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Everything posted by SNALF

  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?
  15. Considering that employees have been dismissed for far less than this, I think you are being very lenient in just dealing with it as a 'chat'. You could go really hard on them and I'd advise making them aware that it is a serious disciplinary offence. After the chat, if you still want to keep it informal, issue a letter confirming the details of the chat and what behaviour you expect to see in the future otherwise you will make it a formal issue if this sort of misconduct is repeated. You can lawfully keep this letter on their personnel file as a reasonable management instruction.
  16. Whoa USA, you can't let them get away with accepting your resignation with no notice. Contact them immediately (even by email) and tell them that they have a legal obligation to provide you with a contract within the first 8 weeks of employment. Tell them that your statutory right is to one week's notice and you are willing to work this. If they decide not to let you work it, they HAVE to pay you. Also point out that you are claiming all of the unpaid hours at minimum wage and your holiday pay.
  17. Moving you may be their only option Amy. If they accepted your past and were happy to continue working with you, they now have third party pressure due to another agency becoming involved. In that situation, they could end your contract under SOSR (Some Other Substantial Reason). However, before doing so, the employer must take into account the extent of any injustice to the employee. If the employer fails to do so, the dismissal may be unfair. Have a read of two cases which were won by the employee, you can google them. They don't relate to CRB checks, but they do relate to SOSR due to third party pressure. Dando v Britannia Services Group Ltd and Greenwood v Whiteghyll Plastics. Study them and use them in your disciplinary to warn the employer that dismissal may be unfair and they have a duty to move you into another post if one is available. They cannot create a role for you so make sure that other work is available. They have a duty to move other people around to slot you in.
  18. Hi KS. Are you suspended? What is your original NHS entry date, not your current Trust but the original?
  19. I don't think they have a strong case Amy. Can you answer a couple of questions for me? When the CRB checks were done over the past couple of years, did anything show up and did they meet with you about it? In other words, did they know and not have a problem with it until a third party interfered? Did you receive any sort of conviction as a result of the allegations? Even a bind over or caution? Can you remember as far back as the time that you applied, did the application form ask about just convictions or anything pending too?
  20. Sounds like you are best out of there Laughing Girl but still don't let them get away with it. To make a nett payment in advance of a payrun, they normally deduct 33% to make sure that they have covered all deductions for when the payrun happens. If you are calculating your wages, divide the payment they made by two and then times by three, that should give you the approximate gross. Then divide the gross by the hours worked (bearing in mind they may have a 'cut-off' date for extra hours). There is a chance that they do not calculate payment outside of a pay run in this way, but most employers do. Hope that helps.
  21. Hi LaughingGirl. If a payrun has been missed or went wrong for some reason, an employer can make a payment without a payslip being produced rather than leave their employees high and dry. As long as the amounts are then included on the next pay run (i.e. February), they are ok to do this. They are sort of making a payment 'in advance' of the next formal payrun. Just check with them that they are not planning to never produce a payslip, merely that there won't be one for this payment as a payrun hasn't actually happened.
  22. Yes absolutely right Brigadier, I think the thread has diverted into the general vagaries of the checking system itself rather than the specific enquiry.
  23. It's actually unlawful to apply a CRB as an employment check to a job that doesn't warrant it. There is a list on the CRB website for jobs which are exempt from the law and all other requests should be challenged. The exception is agencies if they could post a candidate to an assignment which comes into the exemption category so they can apply as a 'just in case'. Other employers cannot.
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