Brief back story: In 2013, whilst on maternity leave, I raised concerns about how my line manager was treating me. Subsequently, my employer initiated a swift redundancy process, and within a month had made me redundant without notice and whilst still on maternity leave. The employer retained my maternity cover worker. I represented myself at an employment tribunal in Jan 2014; an Employment Judge judged that I was unfairly dismissed and treated unfavourably by my employer to section 18 of the Equality Act 2010. The employer was ordered to pay my notice pay, compensation for unfair dismissal and compensation for injury to feelings, amounting to around £8,000 in total. The establishment is named on the order rather than the names of trustees. The employers are a small registered charity, a playgroup, managed as an unincorporated trustee body. The members of the trustee body change frequently. They operate out of rented premises and they don’t have much by way of assets. At the tribunal the employer presented bank statements attempting to show that they have ‘no money’. However, the Judge noted that the statements showed money was being moved around between several accounts. The employer has engaged a solicitor who in short says the employer has no assets and no money and that the trustees are not financially liable for the debts. The solicitor has rejected a payment plan of £150 per month and a without prejudice settlement offer of £6,500. The solicitor has advised that they can only make payments of £50 per month. The employer has paid the notice pay one made one late payment of £50. A County Court Order has since been issued for the full award plus interest to date. I haven’t engaged a HCEO yet although I did enquire and they advised me that bank accounts were protected. Please could colleagues here advise me on the best approach in going forward? I’ve included as much relevant detail as I can here but please just ask if there is something that needs clarifying. Thank you for all your help.

Hi All, I would really appreciate some advice. I've received an offer letter from a US company which does not have a UK presence. Therefore I will be employed as a contractor and they will help me set up the limited company. The thing is, there is a clause called Employment-At-Will which is apparently normal in the US. It means that either party can terminate employment with no notice and no reason. I guess as a employee proper this would not be legal, however as a contractor is this allowed? Thanks All

Hi guys. I have been working for a company 46+ hours a week scince november 2012. Now im about to ask my boss to provide it to me by law because I'm having a few minor issues. When I was interviewed we agreed on full time 8 hours a day monday to friday. I just want to know where I stand before laying out my rights. Can he give me a zero hour contract after all this time of working ??

Hello, Recently I joined a company based very close to home. I work in the construction industry as a carpenter which requires me to travel to a number of sites around my county and London. In my contract, my working hours are 8am-5pm but since joining, they're telling me that's my 'site hours' and that I have to travel to and from the site in my own time. This 'site rule' isn't stated in my contract. When I get to the office, we're put into teams and then travel to the site together in a company vehicle. Lately, they've been telling me I have to drive 60+ miles (return) a day in my own vehicle to my colleagues house to then get in the van and make our way to site. They're saying its in my contract that I have to do this although when inspecting my contract, it does say I may have to travel to my colleagues houses but doesn't mention about using my own vehicle. This information is under the topic header 'Company Vehicle' in my contract. I'm assuming these rules only apply if give they give me a company vehicle? The first time I flagged the issue up, my boss seemed to instantly try and take revenge for me flagging the issue up by saying I should get the train and he'll pay although he knows it's a difficult journey and is easier said than done. I assume, eye said this so I opt for using my car as it's the easiest option. Is he allowed to make me get a train? This would involve me having to somehow get to the train station which is based around 30minutes away, then travel to another station en route via train to get off at the second station and walk to another train station based on the other side of town (25minutes) and then travel to the local train station of my colleague. I would have to use 3 train stations and be expected to do this in enough time to them get in a company vehicle and then drive to our work site by 8am. PLEASE HELP! Thanks in advance!

I have been employed with this company for approx 2.5 years. Today I was called into a meeting and told I am facing a diciplinary hearing Monday for excessive internet usage. Now I do use the internet at lunch times, social networking sites etc are blocked so normally news and shopping (amszon) we are allowed online at lunch btw and I generally have a busy day with little time to play online otherwise in any case. I do sometimes leave the browser open in the background if I forget to close it after lunch, but this does not explain the "evidence" of what I apparently am surfing at work. I have yet to receive the full file, but from what I can gather and was confronted with, my PC is accessing the home page (I see no other pages listed than home) of an adult website even when I am nowhere near my PC. I can prove on several instances that I was nowhere near my PC when I "accessed" this site and for about 15 occurrences actually have photos on my phone that proves I was out of the office. I have no doubt once the full file has been received that I can disprove more of the allegations. However, it is a website I did visit a few weeks back on the company laptop (no porn it is a forum) in my own personal time (stupid I know, my PC was defragging and working like a three legged donkey) but I have never ever accessed it on my work PC during working hours knowingly. My question is, where do I go from here, what do I need to do to prove that on a regular basis my PC was doing its own thing, and how is it even possible that my PC is accessing websites without me knowing it and being my the PC? The browsers are Google and internet explorer, and I counted about 270!!!! connections in one single day! I am dumbfounded as that is a forum I use yes, but on my phone (smart phone which connects to the work wifi yes but that should not tie back to my PC, and I do not use it apart from sometimes at lunch on my PHONE not the PC, in any case I would have thought it be automatically blocked as we cannot even access something as basic as hotmail from the work PC) I am confused and worried, if anyone has any advice, then please help me out here. I have already checked my browser history and found none non work related access in my history in Google during work hours (I checked under settings, and web history) but my ie is set to delete history, cookies etc on exit, so had no luck trying to access those entries. Thank you in advance.

Hello all, Hope you can help with this: I have a very old pension scheme with B Elliot UK (from my first job back in the late 90's) and I'm looking for more details about it. As far as I know, the funds were being managed by sbj benefit consultants, however the last letter I received from them was 29 April 2008. Since then the contact numbers are no longer in use. I am keen to find out what has happened to this money, if it still exists, and what options I have in claiming it / transferring it etc All help is welcome. Thanks in advance.

I have been for an interview today, I would be working in an environment where they need 5 year history ( not a problem) They then said if I was offered the job they would have to run a credit check ... problem ... I have a terrible credit rating. When they run the credit check would they see everything ? Or are employers limited to what they can see on a credit check ? I have never had a credit check done by an employer before so I have no idea what they are able to see and not see. What on my credit file would stop me getting the job ?

Hello all I have got a job offer over the phone which I accepted however I have not recd any contract yet. The job starts in first week of June as per the discussion over the phone. Now what kind of contracts are issued in UK when ppl have gaps (time duration) between verbal offer n joining date - conditional or unconditional The reason I ask so is I have been contacted by other co who wants to make an offer but I m not sure should I accept the second offer or not. Both are equally good, but I would really want to go for an offer where they have completed my references prior to joining as I had a bit of issue with my prev employer Any advice on type of contract issued with time gap between verbal offer n joining date would be greatly appreciated. Thanks

I have been shortlisted for a position as a Conflict Mediator. I have now been sent a link to complete a: Psychometric test Any individual had personal experience of one of these. It is an online test through a third party company that takes about 25 minutes Pointers will help before i log on and start the test as i am 48 years of age and this process is new to me

Ok, I have made a decision to return to work via self employment. If there is already a topic on this matter can someone just post the actual link to it please. Otherwise can someone advise on what I could actually get in the initial 4 weeks and at signing off time as I have read numerous posts and papers and there seems to be some conflicting information. I want answers fairly quickly as I intend doing this on Thursday (08/05/14) Any input is appreciated. FYI Married, wife(disabled), 1 child Housing association tenant. Will supply other information if needed Thanks Decided to list whatever is mentioned by other posters here so people don't have to post if it's already mentioned. Working Tax Credit.................Writerchris #2 (why is there a space in name when it's not in the actual post)

Hello I have had teh bad news today at work - 'you are dismissed as you are not a fair fit for this job'' i started this job last month, 5 weeks in job and today i had a performance review where i was told that i m not capable of doing the job and i should gather my belongings and go home, they are obliged to give me a weeks notice but they dont want me to work it and i can go hand all teh company belongings and leave !! just like that my job ended today now i m stressed needless to say - 5 years of employment history ruined coz i have got the ''dismissed mark on my credentials where do i stand now in terms of looking for new work :(

Please help me in preparing the witness statement for employment claim. I have hearing on next month and I have to submit witness statement on Tuesday. where to put facts and where to put opinions. what are the tricks and strategies.

Hello All I just had a quick query regarding employment contracts. Should a worker only be authorised /required to work under the job title they are contracted for.. For example - if someone is hired for gaurator loan process and there contract says their job title gaurantor loan worker. And. If the employer has asked them to work for another loan which isn't a gaurantor loan but say a short term loan similar to wonga ...... Is the employer breaching contract Thanks

Hi, I've been working for an employer since 3 Feb. When I took the job I thought I would be given a fairly lengthy contract, but the initial contact was just till 31 March (yesterday). The wording of the contract is: " Your contract is for a fixed term period due to funding. Your contract will end on 31st March 2014 unless terminated by either party giving 4 weeks notice in writing. In addition, by mutual agreement your contract may be extended for a further, agreed period." I was told that my contract was going to be extended till May, but didn't receive anything in writing. The job hasn't turned out like I expected, so as I was under the impression my contact was ending yesterday, yesterday I informed my employer I was leaving Today (1 April) , I was told that the contact had in fact been extended by HR, although I had not received anything in writing, and they have told me I have to send in a letter of resignation giving 7 days notice from 31 March (when I told them I was leaving - I'm been on sick leave since Friday 28 March) . I was under the impression my contact was ending yesterday 31 March, and on that basis I informed them yesterday that I was leaving. Obviously, I do not want to send in a letter of resignation as I will not be able to claim JSA (I may not have been able to anyways as I am leaving of my own volition). Can anyone give me any advice as to where I stand? Much Appreciated Terry

Hi, I am working out my notice period but in error, my employer has already notified HMRC that I have left and I have received my P45 in the post during the week. I asked them whether I'll get an updated version when I leave but they said as they've already notified HMRC, they won't send another. Is this right and also are there any major implications if I just keep this one in terms of either my final pay or tax codes for new employer, etc...? Also, does this technically mean I shouldn't be in the office!!

Hi, Has anyone been in a position where an employment tribunal have made a costs award when you can't pay it? e.g the award is more than what you have in your current account, no savings, very little equity in a house? I would like to know what would happen. Could the respondent then make you bankrupt if you couldn't pay? Thanks

New guidance has just been published, which is well worth reading for anyone self-representing... http://www.justice.gov.uk/downloads/tribunals/employment/rules-legislation/presidential-guidance-general-case-management.pdf It deals with almost everything you need in very basic terms and is a great reference guide.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/289342/tribunal-stats-oct-dec-2013.pdf For those of you who are interested! Quite sad to see a 79% drop in claims compared to 2012, and it certainly makes for interesting statistical reading. In summary, there are only now around 1,700 claims issued per month - down from 5,000 per month.

Hi Everyone, I am suspended awaiting a discipline hearing. My employer said that when I am given a hearing date I cannot resign, but that they would consider it. I asked them to explain and give me details of my contract or the relevant law that they are relying on, they didn't reply. Does anyone know the answer, my opinion is they are talking rubbish, if I hand in my notice, what are they going to do? say " sorry you can't resign, we won't accept it" can't believe they even think they can do it. In that case I could say, I don't accept you sacking me, but I might consider it. Surely resignation is not a two way thing. Look forward to your opinions.

can anyone advise on the following, I have been working for a company for three years and to date have not seen or signed a contract of employment. I asked my manager why and she replied that a contract was left on my desk 2 years ago,! I asked for a copy but to date they have not provided me with one. I have my wage slips from 2011 still. Im just concerns that should I ever have to face any disciplinary issues I have no contract with which I can refer to. Many thanks

does anyone have flowcharts for the old employment law system before 2010 I am doing a presentation on how it works and need to show how I understand process from then as I need to show how I learnt from my mistakes I need to know it from the stage after three months is up it goes to tribunal but then what happens, CMD etc, what to do if CMD fails etc If someone could do me one if there is not anything on line I need by next Thursday

Hello I resigned from my job last June as I uncovered alot of dodgy dealings that my Manager was doing. I had been singled out and had not been given voluntary redundancy when requested. I used the Companys Whistleblowing procedure to air my views and to expose what had been happening. The Manager has just been sacked and the investigation has just finished. Am I able to take my employer to Civil Court for compensation at all? I know im out of time for the employment tribunal route and wondered what my options were?

Hi, This is my first post so thanks for taking the time to read this. To give you a brief overview of my circumstances I was employed by a government organisation who will remain anonymous for fear of reprisals at this time. I resigned from the organisation in 2009 so that I could facilitate a move to New Zealand on a permanent basis. To give you a brief outline I was employed by the organisation initially as a Support member of staff back in September 2003 leaving to take up a new position within the same organisation in August 2008 again with the same organisation. The dispute with surrounds my salary whilst employed as a Support member of staff with the organisation between the above aforementioned dates. In October 2013 I was made aware by an ex colleague that the organisation had made some mis-calculations with their pay formulas and that some members of staff had been underpaid as well as overpaid. I wrote a letter to the payroll department and was asked to wait until payroll had looked into my pay to decipher if I had been underpaid. In December 2013 management informed me that I was to be paid just £1001.40 (for 1 year's erroneous back pay) without any further consultation of the matter, I duly responded stating that I did not accept this amount and if the organisation did pay this into my bank account It was by no means an acceptance of the matter, I also asked not to be taxed on this amount as I was a foreign resident for tax purposes but they went ahead and taxed the payment again without any further consultation. The organisation along with all other similar government departments across the country have to adhere to the Pay And Conditions Handbook which is a government document, and is also written into employee's contracts. On this occasion along with many other people who were employed by the organisation as support staff, this was not adhered to since 2003 due to an 'administration error' on the organisations behalf. The head of the organisation I used to work for has since replied to me stating that this could be considered as a breach of contract. The reason the organisation are making it difficult for me to recover all outstanding monies owed is because they are applying The Limitations Act 1980 to make reduced payments to all staff affected which I feel is appalling and immoral. This issue has made the local news and the head of the organisation has gone on record stating the organisation "had both moral and legal duties to correct the pay errors" what the head doesn't go on record to say is that the organisation would be applying The Limitations Act 1980 to make reduced payments to staff. The key part I feel, is if I would have knowingly known at the time I was being underpaid I would have acted to recover the money owed its only natural. The organisation have clearly put myself and others at a disadvantage by only realising this error as a mistake in August 2013 and then applying The Limitations Act 1980 to make reduced payments. I believe that section 32 subsection © The Limitation Act 1980 provides a valid argument to postpone the 6 year time limit in recovering the monies owed as I did not knowingly know that a mistake had occurred and I would have quite naturally sought to remedy the problem straight away had I known my pay and pension had a monthly shortfall dating back to 2003. Does anyone know if this would be a good legal argument in court? Here's the S.32 definition (see subsection c): 32.-- • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either- (a) the action is based upon the fraud of the defendant; or (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or © the action is for relief from the consequences of a mistake; The period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.... The report that I have obtained puts the errors down to "Inconsistent practice and poor communication between the operational teams, the Resources Management Unit, Human Resources and Payroll. These issues stemmed from the lack of end to end process, control and written procedures governing shift pattern changes. The risk of reoccurrence although much reduced following the discovery of this error, will remain until procedures are formally documented and communicated" In closing there are around 250 members of staff affected I believe. I along with 7 other former employees (That number is likely to increase) are looking to take collective legal action as we are all in the same situation with regards to our pay arrears the only difference is our lengths of service differ. I am the nominated spokesperson for our group. My only questions are: 1. Do this organisation have a case to answer with regards to a breach of contract? 2. Would S.32 subsection © The Limitations Act (See above definition) be a good argument in a court as a mistake has been made? 3. Can an application be lodged to instigate employment Tribunal proceedings regardless of the 3-month timeframe, as I did not knowingly know our pay was erroneous? 4. Would a civil case be more likely to succeed for a breach of contract? 5. Could we also charge the organisation interest on any monies owed in my own case I believe that i'm owed around £10,000 and above? 6. Lastly if there was any future action taken could an application be put to the courts requesting that all our associated costs and legal fees be met by the organisation in the event they lost the case? I hope this all makes sense, I apologise if there was any ramblings. I look forward to hearing from anyone who has experienced similar problems or anyone who specialises in this area of employment law. Thank You Muzzy17

Hi everyone, I have been living in the Netherlands since December 2011. I recently accepted a new job here, with a financial services auditing company. The company has global reach but my role will be based here in Netherlands. My credit here is perfect as far as I know - I have credit cards and mobile phone and an overdraft, and always pay / have paid on time. I also now have a mortgage. But I think I have o/s defaults and CCJs in UK that I have not yet got around to paying - I mean to pay them when I am settled and more secure. I know my employer has to conduct a background check on me. What I'm worried about is... can they conduct a Netherlands and a UK credit check? I am worried that if they do conduct a UK check, I may be adversely affected, and my offer withdrawn, due to the CCJ/ defaults, even though I have been an exemplary credit payer here. I'm from Ireland originally but lived for a long time in Shrewsbury where I think the CCJ/ default are registered. I'd love to know the rules around global credit checks and the likelihood of them being conducted, if anyone knows? Thanks SO much in advance - this forum has been so useful for browsing in the past, and I hope to be able to reciprocate the help to people in time. Thanks DC78

Hi All, I have a work-related dilemma which as escalated over the last few months. I apologise in advance as this is a little long-winded, but please bare with me because there’s alot to tell. I work in a Sales role in the Food Service. My role is different to my colleagues as I'm the only one in a mobile position. This means I cover for maternity, sickness and vacant grounds. I live out of hotels 5 nights per week, Travelling down on a Sunday night and returning late on a Friday. Despite my contract stating working hours of Mon-Fri 9am-5pm they use the argument that they informed me of this at the interview stage, which they did however I did hope for some gratitude back for giving up my Sundays to travel down to a hotel for work. In addition to this, I carry a mobile fridge in and out of my hotel room and into my car twice a day. I submit working expenses twice per week. Also, my role involves sampling foods with Chefs and due to the fact I live in hotels during the week, it makes things quite difficult for me. I either have to rely on a Hotel chef or force my way into the kitchen with a client whom I have not known very long. Everyone else can make their samples from home and bring to work with them on a daily basis. I will be honest; I have found that this extra bit of work is like a job on top of my job, with the added fact I am away from home midweek. I don't get a full weekend which has often left me feeling drained. I have also found my manager to be the Jekyll and Hyde type; she can be supportive in some ways but extremely unsupportive in other ways. For example; when I first raised concern of carrying a heavy printer in and out of my room twice a week her response was ‘well its only twice a week’. Towards the end of last year, I’m ashamed to say, my performance slipped and I made a few mistakes which resulted in poor performance and failure to adhere to a particular health and safety procedure. I had a meeting with my manager where she brought forward these concerns and chastised me for my mistakes. The meeting was mainly negative with no signs of positive words to raise my morale. I was already devastated by my mistakes and felt that some words of motivation could have been given out to raise my mood. Unfortunately this didn’t happen and the day ended with me feeling very down and depressed. Throughout my job I receive a good amount of scrutiny from my manager and I feel this adds to the pressure of the job. Recently, due to fatigue, poor concentration and sleep problems, I have been off work with ‘Stress Related Problems’ and signed off by my doctor. I have been put on anti-depressants and had been off work for 7 weeks. On my return I sat down and discussed my issues with my manager including lack of support, empathy and tactfulness. She seemed to accept her part and also pointed out ways that I can adapt to work better with her, which I accepted too. However, on the ‘Return to Work’ form she sent me, she includes my areas that I need to improve on, but not hers. Shouldn’t she be including this? Finally, she asked me to stay home today as I’d be receiving a letter from HR regarding a formal meeting at Head Office. I have just received this letter and have noticed that the meeting is NOT to discuss my health, but to discuss my Poor Performance, Health and Safety breach and also Failure to follow my managers instructions. They state that the meeting will give me chance to present any information to support my case before a ‘Decision is Made’. Correct me if I’m jumping to conclusions here but this seems like an attempt to force me out of the company. It happened to my ex-colleague a few months ago and they invited him to a similar hearing, ignored his view and dismissed him from his role with the company. I’ve been here only 6months and feel distressed that they are taking this approach with me considering my recent health issues. It also is somewhat of a coincidence that they are now finding the time to bring up issues that have happened over 3 months ago. I’m considering handing in my notice and appealing for what would be Constructive Dismissal in Mitigating Circumstance. But would appreciate any help and/or advice you can give me to support my attempt to take this to tribunal. I’m unsure whether I have a Union rep nor do I know how to find out. Again, your help (as always) would be much appreciated. Thanks!!!