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Pusillanimous

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Pusillanimous last won the day on April 21 2015

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  1. If you work in the UK then UK local legislation applies, assuming you don't work for a diplomatically immune employer. Trawl through your contract with a fine tooth comb. When in Britain, British laws supercede private contracts.
  2. Be very careful about what he admits to. Under no circumstances admit personal blame.
  3. There is no harm in your putting in a Formal Grievance setting out - in easy to read format with plenty of white space - what you have told us. Let them know, in your view, it is unfair, and you were off with severe stress which prevented you from calling, and for which you are very apologetic about.
  4. If technically the money is due, I would suggest you send the lawyers an expenditure/income budget spreadsheet and offer to pay it back at £X per month. Give them an alternative, that you'll pay them 50% immediately, if they are prepared to meet you half way and discount it 50%. Negotiate.
  5. This is a quite normal clause. Do your advanced course, stay the two years and then nothing's due. If you find a better job earlier, £600 is not too much to lose (it'll be pro-rated, anyway, depending on when).
  6. I would recommend you go to a High Street Employment lawyers and ask them to write a response, suggesting a sum in settlement of the dispute. Are you still in time for an Employment Tribunal claim? If not, think twice, as libel claims are very expensive.
  7. Quite often, if you have a strong case, they will be keen to settle as soon as they realise you are determined to take legal action, if necessary.
  8. I would recommend, as have others, Change Management. First you need a trigger. That trigger here, is you. Call your staff together and tell them you are here to instigate a new culture of mutual harmony and cooperation as a team (or whatever, use your own words). Next, start calling the changes. The use of a Cultural Web (look it up) can be a useful model to apply. Set up one to one consultations where each staff member can express their hopes and fears with you about the new culture. Next arrange a changeover date with your new culture in place. This can be sudden or phased. Next, negotiate with your staff. People resist change, so think of carrots and sticks. Once change in place, make it clear mutiny is over. Anyone still resistant can be managed by disciplinary processes (look them up).
  9. London000 I do not understand why your boss falsely accused you of stealing? Did you have a permanent contact and were you there two years or more? If so, you may have employment rights. He cannot just fire you with no reason and no due process (look up ACAS guidelines). Put in a tribunal claim of unfair dismissal within three months of the date of termination. The onus will be on him to show fair reason. A tribunal judge will take a very dim view of a false charge of theft.
  10. On the face of it, two different jobs; sounds like your union rep might be right. Is it too late for your union to act for you in this?
  11. http://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2015/04/21/how-to-change-terms-and-conditions-in-employees-contracts.aspx Here's some recent case law directly relating to this issue.
  12. This is a common clause. However, it might render your contract unlawful as a contract cannot repudiate itself. On the one hand they are stipulating your hours, on the other they are saying it is variable. Ask them for a variation of your contract in writing. They cannot vary your contract without your consent. As you have been working all these addition hours, I would argue, this reflects your true contract hours as it has been going on for so long by mutual agreement, even if not in writing. In other words, if they want to reduce your hours, they need to seek your consent (variation of contract). If you have been there for the qualifying period, you have employment rights. You could claim breach of contract and constructive dismissal if you do not agree the new terms. I know nothing about the facts, so you would need to seek proper legal advice.
  13. They can only claim costs if you were unreasonable in bringing the case. £3K is high. It's such a shame when you've been treated so unfairly.
  14. You won't need it yet, but start researching a possible expert witness. Perhaps your consultant? It needs to be somebody willing to withstand cross examination. In disability cases a simple medical report won't be enough. The onus will be on you to know this.
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