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  1. Hello, After getting a ‘dream job’ near my home, and hating to travel to/from work on my time, on my second day at work my employer told me they are moving me. I took this job because it was near my home. I wouldn't have taken it had they been honest and told me they were planning on moving me (they had known, they just didn't know where at the time). I took the job knowing there would be travel required to go to meetings. They pay for miles and allow for travel time for any of these meetings. They said my base is remaining as it is, but that I am expected to work four days a week at this new location ten miles away (travel is on a very congested road). They will pay me the miles but will not allow for the travel time. This is what the employment documents say about this: Person Specification document (on Job Advert): The post holder may be required to work at any establishment at any time throughout the duration of his/her contract, normally within the location of COMPANY. In Interview: It was not mentioned. On Offer letter: It was not mentioned. On Contract: Schedule 1-8: Base: Listed as my current base, near my home. Schedule 2: Your base is as detailed in Schedule 1 Section 8 2.1 However, you may be requested from time to time, to work at any of the Team’s premises although individual circumstances will be taken into account before such a request is made and such a change will not be made without due consideration. 2.2 Where the Team requires that your base is changed on a permanent basis and such a change requires a significantly greater amount of travel, or relocation to another area, then such a variation will not be made without due consultation. 2.3 Any costs incurred will be reimbursed in line with the COMPANY Terms and Conditions of Service. COMPANY T&C of Service: The Terms and Conditions of Service document refers to the repayment of mileage, it never mentions allowing for travel time. Questions: 1) Do I have the expectation of taking my additional travel time out of my work time per day a. If my official base remains at the original location? b. If my base is moved to the new location? c. Could they move me to a new official base if the offices are not theirs, not rented by them, but solely provided by the client? 2) If my base remains at the original location, and I should be allowed the travel time and take it, if they react by officially changing my base simply as a response, are they allowed to do this? Note: My employer has said that they are moving me as a trial for a few months and have no idea whether or not they will be keeping me there, moving me elsewhere, or moving me back to the original base. I phone the government’s employment contract service, and they said (I noticed they will not put anything in writing) that if my base doesn't change, and I am asked to work at another location, I must be allowed travel time. Thank you very much for your time! Sciamo
  2. I have worked for my employer for 12 years and as they were the only trading Ltd company of a PLC listed on AIM I started to receive several share option packs over the years as part of an Enterprise Management Initiative, however due to the price listed on AIM these were never exercised. About 2 years ago the company swapped all my old share options of 19.6p to equivalent number of 10p options. I thought this was generous and signed the relevant agreement but to this date neither myself of colleagues ever received countersigned copies back. Last year we were subject to a reverse takeover (unsure if reverse bit is relevant) by a company who now trade on AIM using 'our old account' but with a new name- essentially they needed funds from the markets to start a new overseas project and reversing into a PLC was easiest method. A retired Director I am friendly with told me the takeover was completed at 6.75p per share. I have had no correspondence regarding my share options since the takeover and when I ask my MD he states he doesn't know and he cannot get answers from the PLC Company Secretary or so he tells me - could he be lying? The Ltd Company has now been put up for sale by the new PLC as we are not part of their core business. Should the new PLC have offered me something for my options or swap for an equivalent share scheme or benefit in kind?, do they now even exist as the listing on AIM is under a different name to my previous employer? Any help would be appreciated as I am worried if we are sold quickly by the new PLC that my chance may be lost
  3. Hi there, Really needing help with this issue! Currently, i own my own hairdressing business. I employ 4 staff members. One of my staff members had been acting inappropriately at work, e.g bullying other members of staff, personal appearance and attitude, turning up late for work, which forced me to give her a numerous verbal warnings. Almost 4 weeks ago now, she turned up on the busiest day of the week, seemingly under the influence of alcohol, i spoke to her about his and told her she will be given a final warning in form of a letter when she returns and was told to go home for the rest of the day. However, the next working day i recieved a phonecall from one of her family members informing me that she was not returning to work this week as she had a doctors line for "depression", it has now been four weeks, and she has provided more doctors lines to cover her off work with SSP for at least another six weeks. I have since been told by mutual friends that she is actively seeking another job and has no intention of returning, she has also been seen behaving drunk and disorderly in public, and due to the nature of my business, her clients have become aware of this and it is harming the image of my business. Is there any way i can dismiss her in grounds of redundancy as she is not bringing in any clients while off? I was wanting to dismiss her prior to this, but now i feel i'am stuck paying for her being sick (which is seemingly untrue) while she enjoys days off searching for another job? I have also discovered i'am pregnant and the stress of the situation is getting me down. I was just wondering if you could advise me on actions that i can take in this circumstance?
  4. Hi all, I work for a trade plate car delivery company as a "self employed" contractor, delivering cars up and down the UK. I have 2 issues. They have made what I feel are unauthorised deductions from my wages. First time was a few weeks ago where they deducted £120 for a new tyre, as I had a puncture. This money was docked without warning. More worryingly, they are now trying to charge me £200 odd for supposed damage to a car I was driving, even though I worked on the job with another driver and he also drove the car part of the way. My question is, are they able to make deductions without giving notice? The contractor agreement states "it is the responsibility of the driver for any transit damage to any vehicle in between collection point and delivery point" and also "if any damage is missed, or any damage is made to the vehicle prior to delivery, you may be held responsible for all costs incurred, unless it is proven to be the fault of a third party". Nowhere on the agreement does it state they will make deductions from wages, just that "you may be held responsible". Surely that is a little ambiguous? Are they able to make deductions without proving you caused the damage? Are you liable by default unless you can prove otherwise? I'm hoping to file a claim in the county court for the money they are withholding. Would this be the correct way to proceed? I'm assuming an employment tribunal would be pointless as I'm not an employee and we're only taking about £500 total. I realise I've asked a lot of questions but any help you can provide would be most appreciated.
  5. I damaged my ankle ligaments about 10 days ago playing football. I got it checked out by the hospital the day after, no broken bones but ligament damage. I've had alot of swelling and bruising since so I went to the doctors today and he said I've likely torn my lateral ligaments. He's signed me off work for 2 more weeks as my job involves being on my feet. I was due to go away this weekend on a stag doo to a European city, however I was suppose to be going with about 7 other people from work. I have booked the days off as I was due to work this weekend, but I'm very worried about what managers at work would say if they found out I went. My parents are saying I shouldn't go but others are saying will be ok. I'm trying to find out what would be the right thing do in this situation? Thanks.
  6. Hi I'm new at this but would really appreciate any advice anyone has to offer. I am currently on maternity leave, due to return to work in January but I have just been advised that my division is closing at the end of December and all staff are in a 2 week consultation period, after which redundancy notices may be given. I have worked at the same company for nearly 8 years. It's a large company and I'm sure they are well versed with the procedures and I am sure they will keep things above board however i am the only one in my division who is a) on maternity leave and b) only works part time (as I reduced my hours after having my first child). I can't see as there could be a position suitable for me so i am kind of braced for redundancy. I would like to know, if I am made redundant: - does the notice period start after maternity leave ends or imediately when informed? - if notice is during maternity leave, is notice pay my full salary or SMP? - should i be expected to return to work after maternity leave to fulfill the notice period? - i will reach my 8-year mark during the notice period (before the end of my maternity leave), will it count to my redundancy entitlement? - at what point am i eligible to start a new job (if found) without affecting my redundancy pay? I know this is alot to ask but any information on the matter would be appreciated. Many Thanks
  7. I wonder if anyone can give me some advice. I am defending a claim against a previous employer and the court date is scheduled for early September. They had until yesterday (24 August 2011) to submit / exchange their witness statements for which they have failed to do. What happens next......
  8. Hello and apologies if I'm posting to the wrong section. For the past 4 months, I have been providing consulting services to two individuals wishing to set up an investment managerment company. There is no company as yet, but it has been in the process of being set up for several months (hence I am consulting for the individuals). Here's the problem: I have not been paid despite constant reminders. Every time I ask (by email or verbally), I have been given assurances that 'the money is coming'. I have no written contract detailing terms of consultancy but I have verbal (with witnesses), email and text messages that I believe offer ample proof of consultancy. I have also attended several meeting with them or on behalf of the individuals. I have now issued an invoice (for the 4 months of consultancy) to the two individuals (one of whom lives in Italy). However, I don't believe they will pay. What should be my next step? Do I need to issue a Statutory Letter of Demand (SLD) now or do I need to wait until a reasonable amount of time has passed (from the date that I issued the invoice) before I can send the letter? Is there anything else I should do? One final thing: I have issued an invoice to cover up to the end of June - obviously the month of June is not yet in arrears given that we are only half way through it. But the other three months (March-May) are. Does that make a difference as to when I can issue the SLD? Any help would be hugely appreciated. Thank you
  9. Hello, I have known all along that my situation was not right, but I have no idea what to do about it & I'm a little nervous about getting in to trouble! I have been working as a full time, live-in carer for 21 months. When I took the job I was given the impression that it was part-time, but it most certainly is not! I had hoped to carry on my usual self employment along side, but this has been impossible. The day starts at 7am & finishes at 11pm but I am also on call all night. My employer is an elderly man of 93 yrs, partially disabled by a stroke just over 2 years ago, but mentally very alert (does the Guardian & Times cryptic crosswords in a few hours). He never leaves the one room he lives in & all his toilet facilities have to be brought to him - there is no plumbing in the room. The location is very rural & the longest I can leave him is 90 minutes, so most of the shopping has to be done on line. Everything that he needs to be done for him, or about the place, is done by me. He has a niece who lives 20 miles away & visits approximately once every three months! It was she who was involved in hiring me - via a hand written advert in a newsagents window. Each week I am paid £200 for 7 days (24 hours per day!) & if I want time off I have to arrange it & pay for it out of this. Since I have been here I have had 9 days holiday, & my employer paid for the cover. I asked about the employment situation when I started & the niece told me that if anyone asked - the money I received for my work was 'household expenses'. I knew that this was not right, but I had hoped I wouldn't have to do the job for very long, so it would not be an issue. The first year I did my accounts, most of the year was still my old self employment, so I just added my carer wages into my receipts. About that time I phoned HM RC to ask them about the following year, but in retrospect I do not think they actually heard what I told them, because the adviser said all was fine & I could earn up wards of £400 a week & still not pay any tax - he then mentioned a revenue document. I made a note of this but didn't actually read it until just before I did my accounts in January this year - when I realized that this actually referred to a scheme where an elderly person is looked after in someone else's home & not in their own. It seemed much too late to do anything about it then, so I described myself as a self-employed carer & filled out my tax return accordingly, even though I know that am actually an employee but I don't know what to do about it! I have been going through a divorce & trying to negotiate a financial settlement, but still as yet have no money. However after 21 months working here I have now had as much as I can stand, and have handed in my notice, & will be finishing on March 27th. The elderly mans niece has already sorted out my replacements, a very sweet young traveler couple, who no doubt will also be told that their wages are 'household expenses'. This may not be such a worry to them as they may be 'off radar' & not care! I just feel that I have been put in a very difficult position - & it has all been done to keep my employers costs down - no employers NI contributions, no employers insurance, nothing! He is not a poor man, though he has a poor mentality - he owns his property which although dilapidated is in a very desirable area, he lives on the income from stocks & shares, receives the higher rate carers allowance & has several tens of thousands in his current account. Should I just leave, forget about it all & hope the HM RC never have cause to look more closely. Should I contact them again & draw their attention to the situation? (If I do I certainly will not get a reference in future & I could do with one if I seek employment as I have been self employed for decades). Do I have anything to gain by contacting HM RC - other than a sense of fair play? All advise gratefully received!
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