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Everything posted by Pusillanimous

  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.
  15. It is a minefield, as I have heard of ppl spending £50K on a tribunal and of lawyers (in the view of the claimant!) bleeding the insurance money dry, and then dropping the claimant. To get back on topic, surely it cannot be the case that the OH view is infallible and set in stone. All opinions even professional ones, must be open to appeal or challenge. It might be useful for the OP if there is some kind of case law in which an OH report was successfully challenged. Bearing in mind, they a paid by the employer to write up the report, they will have a vested interest in writing what the employer wants them to write.
  16. Where you have a case represented on both sides, fully 50% of those lawyers obviously did not mirror the judges, biased or not. Some 10% - 20% of verdicts going to appeal get overturned or sent back, so judges are not infallible, either. The other factor, is employment lawyers often only have the employer's reasoning to go on (= half the picture). Some just assume the employer must be right. Most lawyers are not up to the standards of a judge anyway, who are trained barristers.
  17. I know someone who was turned down by the union solicitors and various commercial and charity ones. They took out a claim anyway...and won. It depends how strongly you feel about it. What you would need is your own expert witness. This would cost at least £600.
  18. Under the revised Company Law Act, directors who knowingly cause liability can in in law be held personally liable for the liability. You have a judgment from the EAT confirming your ex-boss to be a rogue director. See here this recent case of two directors who helped themselves to cash and assets to deprive their creditors: https://www.gov.uk/government/news/mansfield-husband-and-wife-duo-sent-to-jail-for-helping-themselves-to-companys-money
  19. The effect of a Statutory Demand is that if the respondent does not pay up or appeal within 21 days for the High Court to set it aside, it is a done deal he will be made bankrupt, a trustee in bankruptcy appointed and assets seized. The effect of an enforcement order (ask the ET about this, first) is they can just turn up without notice to seize cash or realisable goods to the value thereof. As you already have a court order for remedy (from the ET) there is no further legal argument needed.
  20. Why not go for High Court enforcement (a Statutory Demand? That way, the guy gets no notice until two burly enforcement officers turn up on his step. Cost is quite moderate, which you get back. "Can't pay? We'll take it away!"
  21. Go £17K plus statutory interest. How can you lose? You have the ET Remedy Order and the EAT Judgment.
  22. DemolitionRed: your bosses haven't really "come clean" with you, as the line manager who dishonestly hacked your account is still working there (hello?). Your bosses, as the employers, are vicariously liable for the actions of the three employees of potentially criminal intent, so don't be fooled into thinking they are innocent.
  23. Glad it had a happy ending. Not everyone gets that. You could not have taken it to an employment tribunal as there is no jurisdiction, because of the two -year rule. As it is a criminal matter, it is up to the Crown Prosecution Service as to whether it goes to court. Yes, there is the civil route. However, without your employer's confession, you would have been short of witnesses or evidence (cf the failed Stephen Lawrence civil case). You would also realistically need capital of circa £50K to bring the case. Would your legal colleagues have worked two or three weeks pro-bono? In addition, you need to identify the correct law and correct respondent, as a judge cannot make a finding on something not pleaded. So it is not really fair to criticise the advice on here helping you to get it right. Go back for now and get your commission. However, I would be wary about staying there as there appears to be no internal controls and an element of corruption which no employee should need to deal with. It is the directors' responsibilty and fraud should never have happened at all. I would find a new job as soon as possible.
  24. Write to your HR Manager asking for feedback as to what qualities the successful candidate has that you do not. Depending on their response, lodge a formal grievance (state this) quoting the Equality Act (age, or whatever you suspect it is).
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