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About Christine934

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  1. Thank you, I'm not a trade union rep, this person is a close friend of mine. Going back to the breach of contract for reduction in hours, what would the remedy be in your opinion please, just for an idea of what he could be entitled to?
  2. No it has no clause in it to say that they can vary hours, but it could be more a breach of contract? What if he refuses to accept the changes and they really want to make them?
  3. No, it was a six hour contract but over the years they consistently increased to 18 hours, (he is an instructor). Would cutting his hours to 12 give him a redundancy situation? Previously he has had his new hours confirmed in court as his established hours as they had been worked for well over two years. Thank you for all your help!
  4. Hi, this person with the potential 33.3% of hours reduction is an employee with a contract, but the other people are doing the same job as him since years and think they should be contracted employees too, not self employed. There seem to be a number of different contracts going around, I have seen as and when, casual worker, part time and full time, all for the same job. The self employed though were give "consultancy agreements" to sign which basically absolved the company from any responsibility; this is what made them start digging into their possible rights and now they have an ET1 f
  5. I have another question! (There is a lot to sort out with these employees!) In a case where an employee has had his hours reduced by 33.3% and the employer refuses to acknowledge that that would be a redundancy situation if the employee did not wish to accept the reduced hours, what remedy would the employee have? He does not wish to resign as that may jeopardise his rights. Does he merely work under protest and whilst working, put in a claim with the tribunal that in effect his employment has been terminated due to redundancy, or is there some other course of action that he should
  6. Thank you for replying Emmzzi, but these particular people don't have written contracts, they are self employed but should be contracted employees as they are doing exactly the same job since many years as other contracted employees.
  7. Sorry, I think this is a simpler way to explain my question: If an employee is required to work on a pre-arranged basis to take teaching classes as set out on timetables published quarterly in advance naming the employee as the teacher and the employee is obliged to make herself available to teach the class and for whatever reason at the last minute the employer says I do not wish you to take a class is the employer liable to pay the employee for the class aborted? Many thanks
  8. Hi Emmzzi, Thank you very much for replying, this could be a problem as they are treated as self employed casual workers but over the years have established hours - they have an ET claim going through to get their employment status confirmed as contracted employees. I have seen a contract for one of the "as and when" employees and it just says that on bank holidays they need to be available if they are required to work and that they don't get any extra remuneration. The self employed instructors are paid holiday three months in arrears so if they can't work during refurbishment
  9. Hi again everyone, Just a quick question, if an employee works a regular session on a Monday night but every Bank Holiday the session is cancelled due to early closing, does the employee have a right to be paid what they normally earn that day even if the buiding is shut? Also, if a studio is closed for maintenance for example, the employee who would normally take the class is not paid even though the closure is again no fault of theirs, so in my mind they ought to be paid their normal, established hours even if it is a Bank Holiday or closed for maintenance. Would this be a cla
  10. Thank you for your message, I think as you say it is better to leave it alone, it's easy to let indignation cloud better judgement - thank you again for keeping us on the straight and narrow!
  11. Thank you for your help, my only concern is that untruths have been stated to plant concerns in a claimant's mind, but reference to the Judge not having confidence in him is maybe something the Judge should be made aware of? Many thanks again
  12. Hi there, I have a quick question, my representative is helping others now. In response to a fair question as to why a current employee (and new claimant) was given a new casual contract to sign despite being there under the same condtions and delivering the same type of work as me (a contracted employee) since many years, this is the response made by HR (they character assassinated our legal representative): "During that hearing he was told by the Employment Judge that one claim which he had prepared should not have been brought (this claim was struck out by the Judge) and a secon
  13. Hi Steampowered, thank you for replying, I think the best thing to do is to wait for the Judge's reasons and see how he sums it all up, but it seems that he was concerned that the protest was not made in writing. I will keep you posted
  14. Thank you for replying! To clarify there are a few parts to the claim: The main claim is to have her contracted employee status confirmed as even with a part time contract stating "Part Time Employee" at the top, the employers are still calling her an "as and when casual worker". Over the years she established a fixed pattern like I did - the situation is exactly the same for her as it is for me. The next large part of the claim is that she, like me, has a huge amount of unpaid holiday pay due as they didn't update their calculations when there were increases in statutory e
  15. Hi there, Just a quick update, my colleague's claims as set out above are all going ahead to be heard at a full hearing. The only part of the claim that could be a problem is the fact that she works under protest but did not ever put it in writing, so the Judge is saying that if she wants it to be heard she needs to put down a deposit as it has a slim chance of success. I would like to give her some advice please if possible, these are the circumstances: She was off work for three weeks last year in August because a family member passed away. When she got back to work she
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