Hello. I was an employee who was made redundant by my employer. I represented myself at an employment tribunal, who found in my favour on all counts. They judged that it had been unfair dismissal and sex discrimination and made an award of around £10,000 although I don’t expect any of it will be paid. At the start of the hearing my employer’s solicitor tried to wriggle, suggesting to the judge that they were not a legal entity. The business is run by a managing committee of volunteers (an unincorporated association) and is also a registered charity (registered with the charities commission). However, don’t let that draw sympathy, the hearing revealed how badly the charity was being managed and how the charitable funds were being wasted. The judge said that they are a registered charity and therefore a legal entity. So although they may wish to describe themselves as an unincorporated association, they did enter into employment contracts with me and other staff in the name of the charity and have assets in the name of the charity. Question So with the status of the respondent being a registered charity (claiming to be an unincorporated association), who should I address the high court enforcement order to? The managing committee will all be stepping down from their positions and running for cover. Should I put the name and address of the charity, or the present chair of the managing committee, or the then chair of the managing committee at the time of the redundancy, or the managing committee secretary who signed the paper work, or all the managing committee members by name? I’m not expecting to see any money paid to me but I don’t want to make it easy for them to wriggle of the hook and continue operating either. Thank you so much for taking a look at my thread. x

Evening CAS Any advice from you all would be helpful. Thank you in advance. I will keep this short. My previous employers are in breach of my employment contract and I will shortly be writing to them to advise them of this. I suspect they already know but think I won't do anything about it. (They are an extremely small business - and I did have a contract of employment but they asks me to leave or "call it a day" as they put it, no formal grievance just my face didn't fit anymore). Although my contract says 3 months notice must be given either way. They haven't paid me (or given me a letter of termination/or put me through any grievance process/or submitted my P45) hence me writing to them. What would be my position re references when I try to apply for another position? I'm sure my new employer will want a previous references, and through them thinking they are a law onto themselves, would try and make my future career prospects as difficult as possible. If they gave me a bad reference do I have any grounds to do anything about it? I was only there for 5 months and would prefer my new employer not to write to them at all but not sure I have much control over this. I appreciate any comments...

Hello there! I'm new to this forum and would really appreciate some advice as I have exhausted Google/CAB! My ex employer is a massive public sector organisation. I am currently in the process of taking them to the Employment Tribunal. I won't go into too much detail about that for now as I think I've got it all in hand. Anywho, I made a SAR to my ex employer back in July for some of my HR record as it was necessary for my ET case. After a seven week delay (thats seven weeks AFTER the 40 day time limit) I finally received some of the information I had requested. I believe my complaint to the ICO gave them a kick up the bum. Fortunately the day before receiving the SAR, the legal department at my ex employer sent me a copy of the information I had requested, so I now had two copies of the same document. When I compared both documents, it was clear that the Data Controller who sent me the SAR had redacted ALOT of information. The information they had redacted was not in relation to a third party, but information that supports my ET claim!!! They have also redacted any reference to an email that I had requested, that was attached to this document (this email supports my ET claim massively). Needless to say, they haven't sent me this email. I immediately phoned the Data Controller and spoke to one of the advisors and the manager who both seemed extremely uncomfortable and eager to end the conversation. I have furthered my complaint with the ICO, who have passed this on to a specialist department. Is someone able to tell me what I can do about this?! Is this not akin to attempting to pervert the course of justice?? I have a case management discussion next week, should this be brought up?? I'm unsure as it wasn't actually the legal department who tried to cover this information up, but still technically the Respondent did... I am livid and will now doubt any documents I am sent by the Respondent in future! I apologise is some of this doesn't make sense, my toddler is currently trying to use me as a climbing frame!!! Any advice very much appreciated!!

Hi, I need to know if I have employment rights or not. I started providing IT support to my employer in 2010. My day to day job was to assist staff on technical issues by phone, email etc and on various occansion I would visit the company to resolve other IT related technical issues. I had no contract for the support I was providing. In May 2012 I started to work as an in-house IT Techncian for the same employer and signed an employment contract. I have been providing them ongoing IT support as well as working as an in-house IT technician. Recently in december 2013 I have been unfairly dismissed for gross misconduct and I want to take my employer to tribunal. According to new employment rules if I started my employment after April 2012 then the qualifying period would be 2 years and if it was prior to April 2012 then it would be just one year. My question is that do I have employment rights or not as I only signed the employment contract in May 2012 but on the other hand I had also been working there since 2010 without any contract. Thanks

Hey guys, A quick run down of the history of this situation: - Started employment in January 2013 at a relatively new web development company - Began going downhill and it had an impact on my mental health - Fought on, but resigned in October 2013 - giving extra notice up until the last working day of December - Four weeks later I was taken ill, informed my Project Manager and within 2 hours I received an email that said I'd been a brilliant employee but as of immediate notice my employment was terminated. This was allowed as I had worked my 4 weeks notice. --- I immediately contacted ACAS and pointed out my contract stated a minimum notice period of 6 weeks, and was informed this was unlawful dismissal.I calculated holiday leave and ensured this was paid. I informed my previous employers that ACAS were interested in the timing of my dismissal with regards to my health, that they felt there were grounds for action for Unlawful Dismissal, and that I was due holiday leave. After a very quick change of tone in the emails I backtracked, out of sympathy as the company has gone down the drain with everyone leaving, and informed them I really didn't want to cause any harm - I enjoyed working there and liked everyone as colleagues and as friends. As such I was going to overlook the dismissal issue and presume it was done in my best interests, and that by paying me up to the end of the month they were paying my holiday leave off anyway. (I was nice. Possibly wrongly, but within 4 hours of them telling me I had no job - I had an offer for the next week.) I then asked for reference(s), preferably one from each director; and highlighted the fact I had hardly received any payslips throughout the 10 months I was employed there. I also requested my P45 - they promised this would be done ASAP. --- The next week I still felt like I'd been dumped on, and was rather annoyed to see that despite starting a new job - and despite the fact that they had terminated MY employment with NO notice - I had emails and missed calls; asking for assistance on a project! If they gave me the grace of ONE DAY then they would've got all my handover documentation. It wasn't a malicious decision, but I thought it was best to not answer the calls during my new office hours - and I genuinely felt uncomfortable about assisting them voluntarily. (I had signed a Non-Compete Agreement with the new company after all...!) Unfortunately, as I had followed their instructions to the letter and returned the company macbook pro in the state I received it - newly formatted, there was nothing to be gleaned from this device either. It was after receiving the macbook pro that they stopped all communications. I know full well that there was no data on the machine, so there is nothing that would've reflected badly on me. Had I not formatted it then the only things that could've reflected badly would've been job posting bookmarks anyway. (Besides, it had an encrypted home directory and I never shared my passwords.) Over the next few weeks I realised I still had access to client data, so removed my access to any of it - this was a concern of mine when I realised some of the people who still had access to the data hadn't been involved in the company throughout my whole time there. Knowing this was probably an issue as per the DPA.. once again, I felt uncomfortable, but wanted to leave on the best of terms - so turned a blind eye. -- It's now week 7 and I have received nothing from them; they have, to put it bluntly, shirked their responsibilities and broken their promises. I feel like an idiot for being nice and feel as though my (attempted) act of kindness just gave them an excuse to try and take liberties. Any ideas of where to go next? I'm on a business trip to Sweden for two weeks soon, and want this sorted out as soon as possible really. It's worth mentioning that I have recently cleared my finances out and I'm saving for a deposit on a flat with my girlfriend: but of course, I have no proof of income beyond a December payslip. Additionally, I'm being taxed heavily (according to my new employer, although I didn't notice anything) due to submitting a P46 and not a P45. Annnndddd lastly, I needed two references before I even started this job; but it appears my work has been reference enough - however I am aware that this could crop up in the next two months during my probationary period and cause me issues if they then request them. I'm thinking of emailing them both (read; the other directory too; who poured inheritance in to this venture - just to see it wasted away by some curious decisions that he refuses to get involved with) and informing HMRC tomorrow. (Although I was waiting 30 minutes last time I tried to ring HMRC...!) However I'm beginning to consider whether it may be worth scraping the niceties and bringing up the Unlawful Dismissal and the health issues once more; I let them go in order to save a good friendship and so as to help keep some life in that company: but I've achieved nothing. Sorry for a bit of a rant, thought it best to try and explain as much as possible! Cheers guys!

I've been reading a few posts on this message board and the replies that they have attracted, and it seems like many of the posters are extremely knowledgeable about employment law and i am hoping that i can get some assistance. Until 3 weeks ago i worked for a major supermarket, as a part-time employee, working two 6 hour shifts a week. I began working their in 2010. My working hours fell on a Saturday, and since i was due to begin a educational course part-time which fell on that day, i could no longer work that day and therefore required a change. I wrote a letter to the manager explaining the situation, and requesting a change from working Saturdays to Sundays instead, with the working hours being 11-5. I submitted this letter to the manager and a few weeks later verbally asked her the status of my request, at which point i was told that she agreed to my request but that the paperwork regarding the change would be sorted out by her deputy manager. A few days later the deputy manager had a meeting with me and told me that my new working hours would be Sunday's 11-5.30 and that i should sign to confirm. I stated that there must have been a mistake as i specifically requested the working hours of 11-5 on sundays, and from my previous experience at another branch of the company this was the standard working pattern, and in any event if i worked the hours as stated i would be taken over my weekly contract hours of 12 a week. The manger stated that i would not be taken over the contract limit as i would be taking a 30 minute unpaid break during the sundays shift, and that it was standard practice in this particular store for employees who work on sundays to work 11-5.30 and that it was just not possible for colleagues to work on Sundays without having to take a 30 minute unpaid break. Faced with this advice i signed the change of hours. Since then i gradually discovered that the information given to me to induce me into changing my working hours was untrue. In the first place, i discovered that there were several colleagues who worked 6 hour shifts WITHOUT having to undertake a 30 minute unpaid break as i had to, and those who took a 30 minute break were given a choice between having a 30 minute unpaid break OR simply working a 6 hour shift. More importantly, recently i found an advertisement that the company had placed for staff working in the same role as me, who would have to work 6 hours on a Sunday WITHOUT having to take a 30 minute break- the very shift that i was told did not exist. In fact, the working hours for Sunday that was advertised was the arrangement that i originally requested in my letter. In addition to the above issue, on the date that i signed the change of working hours, i asked the manager on what date the change would take effect i.e. what would be the first Sunday that i would have to come into work instead of the Sunday? The manager told me that it would be, say the 10th of Sep. However, this was untrue; the change was actually due to take effect on the 1st of sep. Since i obviously did not come into work on the 1st of sep, i had 6 hours salary deduced from my wage for that month, and since i did not come into work on that day another manager wrote down on the daily schedule (which is visible to all staff members in the building) "X not turned up to work again!!". I have never simply never not turned up to work, and to do so counts as gross misconduct as outlined in the employee handbook. The dates listed are not the actual dates, but just to make the point that i was actually due to be in work on a date earlier than the one that i was told. Due to the above two issues (there are a few others which i have not mentioned as i dont want to make this post unnecessarily long) i submitted a grievance. While the grievance was being investigated, i expressed to my manager (who told me that i have to take an unpaid 30 minute break on sundays/and who also told me the wrong day to come into work) my displeasure at having to take a 30 minute unpaid break, and my confusion since the hours that i requested were being advertised by the company. This conversation escalated into an argument. In an attempt to defuse the situation i stated to the manager that i would rather that our interaction from now on remain professional, and that i would prefer it if he did not attempt to discuss personal issues with me, as i did not feel comfortable having to engage in trivial discussions with an individual who i felt was mistreating me. As i was stating this to him another manager walked over, and at hearing my statement she burst out laughing. As she was laughing, the manager who i was initially speaking to looked at her and he burst out laughing, and both of them continued laughing. I felt demeaned by his reaction to what i thought was a serious issue, so i stated "i dont understand why your laughing, its not funny". To this the manager replied, in front of the other manager, "im laughing because what you're saying is funny". At this point i felt even more demeaned and upset, so i walked away. 10 minutes later i ended up walking out of my shift early, and i phoned the store manager the next day to tell him what had happened, that i was upset and that i would not be returning to work. I posted my written resignation to the store a few days later. 1 week later i was invited in for a meeting to discuss the outcome of my grievance. My grievance was rejected; i was told that the manger made a mistake in not offering me the option of not having to take a 30 minute unpaid break on sundays, and that regarding him giving telling me the wrong date to come into work on, that was also a mistake. For these reasons the company rejected my grievance. Interestingly, they stated that they would give this manager some guidance on the break situation on Sundays, which i do not understand as he is shortly due to move within the company into a new office position, which is not management. Regarding the laughing incident (the final straw) the manager stated that he had looked at the CCTV cameras to see the incident that i mentioned (i.e. both the managers laughing) and he stated that it just so happened that the spot that we were standing at was not covered by any CCTV cameras, and so therefore he could not see anything. I know for a fact that this is untrue as it would be impossible for the company to have CCTV's covering the shop floor, but the spot that we were standing at (next to a checkout till) would not be covered by a camera. In summary, my questions are, from reading the above, do you think that i potentially have a claim for environmental harassment and constructive dismissal? Also, in relation to calculating the level of compensation, how should i go about it? I am going to try and attempt pre-claim mediation through ACAS with the company, do you have any suggestions as to what i should state to the ACAS advisor to tell the company? The company are extremely arrogant and have previously ignored all of my warnings that i am considering taking this matter further to an ET.

Making inquiry for a friend of mine regarding sickness. If the employer company is registered in the UK and has operations in Dublin, does that mean the employment laws have to be the same as that the UK. Thanks

I want tips for getting jobs, rather than just not being sanctioned. Th WP Advisors are not much help, more of a hindrance. Mistake: this should have gone in the Employment Forum. Bad night's sleep problems.

Hope I'm posting in the right place, would be extremely grateful to get some insight/guidance/thoughts, after short time in-between jobs and unemployed I recently have been offered a job under a "conditional offer" - whilst I passed the credit check, DBS check and am aware I need 5 years checkable work history in refs, it has come to light 1 previous employer just hasn't responded within the last fortnight despite 2 requests from the recruiter and it has now been requested I myself personally 'call' to see if I can get anywhere (never had to do this before and not relishing it either... whilst it was fair to say it was volatile with this employer, was one of those zero hours worker not by choice I really liked to think when I picked up they had overpaid me once and then thanks for honesty this may have aided a reference if for nothing else, I was under the impression they had previously supplied/responded to references requests, this being the first I've heard of them not replying) Like I said there is an agony that stems from being aware of an earlier organisation I'd applied to only within the last year who said at the time they had received a reference from this employer who is now not responding, so I'm thinking crazily could I not just do similar to a 'subject access request' if it comes to it? ironically this occasion saw a withdrawal of job offer due to not passing the credit check then, which now is ok/passable and remember it was said it was a shame there was a withdrawal because they had the references back ??? although I would later discover this application was a bit floored from the start so I can only hope I wasn't lied to then which is why I want to see if they did really receive the references... I appreciate it is Christmas and there isn't much I can do until the new year - leaving me stewing - from experience does anyone know if officially an organisation has to give a certain length of time for receiving reference? (letter when conditionally offered job doesn't say) there is also some money at steak for paying out to have the DBS done which gets lost if application isn't successful with the organisation I'm now hopeful to get a job with Thanks for hearing me out and appreciate any input

Hi all, A Pre thanks for any advice given. I'm currently due to go to ET on 9th Jan and after a lot of emails from respondant, I have received the old "without Prejudice save as to costs" letter saying.."In the circumstances, and for the reasons listed above, the Respondent believes your claim has no reasonable prospects of success. Notwithstanding this in an attempt to bring this matter to a conclusion without further costs being incurred the Respondent is willing to withhold pursuing you for the costs it incurs in defending the claim, should you agree to withdraw your claim before 02 January 2013. If you choose not to withdraw and this matter progresses to hearing and you are unsuccessful, our client reserves the right to draw this email to the attention of the Employment Tribunal and make a cost application against you. Rule 76(1) allows a Tribunal to award costs against a party who has acted vexatious, abusively, disruptively or unreasonably in proceedings or when a claim had no reasonable prospects of success." I know this hardly ever happens but I was wondering how to reply I and a few other people some professional (not Lawyers) believe I have a strong case their 'paperwork' and 'witness statements' are pretty awful as in they contradict them selves. I find it pretty shocking that they have suggested I have been vexatious, abusive, disruptive or unreasonable I find this to be discriminating against me.. I don't want to be picky but I want a decent reply to them. I highly doubt "IF" they did win the would be awarded costs as I have a family (Wife and 3 Kids) and currently on JSA (Not by choice). Sorry for the long post and thank you Merry Christmas to all Gary

After 6 months of been on the WP I found a job (no thanks to them) That was about a 16 months ago and in February it will be 2 years since been referred to the WP. Anyway since then I have moved house earlier this year and never bothered to tell A4E. In fact I never told them I got a job and signed off. Got a fair few aggressive letters for missing appointments and phone calls for a few months until they got the message - then they demanded to get details of my employment! The last voice mail on my mobile a few months ago was asking if I was still employed and that they can provide extra support if I need it. My job is secure but I was just thinking hypothetically if I were to become unemployed tomorrow would I be sent back to these clowns and sent on the post WP thing after my two years despite being employed for the vast majority. At what point would it be a reset? I guess soon I am coming to the point where I can claim contribution based JSA rather than income based which I was on before.

Hi, I would be grateful if someone can give me a better insight into this matter. I will try to simplify it.although its a little complex: I have a Full merits hearing set for next Thursday. The respondent's team tried to strike out both my claims: Unfair Dismissal- due to lack of continuous service I only received a contract in May 2012, although I have written evidence that I was to receive a 'salary' from April 1st..and my April pay is not a round figure..suggesting deductions were made. I had prior to that, been working full time, self-employed. Unlawful Deduction of Wages-due to the claim being Out of Time My claim relates to a proportion of commission that was not paid. My argument is that the contract did not set a deadline for payment..and even after part of it was paid, the MD at least promised to look into it. I made the claim within 3 month of my final salary payment. Last week, they turned up to the Preliminary Hearing late and unprepared, so the judge decided to proceed to a full hearing which would deal with the preliminary issues as well. I have irrefutable written evidence that my commission claim is justified. (due to a last minute witness whose participation in effect forced disclosure). The other side have offered to settle on a figure based on this commission..but not the Unfair Dismissal.. My original ET1 claim and subsequent settlement proposal amounts to about 1/5 of the total schedule of loss...so I think its pretty fair. The original bundle included meeting notes that had been altered by the Respondent... Upon hearing that the original note-maker (currently still working for the Respondent) may be appearing as a summonsed witness, they resubmitted the notes in their correct version...both sets are in the bundle:further indisputable evidence of dishonesty... The danger is, that I may not win on the preliminary issues, despite the evidence confirming my claims are justified.. If the preliminary issues are borderline, would the actual facts regarding the veracity of the claim and the dishonesty of the Respondent have an impact on the panel ruling in my favour (on the preliminary issues)? The commission issue is a formality if the Judge rules that it was In Time. Unfair Dismissal is more complicated: Despite being Head and the most experienced member of my Academic department, I apparently came bottom of a dubious test, that the Respondent designed himself, meaning that I was chosen for redundancy despite being willing to take a teaching role at the same pay rate as my staff. The test showed that other staff had 0% lateness and 0% sickness and also scored me lower on teaching skills, despite no actual observations having been done. I did question the scoring, but never got a clear response. The Respondent has included many documents in the bundle to try to discredit me. Some of the allegations are fair, others are not. Can I perhaps use those allegations in my favour to suggest (as I believe) that I was made redundant because of these issues? I have other evidence to back up my credibility including an excellent reference from my current and previous employer..and an award won by the dept I managed... Many thanks!

If an employee is dismissed and given 7 days to appeal to the company, but doesn't get the appeal letter to them within the 7 days, does this mean it cant go to tribunal?.... Is it worth still writing although the 7 days have just passed, there is a valid reason for the time delay. There is also GP backing for the case that would be presented to the tribunal. Any ideas would be helpful.

Hi Everyone... I am currently in the process of handling an ET case for disability discrimination. My case is based on DD failure to make reasonable adjustments. I was dismissed for long term absence due to my illness, which I claim was due to employer. I was under-trained for a new role and raised this to which this was not acted upon and no training or coaching was implemented based upon my part time hours and they said I would have to change working hours to change this. I subsequently went off work for health reasons, had numerous Occ Health reports done with advice to employer but not acted upon. 6 months later I was offered adjustments that could be made but declined due to my deteriorated health and faith in my employer. I was then sacked 10 mins later. It is nearly a year since my dismissal. So far I have had two CMD's (phone and in person) and just recently due to the last CMD had orders made to both myself and the respondent. I have had to and have done an updated case based on DD - failure to make reasonable adjustments, to which the tribunal had ordered the respondent to notify if interested in mediation a week later (1st November) and then to provided an updated response (15th November). The respondent has not replied to myself as the tribunal had ordered and I contacted the respondent (copy sent to tribunal) but have yet to receive a response. Now... today I received a letter from the tribunal stating they cannot offer mediation as consent was not received from both parties. I'm now awaiting their updated response to get a better idea of their stance on the case. My question for help or guidance is if anyone else has experienced similar? is waiting 6 months for reasonable adjustments acceptable? when its for guaranteed training? also their failure to comply with orders, is this something to be taken seriously? they have continuously postponed dates of orders that have been made previously also. Many Thanks for taking the time to read my post

Hi, wondered if anyone can help my daughter. She has been off work for the last month with mental health problems. She has been diagnosed with bi-polar and borderline personality disorder and the employer knew about the bi-polar before taking her on and she has worked well there with just a few very short absences for the last two and a half years. However, she has had a bad episode and has had the services of a crisis care team at home and psychiatric care. At the beginning of the illness she was too ill to telephone the college so I did keep them informed telling them at the beginning of the week she wouldn't be in that week and on the Fridays to tell them about the probable non attendance for the coming week. For the latter part of her absence she has been e-mailing them (as advised by the Crisis Team rather than ringing which was causing her more stress). I have been taking in the sick notes as best I can with a full time job, getting them in in the second week of the certified dates. In short, we have been doing our best to keep them informed but apparently this has not been completely within their 'policies and procedures' and on Friday daughter received an e-mail stating they would only pay SSP for the whole absence, not the normal sick pay received by others if they'd managed to play exactly by the stringent rules. They sent a letter on Monday 11 November by post asking daughter to attend a meeting to discuss situation 1 p.m.on Wednesday 13 November. This wasn't received till the Wednesday at 11 a.m. and would have given her 2 hours to get a colleague to attend and prepare and in any event this kind of meeting would be inappropriate given her illness and contributed towards more stress, surely 2 hours notice is not sufficient? My question is, are they within their rights to do this? They 'champion' equality and diversity but this seems to be lip service when now faced with this situation they have so little empathy. Employer has also rung the mental health clinic asking for details of the case without permission. This new situation has put the situation back causing daughter more worry and stress. Can anyone give me their take on this? Sorry for long post. Many thanks.

My sister-in-law was originally on a fixed term contract with no end date and at that time every other employee in the department was substantive. There was a reorganisation in the department which was subject to competitive interview for all jobs. She was unsuccessful in obtaining a substantive role at the same band but was given a substantive role at a band below. The manager let slip she scored more points in interview as another person but did not get the substantive role. She pursued this with the union rep and explained to the manager her grievance at the process as she felt it was unfair. She didn't put a formal grievance in at that time but was allowed to 'act up' to the higher band for another 6 months and left it at that. 2 years have passed (She's been on maternity leave and come back) and no opportunity to get back to the appropriate band has arisen until recently. Someone has retired and a vacancy at the correct band is being advertised. This job is exactly the same as the job she used to do (and no-one else has done) so I wondered if she could be 'slotted in'? There are other staff that satisfy the person spec but they are at the appropriate bands and have not been affected by change. She's not at risk but has been affected by change albeit 2 years ago. I understand the vacancy went out to the restricted pool first (which she's not in) and is now being advertised externally. Surely there is a duty to help internal staff who have been affected by change first rather than throwing it open to the world to compete with? She's also discovered some policies relating to this are missing and have already received an apology from HR. Help much appreciated.

Hi, All I have been working for a company for 16 month and got took on after the 3 months period. I have had major problems there. I will write some below and would like some urgent advice after I have resigned and now they are trying to stitch me up with my wages, but I have the following on them and think I deserve my wages. * I have an email from the boss threatening all members of staff saying do not upset me there is a devil inside me. * I have an email saying make sure the radio is off because they have no licence and if it is on and the company gets a fine they will take it out of our wages. * I have emails to say my job is not secure unless we do more sales. * I had my wages paid in 7 days later than my wage slip date. * I had a wage slip say more than what I got paid into my bank. * I started working for them on 21-06-2012 and my contract says 26-06-2012. The contract is signed by the owner, but I have never signed a copy and have the copy. * I have had all my commission stopped and got told you signed your contract to comply with the company handbook, but I have not. * My contract says 12k a year and it was meant to be 12.5k a year and employees that are not management are on £500 more a year than me and I do more in my job. * They are registered as a internet showroom and are selling goods of the shop floor and have pay and take signs and stock to take away. * They sell beds knowing that they cannot deliver them, because of suppliers being stopped. Wherel do I stand with the above and could any of the things get me my wages and commission back? Thanks in advance.

hi if the respondent submits false allegations, everything from theft, drug use, violence etc., in the desperate attempt to defame the whistle-blower, can they be sued in turn for making defamatory claims and committing perjury, hearing goes public shortly??

Hi My son is on employment support allowance, he has adhd, odd and possible asg, he was told how to access a loan company. He got a loan for 400 pounds from pounds to pocket. It was too late for me to stop him, and I had no knowledge until after the fact, then he starts to get the letters of default that I found under his bed, now Makenzie Hall are ringing our home telephone. He has never worked and is not expected to, he is not in the support group for esa, as I think they have written him off due to his disabilities. His impulsiveness is a horrendous problem and it gets him into all sorts of trouble. I have looked at the p2p website and they state you have to be employed to get a loan from them, he told them he was only on esa, and disability benefit(however he does not get disability benefit)He gets confused. They gave him a loan to his bank account, so that sees him taking all his esa out, before they can get hold of it, that means trips to the bank at 2am, and his money is spent the very same day. He has no idea of spending carefully. I asked him did he tell them he was working and he said no mam, only told them I was getting my esa, and disability, which he does not get, although he should. So now I have got a very stressed 21 year old who has the social age of a 14 year old. He's scared to answer his phone, and keeps saying he can't cope. What is the best way to deal with this one please?. Thankyou

Hi, I'm preparing everything for a disability discrimination tribunal and I wondered what should normally be in the bundle. Is it all the evidence to help prove my case or is it something standardised? Thanks for any help.

I am analysing my employment contract and there is a section in it that raises an eyebrow. The contract is for a simple employee on a modest salary (i.e. not a director). The employer is a small business. Specifically, is point 13.1(b) legal? Below is section 13.1 13 TERMINATION 13.1 This Agreement and the Employee's employment with the Company hereunder may be terminated immediately by the Company without prior notice if the Employee at any time: (a) has a bankruptcy order made against her or if she makes any arrangement or composition with his creditors or has an interim order made against him pursuant to Section 252 of the Insolvency Act 1986; or (b) becomes of unsound mind or is or becomes a patient for the purpose of any stature relating to mental health; or © is or becomes prohibited by law from being a director. Is it just me, or does the above sound a bit unfair for a simple employee? Please let me know your views xx

Hi all, Just looking for some advice on my situation. Basically I was subjected to 6 months of bullying/unreasonable treatment by a new boss (won't go in to details on that but several incidents, some witnessed, some not.) Several staff on my team including me complained to his boss, to no avail. All I got was mediation where he acted like he was the aggrieved party (surprise!) So I decided to get a job elsewhere, which I did, although I never wanted to leave. With two weeks of my notice left, I was called in to his office and berated in an aggressive and extremely abusive manner, all over nothing. I was immediately instructed to leave and told I'd get my last 2 weeks paid, which my employer did. However I later found out that the day I left, after I was gone he called a meeting stating I'd left as he'd caught me out lying, I had refused to work etc. He'd emailed me to say this that same day as well. Weeks later I heard from a former manager that it had got to her (the other side of the organisation) that I'd gone for deliberately sabotaging and falsifying documents. A grievance is being worked through. Ideally the result I'd like is the following: - An upholding of the grievance itself (although sadly it would appear from reading this forum that bullying rarely does get upheld no matter how many witnesses/incidents?) - The defamations to be retracted. - A charge of gross misconduct against my old boss for repeated and unfounded defamation of character in written and verbal format and the bullying. - 'Some form of redress' for the fact my whole career and life have been knocked sideways by this, when previously I was one of the best performers in the company and had won numerous awards to that effect. I won't go in to details but it's cost me thousands as a result of this. Anyone have any thoughts on whether this is likely to end up as a letter sent to me saying 'sorry no case to answer' or 'sorry we're going to work on his behaviour, bye', or whether I might actually end up with what I would consider just from this? I'd have thought they can't deny the email I have from him which is insulting, the various witnesses to defamation and the repeated complaints about him to management previously? Thanks Jeff

Through an agent I went for an interview on 26th May, but in interview the managing director mentioned me that there is another vacancy available which is more urgent but he didn't mention anything about that. They sent me job contract next day bypassing the agent via e-mail on 27th Many for completely different position asking me to accept in the same date. It was a bank holiday and I had only few hours to deceide. Not knowing what I am going to do in this role I accepted this offer, assuming I will get job details later. I sent them e-mail asking me to sent Job description but so far I haven't had any reply from them regarding this. I rejected this offer in within 7 days time. But they have now issued attached claim form saying that I am liable to pay £3000.00 as they mentioned in the contract. I the claim they have mentioned that they are going to send me detaled particulars withing 14 days but unfortunatly I haven't got these within 14 days. They sent me today claiming me several cost which they had to pay for tempary staff. Does anybody can help me with this. Do I need to pay this Monay ? Your help is really appreciated in this matter….

Scenario: An employment agency is alleging I have been overpaid, this has occurred several months after I last worked through them. The alleged overpayments where paid directly into my bank account . They are asking for the money back. I had no formal contract with these people and there is no payslip or any other evidence of what this payment may have been for. The job I was working on (with no contract) actually ended some six weeks earlier than it should have - with no contract I had to take that on the chin. Ironically the amount of alleged overpayment is about what I would have earned had the job lasted as long as I hoped it would have. They have given me 1 week to get back to them with a written proposal on how I intend to pay the money back. Any help re the legal position on this would be appreciated. Thanks.

Dear Members, I hope someone can help me. I have just received my employment record for the last five years from HMRC and I cant see mention of my job for a specific company in 2010. I worked for a local company for 6 months but there is nothing in employment record. I am unable to contact my previous employer becasue the company has gone into administration. Could someone advise me what to do. I have a doubt that my employer did not show me as his employee and did not pay any tax on my behalf.