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About kelbag

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  1. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. Just had my day in court, totally terrified especially when i walked into the hearing room. The other side never turned up so the judge dismissed the case. I think he was a bit annoyed as he was pressing me to claim for costs. It's all over now, thanks to everyone on here who gave me advice and support. WOO HOO!!!!!!
  3. Thanks Letterman and blueboy987, letterman I've PM'd you regarding the case law details you've mentioned thanks for any info. Blueboy987, unfortunately I didnt work for them long enough to claim CD, I had to be there 12 months and I left after 10. I really would be sticking it to them if I had, I mean I hated working there so much I gave up the right to statutory maternity pay in order to leave. It's no fun on maternity allowance but its better than still working for those jokers. I doubt very much threatening CD would have any effect whatsoever, they really are a stubborn bunch of bar
  4. Scottybear, I'm going through a similar thing where my ex employer is taking me to court. Unless it is specified in your contract or related documentation i.e. staff handbook and you have been made fully aware of any clauses they cannot claim back any training courses or equipment paid for by themselves which you are the recipient of. Also, it's a little known fact that if the training you attended was work related, benefited your employer and was paid for by your employer it is a tax deductible expense. My argument is that if its a tax deductible expense you can bet your life it's a
  5. Hi Sabmah, 1st of all I'm at a loss as to why they want a MatB1 form to calculate overpayments, as you say they pay 6 months at 50% pay plus smp and then 3 months smp which is the statutory 9 months, is that how they paid you or did they pay full wages for 6 months? They can work out the dates and amounts they overpaid by going from the date you started maternity leave can't they and counting forward until they get the right dates. I'm presuming they will have the official letter you gave them detailing when you were planning on finishing. The only reason they need a MatB1 is to clai
  6. Hi fbnts, what have you received from the former owner of the business? from what i've read on the link provided by elche you should have received all the necessary documentation on transfer of the business including a copy of any contracts, statement of employment etc, if not then you do have a legal obligation to provide at minimum a statement of employment. The direct.gov website has a few useful links as well as the BERR site. I personally can't see any problem with formalising the arrangements that are already in place as long as you keep your staff informed and advised at every stag
  7. If that's the case then take a good look at the contracts and staff handbooks, you might find a little procedure called a staff personal improvement plan. i.e. you advise them formally according to the procedures outlined in the staff documents for disiplinary that their work is not up to standard and is being monitored. You then apply a numbered action plan with actions detailed for their improvement within a set timeframe, obviously it is just to get them up to the standard of the other staff rather than set to impossible tasks. Then if there's no improvement up to the standard of their
  8. Hi, as far as I'm aware the staff you will be taking on will come under TUPE regs and will keep their existing terms and conditions. This includes the rate of pay they're on. As far as I know (someone please correct me) the only way you can change their t&c's would be to make them redundant and take them back on again on new contracts (paying any entitlement to redundancy in the process) or, as we are increasingly seeing, renegotiating their contracts. If the staff are not happy with the new terms you want to put them on they are within their rights to refuse to sign. Your best optio
  9. Thanks Womble72 Can anyone help with my allocation questionaire? I have until the 9th April to get it to the court. On filling out the AQ do I submit a more detailed version of the defence or do I let it lie? I'm not sure what to put in section G and as I'm the defendant do I need to do anything about the fee or is that the claimants bit? Can I update my defence before it gets to court now I've found a few more facts or am I stuck with what I've already submitted online? And finally, it doesn't say anything about submitting a copy to the other side but I've read on a few th
  10. CRB is a division within the Home Office. The CRB system is actually run by bona fide civl servants not Capita as far as I'm aware and never has been as I used to work for the company that set up the software they run it on. Not sure which is worse actually.
  11. Stuff it, I've had a right pig of a day and have come home to find the dreaded N149 allocation questionaire. I am not going to roll over on this one. I've been doing a bit of research and talking to HMRC and I reckon even if the judge says they overpaid me by accident as the dependants leave sshould have been unpaid then there's no way in hell I should have to pay the gross amount as they are claiming as they can offset it on their tax returns, also they can't make me pay their NI contributions. I should have a fairly good case on the training course as well as according to wha
  12. Yeah congrats from me as well, send a bit of luck my way if u would.
  13. Ok thanks Beau, I'll just have to argue that as I've already paid the tax and NI i shouldnt have to pay it again even if I am liable for the leave, which I don't think I am seeing as it was dependants leave and they'd already paid it. I'm stumped on whether I'm liable for their share of NI though.
  14. Hi again, can someone please clarify the following points for me? Part of the amount my ex employer is trying to claim back comprises of what they allege is 5 days overpaid leave. Can they claim that amount back as gross i.e. before tax and NI deductions and also claim THEIR NI contributions back from me?
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