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Bigredbus

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Everything posted by Bigredbus

  1. Ok, Now... how late were your medical notes transmitted? and... What is the company policy in terms of medical notes?
  2. Hi, Are we talking here of unanswered calls messages left on an answer machine? or a whole conversation between two or more individuals?
  3. When you changed department, did you change status/level? (ie from supervisor to manager)? Yes, it can be backdated, as long as you hold documented evidence of the hours you worked.
  4. Ok, Did you employer knew of a disability or of a medical condition? And if yes to a disability was it documented (ie. medical questionnaire attached to your application form)?
  5. So, the thresold is 35 hours per week... Anything over and above is paid either 1.5 time the hourly rate or twice the hourly rate... What do you contest here? (a) your overtime is unpaid? (b) you are not allocated overtime hours anymore (over and above 35h/week)?
  6. Hi, In terms of his tools... does he have an inventory of what he had? and... as per his CSCS card, he should go back to his issuing body and request a duplicate of his certificates, if his employer unreasonably holds his titles back. (who paid for the CSCS training?)
  7. Hi, What does your contract state exactly in terms of overtime?
  8. Hi, How do you know the deduction are variable and how do you know there are such dedudctions since they do not appear on the payslips?
  9. Hi, (a) You do not have the requisite year service to secure statutory rights... however, (b) If you were to go down the route of 'reasonable adjustement', it would mean that you have a disability and that you informed your employer at the onset of your employment about that disability...
  10. Hi, Although I am sure that you are fully conversant with the following piece of legislation, I still send you to it... ERA 1996, ss 17-18 http://www.legislation.gov.uk/ukpga/1996/18/section/17
  11. An apprenticeship contract is a fixed term contract, therefore it has expired a long time ago, I assume!
  12. They would not ''sack'' him... however they could create an environment where he would feel constantly oppressed and pressurised. So, he has been with the same company for the past 12 years, since his apprenticeship contract... Since there is no written contract, no one has an idea about performance and productivity and they based their warning upon comparing your husband's work to the foreman's one... Since they provided him with his apprenticeship contract at the onset of his employment with them, and provided him with the necessary skills to perform his daily job to the best of his ability to create quality products, I would go back to them and request that they either set up some kind of benchmark so he knows what is expected of him on a daily/weekly/monthly basis or else he may want to request to be re-trained in order to achieve quantity and not necessarily quality...
  13. Output workers (or piece workers) are paid according to the number of pieces they produce daily/weekly... which does not seem to be the case here... However, does his foreman produce more cabinets per day/week than does your husband? Is there anything in his contract in terms of performance? In 12 years there he has been warned once, a year ago over the same issue... did he increase his productivity upon being warned? Or has the company changed hands?
  14. Since you started in October 2009, had there been a week, or weeks when you were offered zero hour work?
  15. Hi, Who are they comparing his working with? Is this the first time is being spoken to in such terms? Is he an output worker? (or piece worker)
  16. Hi, I have to second 'Mariefab' findings stated in post #25... (a) As a general rule, a dismissal is not effective until it has been communicated to the employee. (b) there are various ways in which a dismissal takes place... (1) the contract of employment is terminated by the employer; (2) a mutually agreed termination; (3) invite the employee to resign, etc... You cannot have been dismissed on 3 October 2011 and return to work under the same contract (re-instatement) You cannot claim either victimisation in connection with a protected act as you lodged your claim after resigning your position. However, between May 2011 (when your accident occured) and your return to work in October 2011 something happened which incited your employer to bring your hours to nil. You say that you were expected to work until 22 June 2011... I assume that you had therefore been allocated a full set of duties up until that date. Then between end of June 2011 and sometime in September, the workplace had closed down for holidays... Did they allocate you a set of duties to work on your return?... and if yes, when were you informed of those duties? You also need to post the positions you went through, with dates, please... The grievance is left aside at present...
  17. Hi, (a) Holidays are calculated in accordance with the number of days worked in a week... therefore she would be entilted to 22.4 days holidays per year as he works 4 days. (b) Now, I am not sure what you mean by [this effectively means she will have to use more than a days leave to get a day off work and will end up working over 5 days more a year for the same salary]?
  18. Hi, I can understand such a policy when two partners are working at the same level, in the same department of the same company... Such a situation may occasionally provoke conflicts of interest... if asking for a copy of the policy does not trigger an adverse reaction, you may want to approach your HR department...
  19. Hi, This seems a bit of a strange one, if I may say so... The Working Time Regulations 1998 (WTD) states that [a worker's working time , including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each seven weeks]... An unpaid lunch break does not count as working time, therefore it would be futile to add such break time in the contract... An even if one abstracts 1 hour lunch break every each day, one would end up with a weekly total of 49 hours... still over the legal limit...
  20. Hi, You are doing a Herculean job here and you are doing well... Yes, you should not complicate your arguments more than it is necessary... Collate al of the information you hold on your case and attend that meeting... accompanied by a representative. Make sure that everything is explained to you as if you were a 3 years old child... the more detail you gather the better. Make sure that everything they say is noted down, do not hesitate to stop any of them in order to take notes... You are there mainly and principally to gather information on your situation... You have done a great job so far...
  21. ...and I jump on Marie's wagon... (a) When did you start with that employer? (date) (b) Were the hours allocated constant? (if yes what average... if not, give us an idea of how those hours were allocated) © Do you have a contract or statement of particulars? (e) If yes to the above, what does the clause related to the working hours stipulate?
  22. Sorry... what is the main, or principal particular of claim? In other words, what are you suing them for?
  23. One more question, if I may... What is the chief issue of your claim?
  24. I am sorry to be a pain, but did they actually terminate your contract there and then, or because you were on a zero hour contract they would not offer you any work?
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