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happyhelper

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About happyhelper

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  1. Ok. Well a Union can also be helpful. Let us know what they and ACAS say. I'd imagine the latter will be more accessible. re your contract. Again I'm a tad confused. Do you have a permanent contract as well as a zero hours contract !? Or am I just been plain daft ?
  2. Hi Beans . I may be being thick, but I'm unclear what NHS "work bank/ agency" is. Are you employed under a contract of employment and when was your first working day ? Was it before or after 6 April 2012 ? As a first point of contact have you called ACAS ? They offer a free and confidential helpline re a whole raft of "workplace disputes". The helpline is open Mon to Fri from 8am to 8pm. Contact # is 08457 47 47 47, but in my experience, and that of many others, ACAS advisers are generally very good and you can call them time and time again. Please mention to them answers to the abo
  3. Chinna - sorry to hear about your troubles. Not uncommon to hear gripes about protracted appeals ; they are generally a farce. If the appeal chairperson upholds your appeal(s) then you deserve praise. That said, I'd be somewhat surprised. Apparently only say up to 5% of employee appeals are upheld. IMO the only way for appeals to be fair would be for an independent free at point of service body ,such as ACAS, to chair the appeal. This may involve a lot of public resource, but at the same time it may reduce the # of claims being presented to the Employment Tribunals. Sadly, such a solution is n
  4. Deb. Just read your post and threads for first time. You have my utmost sympathy. I have been in your position and empathise. Thankfully, I was fortunate to have a positive outcome. As per usual CAGGERS are being helpful, but I would like to add the following as I sense there is more to this matter than would appear to be the case. Before commenting, I wish to point out that I am not medically qualified per se. 1. Rebel's guidance has been particularly helpful. 2. Sick harassment is a poignant observation. 3. If you have not done so already, may I recommend that you keep
  5. Hi All, Been off site for a while, through choice. Just catching up on this interesting thread. All I can offer is the following observations based on my own relevant experiences : 1. Side, Emm and I appear to owe you an apology. We should have forewarned you that you would in all likelihood be told to leave any "consultation" meeting and the "employer" was within their rights to do so. That said, was a letter sent to all affected staff inviting them to said meeting and giving them at least 48 hrs forewarning ? if so, the invite letter as per good practice should have mad
  6. But , is it resolved !? The employer may be conducting an investigation and then may get around to interviewing OP. Alternatively, it may well , and hopefully, amount to nothing.
  7. Okey dokey and sorry for doubting you. And we may have achieved nirvana with this post. I agree with Emm re first priority being transferor and transferee's knowledge of TUPE. Tactically, I sometimes advocate letting employers screw things up and then take them to the Tribunal. Kinda cruel, but if you educate an employer, they rarely thank you, but they may still make you redundant and/or then fairly, as distinct to unfairly, dismiss you.
  8. I'd be shocked if the exit of ATOS's services caused an undue delay. A cynic may suggest it may speed things up and the outcome may be fairer. I doubt the DWP and Ian Duncan Smith would allow things to go from bad to worse. IDS is already facing some heat.
  9. .... and if the FT link is restricted then simply search on google (there are other commercial site engines) with words .... ATOS ... and THREATS.
  10. And BTW for the avoidance of doubt in posting the thread I clearly do not wish to encourage the sort of threats used by some activists to eliminate ATOS.
  11. As (I) predicted. See below. http://www.ft.com/cms/s/0/5abc8d36-9a28-11e3-8232-00144feab7de.html#axzz2tttGCsxL But, is it a victory ? Well sort of yes, but the war is far from won. DWP may now make ATOS scapegoats, but will still discreetly pay them millions of pounds and may well not even condemn the French based conglomerate for not paying sufficient (if any) corporation tax. A new set of out-sourced, well paid, well oiled cronies (eg G4S , Capita, Serco) with allegedly, with previous, will then be engaged. In any event, well done to the CAGGERS who turned out to yester
  12. Hi again. Clearly Sidewinder appears to be the most knowledgeable CAGGER re TUPE. I did, however, point out the 20 person threshold, and that does in fact apply in the scenario you portray. You keep asking about redundancy. I will bow to Sidewinder's greater knowledge, but as far as I am aware, it is entirely feasible that the new owner could find a lawful reason to make your OH (or is in fact you !?) redundant. The rules are complicated in this regard, and are dependent upon the specific facts and circumstances of your case, of which we do not have sufficient knowledge. Sorry to sound l
  13. I will be reporting your two posts to the Site Team also. You are entitled to your opinion Emm, but so are others ; even if they are new CAGGERS. I would PM you but my PM service does not seem to work. If Emm, or anybody else for that matter, thinks that I have broken a site rule, pl PM me and kindly tell me what I may have done wrong x
  14. Hi Curl 75. Never seen your post before, but it is a fascinating read, and clearly Steampowered's contribution has been invaluable. I have seen many such COT3's and/or compromise agreements. IMHO you need to urgently see a professional solicitor with experience in Personal Injury and Employment Law, or better still a barrister via direct access. A law firm would most likely see you at no cost for an introductory meeting, and from what you say in the post they may well act for you on a no win no fee basis re your alleged PI claim. One problem in that regard though ; it's 2 years sin
  15. BTW ; a thicko question, but as I don't really do text speak can I presume that an OH .... is your Other Half !? I also have a minor clarification / technical query to ask Sidewinder. In their last post the member says above ..." If your OH was to dig his heels in and start asserting his rights, he could be looking at a redundancy payment plus 13 weeks wages as compensation for a failure to consult......(added for emphasis) ..presumably re TUPE". I understand this is a protective award. As far as I am aware such a compensatory award (if awarded) is up to 90 days (circa 13 weeks). In a c
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