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SNALF

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  1. Hi Lisa, they need to pool correctly otherwise he could claim unfair dismissal under redundancy. If he and the others who went to the contractor are all at risk, then everyone who works for the employer (not the contractor) in the same role are also at risk and the pool should include them all. The staff belonging to the contractor will not be pooled but everyone back at your hubby's employers should be. They will be expected to let any FTC (fixed term contract) staff or agency staff go first. After that, it doesn't have to be a last in first out selection. They can use whatever selection they wish as long as it's fair, indiscriminate and consistently applied. Keep us updated on whether the others are at risk too for further advice.
  2. Ok thanks. You may get somewhere with this. I would suggest that you may wish to write to them and claim an unfair deduction from pay. Your recourse for this is tribunal, not county court. If the contract is silent on shift pay and allowance, then custom and practice comes into play and if they've always paid extra shift allowance for night working, then it becomes an implied term of your contract and the employer cannot break this term in the same way as an express term (written down). In order for something to be considered implied in custom and practice, you need to show it as established. i.e. long-standing or 'notorious'. You need to show how long the practice has been in place and has it been followed without exception for a period of time? “notorious”, i.e. well-known and expected to be received. In other words, if you can evidence that they have paid this allowance for other night work and pay it to other people who work nights, it is then an implied term and they cannot break that. I would suggest holding onto all of your payslips etc, write to them and claim the unlawful deduction of pay to which you are entitled as an 'implied' term of your contract. State that you can evidence that this is established and notorious and you want paying or consider tribunal.
  3. Bear in mind GS that a welfare meeting is an informal hearing and they have no right to dismiss you at that point. They can only do this by way of a medical capability hearing which is a formal process, and only comes into play if the welfare meeting indicates that it is unlikely that you will return to work or need adjustments which may be unreasonable. The informal stage could then progress to formal and a medical capability process then begins and now becomes formal. The outcome of a medical capability hearing is for you and the employer to try to save your role by discussing the prognosis, alternative roles, likely return date, reasonable adjustments etc and the outcome of that hearing should never be pre-determined - so if they are saying beforehand that they will use this to dismiss, their process is unfair.
  4. Hi Motorleague, could you check what it says under the 'salary' section of your contract as it may state the salary as an amount + shift allowance. Need to establish if they have broken the terms of the contract before advising you.
  5. Not always so Emmzzi. It is always recommended that should the structure not be able to provide an impartial person in the event of a grievance against management, the grievance be heard by an independent person outside of the company. This prevents the process being flawed from conflict of interest and ensures a fair process. Happens quite often in small organisations.
  6. Hi Disgruntled. The 12 weeks apply to those who have no contracted hours normally, as in bank workers or zero-hours contracts or those who work on an 'as and when' basis. Outside of this, you accrue holidays only on your contracted hours, so your entitlement is set at 5.6 weeks x contracted hours. Saying that, they still seem to have got it wrong as if your employers are saying that you were unpaid because you had already worked all your hours that week, and this means that you couldn't have a holiday on the day you booked, then they are actually saying that the days holiday was a non-working day. If it was a day-off, they shouldn't deduct it. Or, are you saying that your pay was short because normally you would have worked this day as overtime for extra pay and it was that which made your pay short?
  7. Hello. I would suggest that you put in your grievance, state clearly in your grievance that you believe that if your immediate line manager were to hear the grievance, there is a conflict of interest due to the personal relationship between him and the individual your grievance is about - and this will flaw their process, making it automatically unfair. Insist that the grievance be dealt with through a formal process and that it is heard by somebody completely independent of the situation, even request an external person if there is nobody else within the business and the structure is quite flat. Hope that helps.
  8. Don't worry about the threats of costs nanny, it is very very rare that they will be awarded against you and nearly always in the event that your claim was malicious. Take no notice. How long have you been employed? This is very important.
  9. Good site for you Sidecar, link: http://www.direct2lawyers.co.uk/employment-law/witness-statements-how-to-draft-them-for-the-employment-tribunal
  10. Hi Damion. What grounds are you intending to appeal on? The dismissal was procedurally unfair for a start as they have to make you aware at the beginning of the process if it is deemed gross misconduct and could result in your dismissal. This should have been the basis of your appeal but I understand that the chance of appeal has gone now. What other grounds are you claiming on?
  11. Send them an email today stating that you confirm your intention to leave after your notice period and that you are available to work the notice, so your termination date will be XX. Ask them to let you know what shift you will be working and state clearly that if they do not require you to work your notice, you are happy to accept payment for the notice period instead. It is very very unlikely that they will ask you to work it but they will then need to pay you because you are offering to do so.
  12. Hi Sidecar. They can't stop it being submitted but they can dispute the content if it is not factual. Stick to facts and not your opinion and you should be ok. The respondent will have the chance to question you on the content at the hearing. Are you ok with the structure of the statement or do you need some advice?
  13. You are entitled to be paid that week usablurb. The statutory notice period if you have worked over a month is one week and contract or not, you are entitled to this. If you offered a week's notice and they declined you to work it, they have to pay you, it's the law. As long as your letter didn't state that you were leaving immediately, you are due a week's pay.
  14. Hi Damion. Can you check the original letter that invited you to a disciplinary hearing? Did it state that termination was a potential outcome? Also, how long have you been employed?
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