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Everything posted by Emmzzi

  1. TUPE means you keep your continuity of service. http://www.acas.org.uk/index.aspx?articleid=1655
  2. You would be entitled to either redundancy, or to be TUPEd over. If they want to keep you, it's TUPE and you don't get a choice.
  3. The boss has been in a meeting with this person and you, and seen the behaviour first hand; and chosen not to act. Save yourself a stamp, move on, and live a good life. The are not worth your emotional energy.
  4. bank staff is like zero hours; keep signing on until you are getting regular shifts
  5. Think about "how hurt were your feelings" rather than "how many different routes were used." So the overall consequence. https://www.workingfamilies.org.uk/articles/calculating-damages/
  6. Ok. I am not sure I think that's "war." But YMMV. By "collar" do you mean hit or talk to? And, what is your advice if the son does NOT want to get a new job?
  7. Yup. But you haven't said HOW so your advice is not actionable?
  8. Ah, sorry to hear that. I hope you feel better soon. Technically they should pay you SSP and then go after you (in court unless you reach an agreement) for the learning fees. However check the learning agreement carefully to see what it says about dismissal. Sometimes that is a specific exemption. Sometimes not. I am wondering if it is actually an apprenticeship, as it was a surprise, and over a year? The reality may be that they are coming after that money one way or the other; and there is no way to force them to fork out now, without court. But, do ask for a breakdown of what they say they are due. Sometimes it's a bit dodgey...
  9. so, you do need to follow their procedure. My understanding is you do get SSP - see here https://www.gov.uk/statutory-sick-pay/eligibility However, if you are leaving and you owe them for training per the contract you signed - they could offset against the fees. Technically there's a load of stuff around minimum wage and the way they get the money back. Are you quitting/ being dismissed? I am confused about why the fees have come due otherwise.
  10. have you given them original fit notes yet?
  11. There’s a clear legal/court process though. And it’s there because you can’t collectively bargain with multiple unions who want different things. You’d never be done. I get that you think all management is evil, but the workers/ unions have to do their bit too. Also, you seem to have managed to acquire every bad manager in the country. Generally it isn’t 1970s down tools and have a strike out here any more
  12. http://m.acas.org.uk/index.aspx?articleid=4018 under 21 workers less than 10% workforce members havent asked to be recognised havent served formal notice Literally not secret at all.
  13. It’s not secret: it means the union can negotiate in bulk on behalf of employees on stuff like policy and pay, and have rights to be consulted.
  14. I think you may find this guide useful. It' quite detailed, so you will not need all of it! It is in plain language, and includes a sample impact statement, and a helpful sample letter to write to your doctor for their statement too. https://www.equalityhumanrights.com/sites/default/files/proving_disability_and_reasonable_adjustments.pdf
  15. It's more important to add to the bundle the evidence you want considered. Don't confuse evidence of bad behaviour in the run up to the hearing, with the meat of your case. It's irritating but it won't win it for you. Stick to the knitting.
  16. So, suspension is a theoretically neutral act. And thus legal. However it's probably a term of the investigation that he doesn't contact other employees, so as to let the investigator have a clear run at it in an unbiased way. So if the signatures were gathered after the suspension, I'd be setting them to one side. As an employer I might be going for a breakdown of trust, coercion of employees or refusal to follow reasonable instructions angle. So I'd start prepping defence around that. As you have said, the employer acts within the law. Legal and fair are not the same. I think your friend has painted a target on his back.
  17. I assume they are suspended pending an investigation on full pay? And the suggested issue is some kind of misconduct?
  18. I'm assuming there's no union? Unfortunate as there would be protection if there was... it's the difference between "legally recognised body" and "stirring trouble makers"...
  19. Hi OP, just from what you have told us, they need reduced targets and hours - that's not doing the whole job. The employer would not be "forced" to accommodate that, it's not "reasonable" to pay all of the wage for part of the work. I think you may need to take a step back - you seem able to see this from one side only, which is understandable, but will not help your family member.
  20. I’m hoping the union. People with complex employment needs should be in a union. if not, HR for mediation. Because as soon as you make it a fight, someone loses.
  21. You can never tell if it’s harrassment from a one sided second hand account though....
  22. you say part time hours is a reasonable adjustment and then say " They applied for a promotion in a different dept for a full-time role and succeeded." These two things don't align neatly in law. The time to check the flex is before taking the job, not after...? Honestly I'd ask for the old job back if it hasn't been filled. Your questions seem to seek clear cut responses. Everything in this area is grey and opinion.... only the court define "reasonable", and if you have to get to that stage to get something workable, it's failed already.
  23. In the request, I think you also need to suggest how the 4 - 5 part of the day can be covered with minimum impact to the business.
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