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Everything posted by Bigredbus

  1. Hi, (a) Write to the employer requesting minutes of the meeting they held with that employee... or to confirm (in writing) that no meeting has ever taken place... (b) Ask that employee to write a statement containing the date he was spoken to, who by and the content of that ''discussion'' (as far as he can remember).
  2. Well, With the information published by the newspaper it is difficult to assert the reason or reasons for their dismissal... More is needed to assess their situation...
  3. That should not happen... Don't worry... had your employer wanted to emphasise the fact that they would only employ someone who had gone through that training, they would have both stated so in their offer and in their interview...
  4. I do not see any problem in your post as you seem to have fulfilled the conditions put to you prior to them offering you the job...
  5. Hi, When you initially applied for that job, do you remember how the job offer was formulated? Was it offered under one, or more conditions? (ref. those two courses you are writing about)
  6. Hi, So your contractual hours are as noted in your original post! (07:00-15:00 and 15:00-23:00)... Is there any clause in your contract which stipulates that your employer could be entitled to move you from a position, department or shift in order to meet the needs of the business?
  7. Hi, Have a look at Form N265 online... http://www.justice.gov.uk/index.htm
  8. Hi, He always could resign and claim constructive dismissal on the grounds of breach of trust and confidence.
  9. Hi, This is cause for concern and a grievance should be raised in first instance, and wait for action they are prepared to take.
  10. Very well... Do not hesitate to come back if you need more information/help... Send a letter (recorded delivery) today, or tomorrow, to request all documents they will rely on at the hearing... Such documents should be in your possession in good time (so to speak) to give you ample time to prepare your appeal. Good luck!
  11. No problem... However, any letter you send MUST be sent ''Recorded Delivery''... Your aim, at the hearing will be to put your points across and to deconstruct the witness statement, or statements...
  12. [Thanks for editing your post] Prepare your appeal... Make sure you print out the ACAS - Code of Practice 1: Disciplinary and Grievance Procedures (2009). Request copies of the internal disciplinary procedures, copies of the statement, or statements they will rely on at the appeal (you may state in your letter that they can redact (delete) any names in their statements should they need to protect the identity of their witnesses), minutes of any hearing, or hearings you attended in relation to this incident, and prepare questions you may want to put across.
  13. Hi, Are wages agreements usually negotiated by a trade union?
  14. Monday 13 February, suspended... Friday 17 February, summarily dismissed for gross misconduct (theft)... One question I must ask... You were employed and not a sub-contractor? Does that letter state that you have a right to appeal within a certain number of days? Now, your ex-employer would be able to summarily dismiss, without following a disciplinary procedure, had he found you red-handed stealing company property... Now, I understand that it is not the case! However, even in such a case it is always good practice to follow a discplinary procedure (see ACAS for the procedure itself). In the present case, your ex-employer has not given you the chance to 'put your side of the story' across and a chance to defend your case. You should write to your ex-employer stating that proper procedure has not been followed, and you wish to appeal. Failing to do so, you would be entitled to pursue a claim for unfair dismissal...
  15. No investigation has taken place, and no formal disciplinary hearing has taken place... Is that right?
  16. Hi, Housing Benefit, and Council Tax do not need to be paid back... Only Jobseeker's Allowance, Income Support or Income related Employment and Support Allowance must be paid back...
  17. So, you have been summarily dismissed for gross misconduct (theft)... Do you hold a contract, or statement of particulars, and a handbook of employment?
  18. Hi, Did he give you the reason, or reasons for disimissing you? (or a letter?)
  19. HI, When you say that you would 'hope' that they will allow you step down upon your return to work, what do you mean? Step down in terms of responsibilities (position/satus) or in relation to your contractual working hours?
  20. Visit the ICO website: www.ico.gov.uk Read the third part of the Employment Practices Data Protection Code - Information about workers' health
  21. Hi, Becky is right, the recoupment system only applies to an award made by a tribunal, and therefore does not apply to a payment ageed by the parties (and would only apply to specific benefits... in your case, it would have been JSA only)
  22. Hi, Send him an e-mail (make sure you request both delivery and read receipt) containing your notice, then add that you will send a hard copy to his office (recorded delivery).
  23. A crucial aspect of the protection afforded by TUPE is that employees transfer on their existing employment terms. TUPE places strict limits on post-transfer contract change and specifically addresses when such variations can and cannot occur: Where the reason for changed terms is the transfer itself, TUPE makes such changes void. Where the reason is connected with the transfer but is also an economic, technical or organisational (ETO) reason entailing changes to the workforce, TUPE provides that such changes are effective if agreed. Agreed variations that are unconnected with the transfer are also effective. An employer aiming to harmonise terms after a TUPE transfer faces an uphill struggle. The consequent contractual changes will be connected with the transfer and are unlikely to fall into the ETO reason category. As such, strictly, straightforward post-transfer harmonisation is not possible. In particular, note that employees cannot contract out of the protection of TUPE and so even an employee who agrees to post-transfer contractual change can subsequently change their mind and seek to rely on their previous employment terms such as, for example, entitlement to an enhanced redundancy payment. Leaving as much time as possible between the transfer and the changes to avoid the suggestion that they are connected (although the mere passage of time itself will not prevent the change from being connected with the transfer). Because the reason for the change is the key factor, there is no particular amount of time after a transfer that will enable an employer to safely introduce changes. Even a two-year delay between transfer and the change was found to be insufficient to break the link between the transfer and the variation in one case.
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