Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

  • Days Won


Everything posted by Jimbo44

  1. ....and here too! Got a very nice cheque through the post this morning!!!
  2. Hi midge61 In essence if your friend's GP says she is fit to work and signs her "well note" then she has a right under common law to be paid her wage by her employer. A person willing to work has a common law right to be paid. If she is a member of a trade union I suggest she speaks to her shop steward/representative who will be able to guide her in making sure the employer complies with the law. As an aside, you say your friend was injured on a bus. If the accident was in any way "caused" by the bus company I hope she is pursuing a claim?
  3. As far as I am aware, (and I'm more than happy to be corrected too), only a worker's GP or a hospital doctor can sign them back to work with a 'well note'. However, an employer has a right to decide if the employee is fit to resume his or her particular job and this is commonly done by an Occupational Health Physician. Sometimes the two disagree and the GP will issue a 'well note' either regardless, or in ignorance of the OHP's decision. If the employee's doctor says that they are fit to return to work, but the employer wants further medical checks, the employee should be paid full wages while waiting for the checks to take place. A person who is willing to work has a common law right to be paid. A word of caution though, a refusal to be examined by the OHP could give the employer a lawful reason to stop his occupational sick pay (if he's in receipt of any) I suggest your partner informs his employer of this and, if he is a member of a union, that he enlists their help to put the point across. In the case of my own employer, if an employee is signed back to work by his GP/hospital, but the company want him/her to see their OHP and he refuses to let the employee return to their normal job, then the company have to pay the employee full, normal wages until the OHP agrees he/she is fit to return to normal duties.
  4. I would just make the point re training costs that any agreement by an employee to repay training costs if they leave within a certain time must be agreed in writing, be specific and clear and made before any incident which would give rise to a deduction. It is also interesting that one Tribunal has said this does not constitute an authority to deduct! It's not just the employer either who can make a claim for breach of contract in the civil courts.
  5. On the face of it this would seem to be a "redudancy" that could be classed as unfair if the "trainees" are going to be doing the same work as that done by your husband. I agree with qbal's comments above. Your husband should seek urgent advice from either your local CAB, a trade union (if he is a member of one) or a lawyer who specialses in employment law as there could be a case for unfair dismissal.
  6. Couldn't agree more!! Make a serious effort to address the items on the list and frankly, if that's all the employer's worried about, get on with his job.
  7. Just so that it's clear can you tell me what the act of Gross Misconduct was? Was it because you submitted two cases for the same customer at the same time? Or was it because the "signed declarations" were missing? Also, was it FSA rules that were broken, or was it your employer's "best practice" rules (if any rules were broken at all)? Have you received training for your job and was the procedure you have failed to follow fully explained then? You say that colleagues have submitted similar applications but that you don't wish to name them. Whilst I would say that "going with the flow" like this doesn't mitigate your alleged offence, your employer should ideally be seen to treat everyone in a like manner unless there is something in their individual staff records to indicate otherwise. I would hazard a guess that, if you want to use the actions of your colleagues at your hearing, you must be willing to name names if asked to do so.
  8. Unless there is specific provision in your contract of employment for a salary reduction of this kind, your employer can only implement a salary reduction with your agreement. If he tried to implement the change without your explicit agreement he would be in breach of the contract and, quite possibly, guilty of making an illegal deduction from your wages too if he actually paid you at the reduced rate. By virtue of the fact you say he has requested your agreement I would suggest he already realises this anyway. As has been said above, I would think very carefully before accepting the request in view of the possible ramifications regarding redundancy etc.
  9. Hi Just my twopennorth! Always remember there's no such thing as an "informal chat" with any management! Im drawn back to something in your original post when you said "...............I have been off since my manager told me in my quarterly review that I should leave or I would be 'managed out'. Since then I have been stressed and depressed. This was the final straw." If you do decide to resign you could well have a good case to take your employer to an Employment Tribunal for this remark. I suggest there's a good case to claim "constructive dismissal" here. Especially when the "office gossip" is taken into account as well as a part of an overall picture. As has been suggested by others, have nothing to do with the employer over this whole affair except in writing. Remember too that your GP is the only person in your case who can decide your fitness (or othewise) to work. The GP is independent of your employer whereas OH are at least funded by the employer, if not actually employed by them and thus have questionable impartiality. OH can advise the management, but I would suggest it takes more than a 15 minute 'phone call to assess an employee's "fitness".
  10. Hi Perhaps not unsurprisingly, what your employer (knowing who it is) wants to do is not one of the options open to him! There are specific rules governing the repayment of overpaid wages which say, amongst other things, the employer must act reasonably and stage repayment over a period of time agreed with the employee. Maybe either have a word with your union rep (if there is such a person) or speak to ACAS via their Helpline (08457 474747 and open from 8.00 am to 6.00 pm Monday to Friday) who will be able to advise you on your specific case. They will be able to advise about your missing payslip(s) and possibly your bonus issues too. Best of luck!
  11. Crikey! Whatever you do don't tell my boss!!! Seriously though, I agree with Mr Shed's remark "I HOPE they can't do this"!! I do too, Mr Shed!!! To me it looks as though the crux of the matter is what your Contract of Employment says. Unless there is specific provision in it for the frequency of your pay-day to be altered in this way or you have agreed to a change in this, then any unilateral action by your employer to impose the change is almosy certainly a breach of contract and thus more than likely to be un-enforceable. A change in a Contract of Employment, (and certainly one as significant as this), must be agreed in advance of its implementation by the employee(s) affected. It's not unknown for a new Contract to be issued as well. A call to ACAS on 08457 474747 might be helpful, the line is open from 8.00 am to 6.00 pm Monday to Friday I believe. Best of luck!
  12. I can find nothing covering a reduction in working hours during a period of consultation. To be honest, I think it could be argued that it may be that a reduction in hours may well signify something more than redundancy. As a general rule though any alteration in working hours can be unlawful unless the Contract of Employment and/or Company Handbook allows for this in some way with a clause/section specifically covering alterations in working hours. I suggest your husband reads his Contract/Company Handbook carefully and if nothing is mentioned the employer is quite probably in breach of contract. On the more general question of redundancy this link may be helpful: Redundancy: Introduction : Directgov - Employment Sorry I can't help more.
  13. In addition to the link above, this will also be useful for your daughter: Your rights if your employer is insolvent : Directgov - Employment
  14. Whilst I've never heard of a timescale for accepting voluntary redundancy, I would suspect the reasons for seeking volunteers may well have been satisfied as far as the employer is concerned after almost a year has elapsed. Don't be too surprised if you're "out of time" on this one.
  15. Whilst I agree with what's been said above, the thought of possible "Constructive Dismissal" also occurs to me in view of the comments you make right at the end of your initial post. You say "Also worth mentioning I was also told a number of weeks ago they had a CV in from someone they thought would be ideal for my job and also that if I handed my notice in that all charges would be dropped but they wouldn't pay my notice". Having that remark made to you seems to sugest to me that a decison to dismiss you has either already been taken, or certainly seriously discussed at any rate. If I was you would take advantage of the chance to delay the meeting, along the lines suggested by diskmandave, for a week (assuming you are contracted for a five-day-week remember you can ask for a 5 working day postponement) to give you a chance to get advice from not only ACAS, but also the professional advice (or, if you are a member, trade union advice) I would also suggest you seek. Whatever you do though, don't go into a meeting un-accompanied. I strongly suggest you do not attend any meeting unless you are accompanied by either a (trustworthy) colleagus, or a "friend". On the face of it your employer does seem to be treading dangerous water if they are not to face either Constructive Dismissal or Unfair Dismissal allegations against them. I would also question whether the initial "investigation meeting" was fair insofar as you were given no prior warning of it to provide any defence or explanation.
  16. Hi and welcome! Two things initially strike me about what you've said. Firstly, the take-over of your your original employer should be covered by the TUPE regulations which in effect mean that the new owner of the business must honour your existing terms and conditions of employment. To read more about TUPE I sugest you have a look at Transfers of Undertakings (TUPE) - BERR As far as the deduction form you pay is concerned and employer is expected to act reasonably, especially in cases where an overpayment of wages is made and needs to be reclaimed. Whatever the circumstances of the overpayment, the employer should never make a deduction to recover it without first consulting the employee and agreeing staged deductions over a period of time to recover it. Interestingly, if the employee genuinely believes the money is due to them and spend it, the employer may not be able to recoup it (I understand there is case law to support this). Your "missing payslips" can be demanded from your employer as a failure to provide a payslip is a contravention of Section 8 of the Employment Rights Act 1996. See this link: Non-payment, deductions and payslips : Directgov - Employment You might find this link of interest too: Employment : Directgov I hope all this helps you. All the Links above have more links to explain things in greater detail for you.
  17. .....followed by that all too familiar "going down" feeling, I presume!! Equally sorry, I couldn't resist either!
  18. I'm not 100% sure the calcuation of a day's pay for bonus purposes would be the same as it would depend a lot on what the bonus represented, but for outstanding holidays it is as follows: 1/365th for every day not taken. For example, if when you leave you have 10 days holiday owing, (and assuming you are contracted as a five-day-week worker), holiday pay is calculated at 14/365ths to take account of non-working days (e.g. weekends).
  19. So! It was YOU was it, Mossycat?? I stood for ages waiting for the b****y lift too!!! Swine!!!! :)
  20. Indeed so, I suppose you could say it's "All going pear shaped"!!
  21. Hi again. Isn't it miraculuous that they moved premises after your accident? And took more notice of H&S rules too? God works in mysterious ways indeed! To be serious though, a couple of things strike me in your reply. Firstly, it doesn't matter whether the changes to your hours are temporary or permanent, you should still have been given the period of notice as per your contract before they were implemented. The employer appears to be in breach of contract here. Secondly, if you're going to take legal advice, then seek advice on the time period you have to begin any action over your accident. In view of what you've said about it, I doubt there would be any viable defence and the only question could well be the amount of your compensation. In other words, don't run the risk of it becoming time-barred! You say "Unions are not an option with this lot" and I do understand what you mean, (I'm very fortunate in this respect as my employer actively encourages our union). However, remember that the right to belong to a union is one enjoyed by all workers in this country and your employer's views are of no consequence if you choose to exercise that right!! You don't need to have union representation in your workplace to belong to one either.
  22. ....and "Hi bozzyman111, welcome" from me too! The crucial thing here is what your Contract of Employment actually says regarding your hours. However, as a general rule an employer cannot unilaterally change a Contract without the agreement of those involved, or affected. The mere fact that you have "accepted" the changes so far by working to the new shift patterns does not necessarily mean you have actually accepted them as changes to your Contract. There are exceptions, but only in cases where the Contract actually allows for changes in working hours to be implemented from time to time. It matters not one jot whether the company recognise trade unions or not, nor does it matter whether they are American, or even from the planet Zog!! All workers in this country have a right to belong to a trade union and no employer can take this away, no matter where they are from. Indeed, in some circumstances it has been found unlawful for an employee to be disciplined, or discriminated against in anyway, for belonging to a union. My sincere advice is that you join a union! Have a word with colleagues who are also affected by these shift changes and maybe make a joint approach to a union who operate in a similar industry and are active in your local area.
  23. "Do I have any rights"? In a couple of words "Yes, plenty"!! To begin with your employer's alteration of your working hours may well be a Breach of Contract by him. It depends on how your working hours are defined in your Contract of Employment. (You have got a C of E, haven't you? By law you should have been given one at the commencement of your employment.) To add to that it's entirely possible you are being discrimated against by your employer's actions in moving you to a more strenuous one. A claim against your employer under the Disability Discrimination Act is just one possibility. In addition, you may be able to very easily prove "constructive dismissal" against your employer, even if you initially resign. To carry on, you have "rights" under Health and Safety legislation over the lack of an accident reporting system and the lack of first aid facilities. If these "basics" are missing in your workplace, then I hazard a guess that the "Elf 'n safety police" would have an absolute field day there!!! Are you a member of a union? If so get them involved sraight away. If not, then half an hour with a solicitor who "knows his employment law and is clued up on H&S matters" would be a marvellous investment in time. In short "Go for the jugular"!!!
  24. Agreed! Plus you are also entitled to be paid for any outstanding holidays, not so far taken during the company's current holiday year. The company can, of course, still ask you to leave before the expiry of your notice period, but must pay you until the notice period expires.
  25. Hi Firstly, if the prospective employer's application form did not ask for any possible "criminal record details", you are under no obligation to provide them at that time. However, in some types of employment, (such as working with children, the elderly or vulnerable), it is necessary for such checks to be made and the employer is quite entitled to do so. I'm not at all sure of the length of time your caution will remain "live" (i.e. not be regarded as "spent") for, but it might be worthwhile for you to find this out, for future reference if nothing else! I'm not in any way asking what your police caution was issued for, but I would guess that whether or not your prospective employer decides to continue with your application might well depend on how he views the cautions's relevance to his business. Sorry I can't help more.
  • Create New...