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Everything posted by Emmzzi

  1. OP does not state an opt out has been signed. It therefore seems more likely that it has not, and the regulations apply retrospectively, so they need to check for breaches. See also ACAS The 48-hour average weekly limit: The maximum hours an employee can work - Acas WWW.ACAS.ORG.UK How many hours an employee can work each week. If an employer finds out their employee has another job The employer must make sure their employee is not working more than an average 48 hours a week in total across both jobs. Example Tracey works an average of 30 hours a week in a factory. This week, she tells the factory manager that she has also started working 20 hours a week in a cafe. The manager tells Tracey she risks working more hours than the legal limit. Therefore Tracey must either reduce her total working hours to below 48, or agree to opt out of the weekly limit.
  2. The government disagrees with you Maximum weekly working hours - GOV.UK WWW.GOV.UK Working time directive and maximum weekly working hours including how to calculate your weekly working hours and working time limits if you're a...
  3. they need to check that over the two jobs she isn't breaching the working time directive. Also that she has no conflict of interest between the employers. I cant see a reason for needing the pay rate.
  4. That's a bog standard dates only reference. You're over thinking it. If that is the real company name and job title please edit to remove them.
  5. @Ethel Streetasks excellent questions, the answers to which will help a lot. Additionally does she have the option of taking a PCR test locally and would they accept that as more valid/accurate?
  6. The problem with proving bullying in court is that it can be really subjective. One person's firm direction about work to be done is another person's bullying. An investigation into possible theft is not the same as saying she has stolen, for example. And you also need evidence. Quite a lot of evidence. At this stage in her working life a clean reference is worth more than the money. Take the offer and move on with life; she doesn't need the incredible stress of waiting for tribunal date and all the prep required.
  7. So right now, you have had a hospital stay, and after that, you were able to work for two weeks only. And right now you cannot work. Your employer needs to make a decision about whether you can actually do the job, or not. They can't hold a vacancy on the off chance. They employed you because they need a job done. If there isn't a reasonable date for you going back, I would expect them to start an ill health dismissal process. Sorry to be blunt, but forewarned is forearmed. Happy to advise on correct process if it gets to that stage.
  8. So they definitely need a log term medical opinion on that one. Some people can manage the symptoms to the point where they can work, and some are sadly unable to.
  9. You can try. You know if you think they're decent folk or not. I'd expect them to request you see Occupational Health. Without that it's not certain what adjustments you may need.
  10. Hi, I'm sorry you are having health problems. The DDA has been superseded by the equality act, so I worry that the advice you are getting may be a little out of date. An occupational health referral at this stage is probably seeking to advise on when/if you are likely to return to work. They need an idea of that to know what the next steps are. A few months - they might hold the job open. Longer, after the time off already, that just may not be viable - they need the work done. As long as you are on the books, you still accrue holiday, and various other costs for the employer. That probably won't go on indefinitely. So the question is, are you going to be fit to do the work, and if so, when? Harsh as it sounds, your employer needs a job done, and while they have a duty to make "reasonable" adjustments, they are not there to replace out of work benefits.
  11. I suggest this clause actually removes your ability to say no. It says required to work; not "may be asked to work." They cannot ask you to do over the 48 hours. You may be required to extend your hours as necessary in order to meet the full requirements of your job and the business, subject to the provision of the Working Time Regulations of 1998. I suggest requesting an Occupational health referral to have your max number of hours or shift duration assessed.
  12. Indeed. My employer is giving full pay precisely because we don't want to risk anyone saying they haven't been pinged, because they know they'll then lose out on money. So far, people have been so tired from staying home on furlough, they are desperate to get back to work, So no widescale abuse. We do have policies we can enact if someone is suspiciously multi-pinged... but they are the same as if someone was swinging the lead pre-covid. No change except in the type of illness. What matters here is essentially "not killing people." A majority of employees are honest, want to see the employer survive, and so act decently. There's always a few bad apples, but there are in anything.
  13. This is fairly easy to google... Statutory Sick Pay (SSP) - GOV.UK WWW.GOV.UK Your Statutory Sick Pay (SSP) - how much you get, eligibility, how to claim SSP, fit... If you cannot work because of coronavirus (COVID-19) You could get SSP if you’re self-isolating because: you or someone you live with has COVID-19 symptoms or has tested positive for COVID-19 you’ve been notified by the NHS or public health authorities that you’ve been in contact with someone with COVID-19 someone in your support bubble (or your ‘extended household’ if you live in Scotland or Wales) has COVID-19 symptoms or has tested positive for COVID-19 you’ve been advised by a doctor or healthcare professional to self-isolate before going into hospital for surgery You could get SSP for every day you’re off work. You cannot get SSP if you’re self-isolating after entering or returning to the UK and do not need to self-isolate for any other reason.
  14. When did you speak to ACAS? before or after the grievance result? Write the letter asking for the money. I can't see that you have any case for a settlement without asking. What happens after that depends on their response. it is entirely reasonable to ask you to go to mediation. If you will end up not working for them anyway - what is in it for the company to make an effort? You need to meet them partway, with an open mind.
  15. So your first step is to ask for your backdated pay from January, and the loss made on forced sale of shares - shares should be repurchased for you to put you back in the same position. Put that request in writing to them, on the basis that you are reinstated with no break in service, so need to be remunerated for the period during which you have been unpaid. Give that a week to settle, then if no news, go to ACAS.
  16. I'm confused by "the pay has been sorted" and "I have had no income since January." Have they paid you for the period you were not at work, or not? Mediation by the manager who found in your favour seems a positive, to me... I think you need to go through that to demonstrate you have exhausted all routes with your employer.
  17. Hello, that's good news your grievance has been upheld. I would expect the grievance finding to suggest a remedy in it as well? Normally mediation is a positive process, and one courts would look to see you had engaged in - so i would participate in that with an open mind and see what happens. Have they offered you your pay backdated to the date of dismissal? That would be normal with a reinstatement. Other than that, what financial loss do you have?
  18. people from overseas and eg scotland don't have GCSEs. So insisting on them instead of accepting an equivalent is indirect race discrimination. I might give that route a wee push.
  19. I am confused. She was employed at 18, and the contracts were brought in "years later" - she surely can't have long to mark time then? If it is not in her contract.. it is a gentleman's agreement and difficult to enforce. In April the cut off point changed to 23, so no difference 23 - 25. National Minimum Wage and National Living Wage rates - GOV.UK WWW.GOV.UK The National Minimum Wage and National Living Wage rates: age, apprentices, previous years
  20. Is your old job still available? You can accept the new job, go back to your old one or, if it isn't there, ask to be made redundant.
  21. Pension usually starts once you are past 3 months to save pension companies the admin for what is a high turnover of leavers in the early days, in most jobs. Lots of one month refunds to do, etc...
  22. It's enforceable. Source: have enforced similar. Choice is irrelevant; you're still leaving.
  23. Well, if your employer knows furlough rules, they can't do that and legally claim the week under CJRS.
  24. you can't be furloughed while on notice. A change in the scheme means employer's can't reclaim notice pay. Also your notice pay should be at 100% of wages.
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