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Posts posted by billathome65

  1. Hi cheers for the response I don't like what if's myself but previous experience is key to my skepticism.


    If the builder did a report and she refused would her insurers refuse to pay up should the worst happen?


    I know she is on hard times currently but we all are but don't want to put her in any more difficulty if I can help it and as this builder is a good friend he is offering the work at a knock down rate.


    He has said if she gives the go ahead to do the work he will also repair a hole in her roof as part of the price.


    He is semi retired and only takes on small jobs now to keep his hand in and make a few extra quid.


    Cheers Bill

  2. Hi guys


    A little advice and guidance needed.


    Some years ago our neibour spoke with us stating that a builder she knew stated the chimney needed re-pointing and offered to go halfs with us to keep cost down which we did however only half the chimney ( Our half ) was done we discovered that whilst she gave him the go ahead she chose not to have her side done which was just crazy.


    skip to present day and I had a builder friend doing some ridge repair work on our roof and he asked me to loan him my phone and he proceeded to take pictures of the chimney stack he then informed us that the chimney as it stands is unsafe and ready for a good gust of wind as due to the fact that next door have not had their side of the chimney re pointed it has affected the stability of the stack.


    He has given me a really good quote for the work which I'm happy to pay but not for doing her side.


    I need to chat with the neibour sharpish on this however should she decline to pay her share and the stack does come down where do I stand as I will have given her the opportunity to rectify this now in advance.


    How to go about this??



  3. As a union rep I have to say I am disgusted with the lack of support = zero support from the regional officer and in store reps who as they where not affected couldn't give a damn.


    I had a long meeting with the Personnel managers last night an basically laid out the facts as I saw it and put them on guard for any possible claims arising out of redundancies they where quite put back by this as I don't think they'd expected me to have done so much research they where not happy at all :-)


    I also spoke with our PM this morning and also put her on guard.


    This was after I had been pulled back in the office earlier in my shift to be notified that my application to move to a similar vacancy elsewhere had been successful so for now I am still in a job, the only down side is that as they already have a night rep I will have to step down :sad:


    This has not placated me as I am determined to support every one of my colleagues and guide them till the bitter end.



  4. UPDATE:


    I have spent the last two weeks supporting colleagues in consultation meetings and have seen most of the jobs night staff did go up on the board for them to re apply.


    What has become apparent is that the jobs have been hacked to pieces where there where once 36.5 and 30 hour shifts theses have been reduced and at such times of the day that they actively discriminate against staff with family and mortgage commitments leaving vacancies untouched as the night team choose to take redundancy rather than accept the insult of scraps being thrown on the floor.


    As I was told my roll was redundant I have asked for redeployment to the same roll at a near by store which was advertised in store ( Which I expect to get as I more than meet and infact exceed the criteria for )


    However I have now seen on the board that my old roll has been re advertised with the old roll title which tells me that my roll was NOT redundant what has happened however is that the hours as with the other jobs have been slaughtered to such an extent that it would be UN-economic for me to even look at.


    I have been back in contact with ACAS with the new information who have advised that if I can show that the alternative vacancy being offered is unsuitable based on my previous roll and the redeployment roll with these ones plus also given the statement that one of the criteria should more than one person go for the same roll be ( being a union rep ) which could be being used as a detriment to me being offered suitable alternatives, It would appear that i could have a good case for unfair redundancy / unfair dismissal?


    I am wondering would it be advisable to sit on this information until I hear the outcome and the appeal any negative decision with the possibility of taking it to conciliation or tribunal.


    And should I demand the company provide me with a job description of the new roll and my old roll where they can show how the new roll substantially differs from my old roll bearing in mind that they recon the new roll is customer focused merchandising when my old roll of general merchandiser was customer focused Hmmmmmmm.


    Ideas please



  5. Hi ericsbrother thanks for taking the time to respond.


    Following the unions inactivity and a lot of shouting on my part and I suspect the rumors that where starting I finally got the information I had been after.


    The issue involving my roll was they had originally suggested it was moving to the new time slot however it was not made clear that the roll had been made redundant due to restructure involving a change in who had responsibility for the task which is now department specific and the title change. I accept that and have been handed a copy of what my expected final pay will be.


    The company have realized that they have had to do some damage limitations and the whole process has now been laid out for me and other reps to see. Based on that I was able to answer most of the questions the night staff had I am resigned to the fact that I am unemployed from 11 March which is my birthday :-) however I am hoping there are other rolls that will give me the hours I need to remain.


    If not its down the bank pay off as much of the mortgage I can then look for a new job.


    Cheers Bill

  6. I used to work in mental health as a residential support worker until one day an accusation of a sexual nature was put in against me by a client who was well known for making false allegations. However as the normal process was to contact the police I was questioned formally 3 months after the allegation I had actually left the company resigning my post as there was as I felt a which hunt being levied against me.


    The who case was dropped as there was no evidence DNA etc to support this false allegation however to my shock when I applied for a new job some time latter it the advice from the CRB was not to employ me working with vulnerable people needless to say my career was destroyed by these accusation and I was convicted and found guilty by stealth. I put this out there because I know how this system is destroying people and families I lost my job my carer and good money.


    Just thought i'd share

  7. The union made an agreement with the company not to let the union reps know what they had planned which as I see it goes against what I and our members would expect.


    The union have done nothing to support reps or members up to now effectively hanging us out to dry, and have not had the decency to come forwards and explain their actions which has caused a lot of anger from members but as members fear loosing redundancy pay by alerting the wider public of this disgusting behavior no one is speaking out as of yet.


    So understandably my trust in the company and the union is now none existent and although a rep in store who is not affected by the changes is feeding me information his attitude as I am a rep is ( It's not all about me there are other members affected ) He has totally missed the point that as my roll is at risk and he wont be paying my mortgage it is all about me and my family at this moment so as you can see this is why even if the advice may not be what I want to hear, I am looking for other support and guidance from you good people.


    Regards Bill

  8. I was hoping someone could suggest ways forwards maybe a letter of grievance with the grounds for grievance?


    As I see it even though my contract has me down as general assistant, I was told that as I have done the same role for years this in itself forms the contract?


    Also the company have a process of moving you round the business right hours right place and have used this for changing my shifts and times previously and as the roll is only being moved to a new time surely this same system should be applied again as it is what makes up the policy?


    I spoke with the manager rep today who also highlighted that if we are being required to re apply for our posts then a manager was assigned to a post that really should have allowed other displaced managers to apply for to so there seems to be no consistency in the companies policies and processes with regards to this scenario?


    Any ideas?


    Cheers Bill

  9. Hi to answer the first question whilst the post links with other previous ones they where related to other colleagues this one is specific to my current position.


    To answer the Third question the company have not specified a pool but the options given are move to a vacancies in store if one is available move to another store where a vacancy is available or compulsory redundancy. I have spoken with ACAS as our union have in my opinion failed it's members by forming an agreement with the company to withhold the details of the companys plans making it impossible for the reps to effectively support and guide members. When mentioning Constructive dismissal they stated that rather than constructive dismissal from the information I have given them I could possibly have grounds for unfair dismissal should my role be denied to me. Which leads me to the second point made.


    As I work in a big company my title is general assistant which covers all eventualities however I joined the company as a merchandiser and have done only this roal for the past 8 years with no concerns raised about my abilities to do the job in fact the company moved me to another role for two weeks and admitted they had acted incorrectly as others struggled to do the job right.


    My issue isnt the company changing the shifts / tasks to suit the business which is their mantra when moving people round the business but the fact that when they did it in the past I was never required to re apply for the job as the job was just moving however they are changing the goal posts now to meet a new agenda which Iis totally unfair as the role is not redundant it seems that the criteria could be used to dismiss the over staffing or as a way to introduce a new contract stripping me of any other premiums I currently would be entitled to.


    As the new CEO is renound for hating the unions the fact that one criteria mentioned was if your a union rep which was recorded in my meetings minutes that has raised alarm bells for the ACAS adviser I spoke to.


    So all I am asking for at this moment is ideas to take to my next meeting which will strengthen my position.


    It may seem selfish but I am fighting for my own job at the moment so am concentrating on my needs.


    Cheers Bill

  10. Ok this is one that affects me directly so guidance is needed.


    I work for a large retailer and as part of my job they can change my shifts / hours to "suit the needs of the company". Because of this my shifts have been changed on 3 occasions causing major upheaval and stress within the family as we try to juggle time.


    I originally started on days then was moved to nights then twilight then back to nights all to suit the needs of the company. However now they have decided that they are changing the way replenishment is done ( Not my roll ) however this means the closure of the night shift which I am on ( Not through choice ).


    I have been reliably informed that the roll I am doing is not being made redundant but is being moved to an earlier twilight shift which I am happy to move to.


    But now I am being told that as the roll is moving to twilight I will have to re apply for my own job ( To make it fair to others? ) what about fairness to me? A job I have done for 8 years I think they are doing this in order to force redundancies of over staff and possibly as a way to change my contract to remove my Sunday premium which makes up my wage.


    My argument against having to re apply is that the company have used the " needs of the business" speal to change my shifts on 3 previous occasions and I was never required to re apply but now they want to change the goal posts to push though their agenda which could ultimatum lead to my redundancy cos as a union rep I am sure I would be in the firing line as the new CEO Is anti union.


    I am getting ready to address the current situation through the consultation process but would like some guidance on recourse, questions to support my current concerns and ultimately highlight any areas to take further should the worse scenario play out.


    At 50 I know if I end up out of work I will probably never work again. I have worked almost continually since leaving school.and cant see myself unemployed.


    Advice please.


    Cheers Bill

  11. Hi no one is required to work the Xmas Eve night shift going into Xmas day however I am aware that the company as a whole was asking some staff iff they would go in I myself was considering going in but as I never got as far as to show my interest I was not privy to what was offered or not.


    I would not be surprised if they where approached separately but am waiting to see the 4 colleagues to get a bigger picture.


    What would seem to co-berate their allegations is that they where pulled in the office to be told the alleged deal had been rescinded. I know the 4 colleagues personalities and none would have agreed to work unless they had been given a deal. Plus we have another colleague who is saying the same thing who alleges he got a bonus payment and the time and a half.


    I am obviously thinking as you ie their word against managers if approached individually. However the fact that a colleague who did get the bonus payment etc is co-berating their claims.


    I will be clearer once I am in possession of all facts and allegations and hope that I can get some guidance from you knowledgeable people before moving forwards?


    Cheers Bill

  12. Your second point is definatly worth investigating as the rules recently changed Re: holiday pay and hours


    Cheers I was thinking the same thing on the second point and you have confirmed my suspicions. I could do with some council on the first matter and best way to deal with it especially as I am hearing rumors that the night shift could be axed or redeployed. If the first is true then any redundancy pay for these two will rely on acculturate information.


    would the holiday calculation be directly attributed to the overtime done ( so a monetary remedy? ) Or would the people affected be entitled to the days off?



    EXAMPLE. If on the 1 day core hours they get 4 days of - if they have done reg 5 days are they entitled to say 20 days off? If that's the statutory amount of holidays given to a worker contracted to do 5 days or would the core holidays still be 4 days If that is the case then I'm confused as to how it works


    Regards Bill

  13. Sorry I should have said I am a full time union rep myself so yes I mean union reps or one rep in particular.


    The issue is there are many changes occurring in our company at the moment and the other reps I deal with who work the day and evening shifts and best placed to address night colleague issues, so saving me having to stay back till 8-9am or go in outside my shift; however they seem reluctant to challenge the PM and senior managers unless it directly affects their groups?


    To be honest I get the feeling that one rep who paints himself as Big Chief Repingbull is scuppering many of my concerns directly colluding with the PM etc to make issues disappear, so I am loosing faith in him particularly but he is my first port of call unless I go and address the issues myself..


    That is why I want to be clear before jumping in on this matter.


    Regards Bill

  14. I was recently informed that 4 colleagues where asked to work the night shift Xmas Eve and where told that if they worked it they would be paid a bonus plus time and a half for the hours worked.


    The 4 staff have now been pulled into the office and told they wont be paid the time and a half for the hours worked nor will they get the bonus promised but have been told they can take the day they worked back as holiday.


    Now one could say that as there was no one else round it is their word against the companies however the person who made me aware of this issue also did the Xmas Eve Shift was told the same thing and was paid the bonus plus time and a half He is going to bring in his wage slip for me to copy before I raise the issue with the PM


    I would assume that faced with the evidence of the additional payment to one colleague the company would be obliged to honor the agreement if not what is the redress?


    Regards Bill

  15. Ok I need some guidance with this as the other reps aren't being very forthcoming.


    There are two colleagues on Flexy contracts 1 does core hours of 2 - 7.05 hours but has worked a regular two other shifts per week over the period of a year.


    The other has core hours = 1 - 7.05 hours but has regularly worked an additional 4 shifts so that,s 5 shift per week over a period of a year. It is clear that both colleagues should have their contracts re-evaluated to recognise this but does the employer have to do that as it seems that the company is acting unethically in my opinion.


    A bigger problem is that the colleague with one shift has holiday entitlement of 4 days even though he / she is effectively doing a full time role and recently had to drop two weeks overtime to take holidays. However it is my understanding that anyone who does regular overtime is legally entitled to have those hours calculated in for the purpose of holiday pay. Am I correct if so both colleagues are entitled to a large number of days holiday before the end of the tax year.


    Before I take this further I would appreciate some clarity here as I seem to be working unsupported by other reps.


    Regards Bill

  16. £10000.00 is the figure in the claim. She isn't worried about the claim as she works in insurance and in fact works for her insurer. I was just checking as her dad :-D.


    I know the fact that she is a single mum etc has no bearing however that being said she aint got two pennies to rub together so would not pay out this bogus claim anyway.


    The accident didn't go through the police just the insurers however there is a witness to the amount of people in the other car.


    As far as my daughter is concerned she gave all the info to her insurer both after the accident and when the bogus claim appeared. her insurer paid the original claim as a fault claim but refused the second claim based on the information their legal team where given as they base the decisions on probabilities they have refused the claim so I think the bogus claimant is now trying a private claim in order to try and circumvent the insurers decision.


    My daughter recons that as this is related to the original claim her insurer will have to take it on again she also has legal cover with her union which she recons deals with none work related stuff so if all fails she will pass it to them.


    Thanks for the advice anyway I will keep you updated as to the progress and outcome.

  17. Hi this may be a strange one but here goes.


    Over a year ago my daughter was driving her car with passengers in. There was a busy junction that she was edging out of when she noticed a car was coming on the outside of other road users ie overtaking at speed, at which point she stopped however the other car collided with her car and came to a halt some way past her car. This was witnessed by another driver.


    The collision went through my daughters insurance who agreed to pay out on the basis that she had edged out into oncoming traffic even though the accident was plainly shown as my daughter felt to be due to the other drivers reckless overtaking.


    Jumping ahead almost a year later my daughter was contacted by her insurance company stating that another person had now come forwards stating that they had been a passenger in this vehicle. The only people in the other car where the driver a female passenger ( apparently his wife ) and a child the wife was a front seat passenger however the claim was that now the other passenger was female and sat in front passenger seat and had a totally different name so effectively putting another passenger in the car and in that case sat on his wifes lap :-) ?????


    My daughter advised her insurance of this and after some tooing and frowing my daughters insurance refused to pay up as they i'm assuming would have asked the same question why was the claim not put forwards at the same time as the original claim????


    Anyway my daughter who is now a single mother of two young children has just received what appears to me to be a "Private claim" against her from this fictitious other passengers solicitors advising of court action to receive compensation of one hundred thousand pounds.


    My daughter is going to contact her insurer tomorrow but the question I have is what is the process for her in this matter?


    As far as she is concerned she has paid her insurance and should not be being harassed in this way she is a single parent working part time living in a council house and receiving PIP. There is Zero chance of getting even a penny out of her so how to proceed?


    Cheers Bill

  18. Hi, sorry for the delay in posting. I can understand people stating that it's a punishment and it was down to me to accept or refuse the unpaid work.


    However the choice was removed by the threat of prison and as I can ill afford that option I am forced to comply.


    I did go to my first community payback two weeks ago and when they discovered that I had worked the night before I was sent home as they quite rightly went by the health and safety and work time directive so it does apply even though their is a punishment side.


    I was expecting the PS to change my days to a Friday not ideal, but I had resigned myself to the fact. However instead they transferred me to a PS closer to home where it would appear that they have neglected to pass on the fact that I work Wednesday nights as this PS have instructed that I must work every Thursday.


    Now as far as I am concerned they have been notified once and taken action. However as they have failed to pass that over to the new PS it is in my opinion their failing, as it is not my responsibility to do their job for them. It is souly down to their failings even though they try to push all accident responsibilities onto the client.


    It would also appear that they are also working against a 1931 European agreement signed up to by our government relating to the barring of forced labor of prisoners and offenders through threat of punishment unless this is supervised by the state.


    As the probation office has now been privatised offenders are no longer being state supervised as work is now for profit of a private entity and as such is in direct contravention to the 1931 agreement.


    Whilst the TUC raised a challenge to this with the government, I have been unable to find out any information regarding outcomes and rulings so as far as I am aware at this moment this forced labor is illegal but as I have no resources to challenge this I can only address my current situation by using the probation services own failings to instigate a future claim. So advice on that would be welcomed?


    Irrespective of any excuse I could have given I have to comply with their rulings The office I have been transferred to are closed on Fridays, so I can't do Fridays anyway and I certainly don't want to commit to Saturdays or Sunday morning Volunterally (Why should I help the system punishes me further for reacting in defense of my family? Regardless of if people feel my actions were wrong, I reacted to a current situation in the heat of the moment ( end of )


    I think £200 comp to the ****** who caused this plus £165 costs on top of the 12 months suspended prison threat and plus the total disruption to my family and social life is more than enough irrespective of how others think.


    They had me fixing pedal bikes up last week and I was told by the guy in charge to put my name forwards to be allowed to do that for the full 200 hours community work rather than be out digging etc so lets hope they agree to this request.


    This is not about what punishment I was given I have to work by their rules so they should be held accountable for any failings. Just because i'm being punished by the state don't mean they should be exempt from the same rules or am I wrong in expecting them to be held accountable to


    Cheers Bill

  19. It would be 28 days jail not 7 so no job and loss of house as I could not pay the morgage. I'm not interested in the medical side just don't know why they ask if they don't record but hey ho.


    As for working I just want to know what legal obligations for my safety they have as if I do get injured and it affects my paid job or I loose pay I would be looking to sue as I would expect that there are policies in place to protect?


    As for nursery my daughter already pays what she can and cant afford to pay more so that's why I look after them as my wife works to and public transport would not get me there on time so it's not an option.


    Anyway I'm only interested in my legal recourse should I sustain injury everything else is relevant to me. If that can't be answered here then I am in the wrong place but thought I'd ask.


    Cheers anyway

  20. I went once about my heart to be insulted with oh that's common it's called fluttery heart syndrome ????? thats a medical term LOL what rubbish. I get pains and have difficulty breathing but my view is when its my time then hey. The same surgery told my nephew he had a chest infection he died 3 weeks later from infection caused by an undiagnosed collapsed lung and the GP was cleared of negligence so I have no faith in the GP profession. However I do agree with your statement but why ask if they are not going to record it ? Yet that only addresses one part of the post.

  21. Ok due to a recent court issue I have been ordered to do unpaid work although I work Sunday to Wednesday on nights finishing at 7am Thursday mornings. I also look after my two grandkids on a Friday I so was instructed to do the work on a Thursday with the instruction to be there by 8.30am working to 4.00pm then have to travel back through a busy town centre after not having any sleep for over 24 hours? This is not only dangerous I am certain that it breaches health and safety and the working time directive? ( I would need to drive in order to be there on time )


    I am also aware that the unpaid work cannot encroach on my paid employment however should I injure myself this may affect my ability to earn and jepordise my job so how do I go about suing for any loss of wage due to injury? ( which I would be intent on doing )


    Also when asked if I had any ailments they need to be aware of I explained that my wife feels I may have a issue with my heart I also explained that I have arthritis and an ongoing back problem that has resulted previously in time off work however as I do not have faith in doctors none of the problems have been confirmed by a GP as such the probation officer neglected to note these possible issues which in turn will result in a incomplete risk assessment being carried out so making them negligent in their duty of care as I understand it.


    Obviously a judge has imposed the community payback on top of other stuff which I won't go into as it is not relevant and my solicitor felt the sentence was totally disproportionate anyway but if I'm being expected to do this unpaid work I must also have rights for redress if the probation service fail to act correctly? As they are aware that I will have worked the night before but failed to address that and as it is not my place to correct their failings I would assume I would have a case to sue for neglect of duty?


    Please do not be swayed by the reason for the post just advice on the above would be welcomed



  22. Just popped back as I believe in courtesy So just wanted to update on this the person previously affected by this was initially informed that they would not be Tupe'd over nor would they receive any redundancy payment as the old company were addiment that my friend had been transferred.


    After some time speaking with my friend and devising a counter argument, she met with the HR department two weeks ago and laid her cards on the table what she expected from them.


    Earlier this week she had her final meeting expecting to do battle. However the company has agreed to all terms and have agreed a payout of around £5000,00 most of which being tax free.


    As a bonus the other people in her department even one colleague with less than two years service have also been offered and accepted final redundancy pay outs to.


    She is due to sign the redundancy agreement today.


    Anyway, I wanted to just update people on the final outcome out of respect before I sign out for good.


    Cheers Bill

  23. Emmzzi If it is wrong then I have already stated in my signature that it is just my view and based on experience.


    You have stated people do not have any rights to be accompanied at an investigation? What if someone has a learning disability mental health issue language issue there are many areas where that statement would be challenged.


    The literature states at any stage how we deal with that as a union is based on individual cases


    Please show where I have presented anything as 100% legal fact?


    Meg&Mog has actually stated that they have been back to the union who have said they would not be able to attend ( it reads that it it to short notice ) the fact that they have been back and asked the question is more important for peace of mind don't you think?


    To be honest I don't need to put my advice in it doesn't appear that it is appreciated a simple PM outlining views would suffice rather than this.


    I've tried my best to give advice based on my own individual and professional experience I have spent too long batting this back and forth and can't be bothered anymore so have decided to remove the forum from my browser and ask that if it can be the account be closed.


    Hope all goes well Meg&Mog any hope others get any future issues sorted I'm going back to my own private life now and will leave the advice to people who know more.



  24. Ahhh your first post states ( as I have been there (2 years) GMB is correct


    If a previous order was accepted by another colleague even if you est it up then they are as culpable it seems to me that the company policy and proceedures have not been adheared to as part of the normal working environment If you are not aware of the accepted policy and proceedure then you have just followed the practice of others.


    The company have took a hit and you unfortunately fell foul off it you need to show that.

    1. You did not receive full training

    2. Common practice

    3. Phone records for that first order will show if a call went to the bank


    I'm sure there is a lot more advice the guys and girls can give other more knowledgeable people will be along to advice soon I think.



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