponement. I would also add that when I turned up for my CMD at 10 a.m. I was told it was, in fact, a 'floating' meeting. That meant that if they couldn't find an employment judge whose time was free to hear the CMD by midday I would be sent home and another date for the CMD would be scheduled. So there is a lot of flexibility at this stage in the process, i.e. it is not the end of the world for the Tribunal if they have to reschedule your CMD - it is something they do all the time.
  24. SweetLorraine
    Hi smokejumper, very sound advice from Emmzzi. The Tribunal may not satisfy all your wishes. If your employer is offering a reasonable settlement perhaps you should consider that as a victory in itself and move on. I, like you, believed that my claim would force my employer to 'see the light' and realise where I had been wronged. They don't want to look themselves in the mirror like that. They hired an outside law firm to deal with me - they had even less sympathy for my views (of course). My attempts at seeking a reasonable agreed outcome were simply viewed as a weakness. I was very emotional about the whole affair really, the other side were not at all. It left me pretty beaten up, and my claim never even made it to a full hearing. So, I, like some others on here, do drop in to offer advice based on their experiences and to try to guide others. There are some great legal professionals on here that offer wonderful advice as well. If you can get a reasonable offer at this early stage please think about taking it and move on. Emmzzi's last line is the best advice of all.
  25. SweetLorraine
    Hello again smokejumper, no, from what you have told us I assume your (qualified) medical advisors, or you, will not get sued if they can produce an acceptable/valid sick note ahead of the CMD hearing seeking a postponement. At this stage very little costs may have been incurred by either side anyway. I understand you may not wish to go into much detail about your claim. However a vague flavour of it may help some of us help you. For example is it a discrimination case, or based on disability/sex/whistleblowing - that sort of thing. Then others can advise on here. A question I was always repeatedly asked (which may help you clarify things) is what do you really want to get out of going to Tribunal? Honestly? And is it realistic? Important questions. Sometimes walking away.... it may not be only the OK thing to do, it's the best thing to do. The sense of relief in putting it all behind you may be the greatest 'pay-off' of all. I've experienced that feeling, it feels so, so good. Please give it some thought.

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