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Everything posted by gleno

  1. I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they don’t really care
  2. I agree and I took advice from external solicitor just to be certain that I am in the right. Due to all this stress my mind has gone blank to a level that I am even struggling to concentrate on basic things.
  3. The union advised that I send in all the evidence for them to access. They will do vetting to ascertain if I have any real prospects for case and if yes they will send me to partners solicitor firm
  4. I really appreciate this advice and I am looking into available help recently. The issue is that the cost of such service such as childcare and carers outweighs middle class income. I am therefore looking into Citizen Advice and social services. I have seen a solicitor yesterday with all paperwork and they have advised that I have a very strong case of resigning and claiming constructive dismissal or if I get sacked then for unfair dismissal. The issue around AWOL and previous issues shows that employers are retaliating as I am questioning them by writing to them. However, the solicitor need
  5. I edited the later half of the message which was posted as another reply. Sorry for the inconvenience. Most importantly do you not think by me raising objections a status quo would apply to employers decision? And given I have told employers that I am awaiting response and doing shifts under my old terms and also informed them that I won’t be in days they are proposing where do I stand with AWOL Hearing
  6. Hi Sangie I checked again and My union representative have asked me to seek legal advice. Once again I sought assistance from union’s legal department and they advised to send me paperwork so they can begin initial vetting for potential claim of unfair dismissal. For their advice I should tell my employer that I will be working under protest. But biggest question is how? Given my circumstances Also even if we play devils advocate and say employer can anull my flexible working then when I raised objections against their decision should status quo not apply? My issue is that I have rece
  7. Hi Sangie I checked again and My union representative have asked me to seek legal advice. Once again I sought assistance from union’s legal department and they advised to send me paperwork so they can begin initial vetting for potential claim of unfair dismissal. For their advice I should tell my employer that I will be working under protest. But biggest question is how? Given my circumstances Also even if we play devils advocate and say employer can anull my flexible working then when I raised objections to them
  8. I have raised formal concern, both during the meeting and in a formal letter of concern that I have carer responsiblity and childcare responsibilty and warned the employer about the the impact of these changes to welfare of myself and my family. I have formally informed them that I need to carry on flexible working due to this very reason
  9. Union is looking into this matter and according to them the employer is at wrong and they can assist for unfair dismissal once I get sacked, NOT before
  10. Thanks Emmzzi, According to ACAS link An existing contract of employment can be varied only with the agreement of both parties. Changes can be agreed by with either on an individual basis or through a collective agreement. When any change to a contract of employment occurs the employer should give written notification of the changes in writing, within one month of the change taking effect. As I said in our meeting we were not even given a chance to say our side and were given 2 weeks time for this change to implement. Bigger issue is that now company is taking me dow
  11. Hey Guys, See if you guys can assist me. I have been working Flexible Working since 2015 as I look after a disabled wife and a child. Recently during a meeting with my manager, my manager informed me that he wants to cancel my flexible working and wants to increase my working days from 3 (under flexible working) to 5 days a week. I was given 2 weeks notice and given a date when this change will be applicatble. I objected to this decision, but the manager simply announced his decision and ended the meeting and said no further discussions. I received his decision in writing w
  12. Thanks Sangie, My understanding of law is clearly different to yours (your knowledge is far better), and I found your messages very useful. To answer your question, HR has recently written confirming that his outstanding grievance is still active if he wishes to pursue it. Therefore, even though you do not agree, I still strongly believe that a manager with an outstanding grievance should not be contacting person who has laid allegations against him. He requested transfer because he was already working in that department. Only difference was that his salary was paid by another departmen
  13. But how fair was that manager who actually has an outstanding grievance against him trying to establish contact? I previously mentioned that the doctors etc said have contact with family is fine but directly contacting him was only worsening his condition. We even suggested contacts to be maintained via occupational health physicians. May be because I do not have any experience of the law I take your words but lets see how things turn up.
  14. Sangie are you saying that if company wants to make changes to an employee's contract then this employee is not entitled to a union representation? He had a Flexible contract in place and manager wanted to make changes to that contract. I may not know much but I would definitely say that if meeting is about making changes to work patterns or contract of work an employee is entitled to union representation
  15. No but being a male childcare is not his responsibility and therefore he should not be working Flexible Working Hours. Manager directly made remarks that because he is a male he is more needed at work because females cannot carry out same duties as him and that childcare is not company's responsibility
  16. My brother use to work Flexible Working and he transfered departments. While he was off sick he received letter confirming transfer being approved. Few days later his manager new manager (from department he got transfered to) called him and told him he wants him to work full time due to shortage of male staff members. My brother told manager firstly he is off sick so manager should not be calling in to discuss work. Secondly, when he applied for transfer he applied for it under same conditions and Flexible Working was included in transfer request therefore, if manager recently lost few male me
  17. Sex discrimination and discrimation as he worked flexible working
  18. Thanks Sangie, we have sought professional legal advice on this matter and my brother may have a few case or so against employer for both employment and personal injury side. My brother should've been this scheme nearly a year ago but it is undue delay from insurers that has caused him not to be on it. So for example his appeal is upheld either by Ombudsman or insurers he would automatically get money backdated to last year. The reasons we believe employers may lie is that because it is all brought down on my brother as they have bullied, harrassed and discriminiated against him and
  19. Fishy because I having checked the document file from insurers, including all the correspondence between insurer and company I fail to see any mention or instructions in which insurer has asked employer to put forward an offer to us on insurer's behalf. Usually that would've been on letterhead or atleast in writing but there is not even a mention that insurer has asked such a thing to employer. Also the question I fail to understand is that why would insurer pay even a penny when they believe he does not meet their criteria? Actual injuries were caused due to work related stress which w
  20. Thank you Sangie, I do not agree that the matter cannot be taken to Ombudsman because it is a part of appeal process and I have checked that once the appeal is rejected we have the right to appeal to the Ombudsman. The issue here is that money offered is so low that even backdated pay (if appeal is upheld either by insurer of Ombudsman) will be more than compensation offered. I am not even commenting on any future financial losses or loss of employment at this stage. Secondly, we have been told by employers that my brother does not meet the criteria to be on the insurance scheme. So i
  21. NO!! And now we have also received SAR back from insurers and it contains all the communication that has taken places between employers and insurers and there has not even been a single mention of insurers requesting or instructing employers to make any offers on insurer's behalf. This only conforms to our suspicions that employers have possibly lied to us
  22. There are couple of issues though. Even they have offered Settlement Agreement shouldn't the money offered under agreement be practical reflection of the losses suffered? Also we suspect that his company is lying as they have offered money quoting its from insurer; but on the other side they are saying insurers do not believe my brother has a valid case. Why on earth in such a case insurance offer even a penny when they can walk away without paying anything? And most importantly if hypothetically the insurers have offered money then why would they mention in details not to bring an
  23. Guys since there has been some time that has elapsed there is some new progress and I need some help with it: Despite family, GP, Occupational Health and Consultants warning the company not to make contacts with my brother, because it is being counter productive, the company still continued contacting my brother on several occasions which according to medical opinion, is something that is not letting my brother make an effective and timely recovery. On the other hand my brother's company holds an Income Protection Scheme for people on long term sickness. Once someone is on thi
  24. When I counted 10 working days I accounted for Bank Holidays. I asked just in case if them not replying back in 10 working days, after they said they would gives me a chance to appeal due to breaching of timeframe. Hence, I asked if anyone is aware of any case studies/previous cases where such claims be won by fine issuing authority not replying back in agreed timeframes?
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