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Found 2 results

  1. Hi Guys I'm after a quick bit of advice regarding time scales for ET application after going through early conciliation. An incident happened at working on the 10th August 2016 for which I raised a grievance then appealed the grievance. I had the results of the appeal on 7th November 2016 for which I still do not agree. On the 8th of November I then submitted a request to ACAS for early concilliation which I'm told put a hold on the time given to apply for employment tribunal, which I believe is 3 months minus 1 day of the incident. Now as far as I understand ACAS will not try and resolve this with my employer but if they fail they will issue me with a certificate which will enable me then to apply for employment tribunal and the clock starts again. Does this then mean I've only got 2 days after ACAS issue the ceritificate to apply for employment tribunal? Hope the above makes sense. Gnarl
  2. Concerning the issue of whether we are a casual worker or a an employee there is many criteria to consider for example the time we work for the employer, our skills, whether he employs us only in case of shortage or during peak time or he uses us in the normal running of our business...etc. However I would like to know if the conclusive evidence is not when the P45 has been issued because if it has been issued one year after the start of employment this means that we are now an employee. It is up to the employer to decide if he need us anymore or nor and as a consequence if he send us our P45 or not. If the employer decides because it is not convenient for him not to issue a P45 at the end of each project we could be consider as an employee There is also the issue of HMRC and in order the employer not to pay tax maybe a worker has to work only for a small period of time and not come back for a long time There is also the issue of the difference between temporary employee and a casual worker
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