Hi Have received a letter from Red claiming they are in the process of obtaining my employment details, and that once they have them they will decide on further action. Do these DCA's have the right (or means) to obtain my employment details? I am not working at the moment so they aren't going to find anything, but how would they be privy to that information anyway?

Hi there, I have a number of Tribunal Orders coming up over the next few weeks but this one has proved to be the most difficult to work out. Does anyone know how to calculate the schedule of loss for an ET - my case is harrassment due to disability? As always, thanks for your time. Jon

Ah it has come to the time that i along with 3 other colleagues have had to take our company to an employment tribunal. Let me give you some background details first. I work For a company that provides security for holiday camps, march through november. i started last march finished november then restarted in march, and have jsut finished again now. I will resume my position next march. On avg i work 45 hrs a week. I didnt have to apply for my job i got it because of who i am. I have never received the following which is why im taking them to tribunal: No particulars of employment (despite a written request) Infrequent payslips - year 1 i received none at all, yea 2 ive received 4/5 altogether Not received a p60 - nor a p45 (when questioned the director stated he did not know our employment status, however we must be seasonal as we receive a p45) No holiday pay for year 1 or year 2 ( when questioned the director said it was 'rolled up' which i know to be unlawful as its not described on the few payslips we have - and as no particular of employment its not on there, and certainly wasnt verbally agreed) We work in a loud environment, and i have developed tinitus, they have not provided any hearing protection It clearly states on their website they provide training, and uniform including safety equipment - yet none has been provided and ive had to purchase everything myself No sick pay, not even SSP - nor info on how to claim and ive had to take off several days throughout my employment without pay. Often i work late in the night especially when writing reports of the nights incidents- we get no health check info at all. I was promoted this year, ive had to interview, hire and fire people with zero training. Instead to ensure i comply with the law i have had to study employment law without pay. NO Training at all with this job, despite it saying on their website its provided!! please note i have also had to educate and train my manager who is also a claimant. We have enver filled out a Working time directive opt out form - i worked for 7 weeks solid without a day off as there was no-one to cover shifts. I got my promotion appx apr 16th, was told my pay increase would happen in 4-6weeks. it took more like 11 weeks, and only because i persistently text messaged the director. It was back dated to august 1st. I must point out at this stage that we asked the director and area manager for extra men none were provided; we asked for meetings they never happened. We have only seen Now, I filled out the ET1 and the case has been accepted, and im waiting on their response. I have spoken to ACAS and they have said i should write an Schedule of loss. I know theres alot of claims here so how do i go about it. I think on average i work appx 40-45hrs/week. How does my case stand up - i cant find anything similar through online searchs? Also how do i begin to write up a schedule of loss for these claims? what kind of money should i be requesting? any help would be greatly appreciated. NB/EDIT = I am also thinking about legal representation who would be the best to speak to regarding this problem - ACAS says i can still appoint a rep - there are 3 other people attached to my claim - would my rep, cover them too?

Hi there. My appeal date is next month which is regarding about Employment Support Allowance. On the medical assessment I was given 0 which therefor some of the information were incorrect. Does anyone know where I can find free solicitor who are dealing with Employment Support Allowance Appeal ?

http://uk.news.yahoo.com/third-benefit-fit-162543735.html Yep 36% savings on ib to esa. Wonder if that is a general figure before appeals lol Love the way he puts it, ib was a failing benefit. Soooo ESA and erm Atos mix is wonderful. DONT THINK SO!

Hi all, this is my first post in this area of the board as I know absolutely nothing when it comes to employment issues but my poor mum is at the end of her tether and I need to help her out. Please grab a coffee as this is going to be a long one. My mum works in a office (private sector) for little over minimum wage; she has worked there first of all on a rolling temporary basis (Employed with the company not as a contractor) and was made permanent in this year, In May of this year my mum was moved onto a new campaign within the office with a new manager, to whom took immediate dislike to her, she was openly blaming my mum for things and putting her down in front of the team (Examples Edited) Other environmental issues like ill fitting headsets with faults, unclean desks and damaged chairs also took effect. My mum couldn’t handle this anymore and was signed off work with “Work related Illness (Changed)”. This meant she was off for a total of 6 months Long Term Sick. During her absence she complied with all reasonable requests for sick lines, paperwork etc but 3 months in was given a meeting to attend, first of all this started with the manager having a right go at my mum down the phone for saying that she hasn’t turned up for a meeting which we never got the letter for (This was later discovered and I am only mentioning ) When she finally did get the meeting request and attended rather than the HR rep that she wanted their attending it was the manager she was complaining about and another manager. so needless to say she was pushed into a corner with regards to her complaint but none of her REAL complaint got heard by the managers that mattered just a watered down version of events from the manager who was hearing the complaint. Finally just before going back to work she received a meeting request this time actually with HR who covered all her concerns, addressed them in a professional manner and they both mutually agreed a phased return working program to suit them both which my mum was looking forward to. So this is now end of September with a view to returning in October, Pay day arrives to which she finds no wages in her bank account. Needless to say her Direct Debits bounced each incurring a charge as well as the Credit Card company the payment was due for also levying a £12 missed payment charge none of this is my mum’s fault as she hasn’t even stepped foot in the place in months! She called her work who said “We will look into it and call you back” needless to say around 5-10 calls later she is no further forward and no payment either, At this stage my mum gave up and started phoning pay roll herself, In the end this took 4 days to resolve and over £125 in charges from her bank never mind the bad marks on her credit history for missed payments. They FINALLY paid her and we are still waiting on them getting back to us regarding the charges that were incurred as part of their doing. Two weeks later my mum started back work on a phased return which she was quite enjoying which involved a few days a week getting her retrained addressing concerns etc and was ready .. End of October comes and guess what no wages again £20 this time, Roll on another batch of bank charges. Same as before contacted her work who said “We will look into it and get back to you” no wages by the end of that day earlier, She arrived in the office the next morning (No wages remember) a manager had a go at her in a really busy corridor and said some things (Not repeated for anonymity) This was overheard by my mum’s return to work advisor who reported it to a higher level, they themselves clearly seen the state of my mum and asked her to point out who had said it, she did and the manager didn’t believe them she then mentioned the lack of wages to which they then said we will look at it, go home and calm down you are in no fit state for work. The next day which was her day off she spent chasing management about where her wages were, they gave her the usual we will phone you back etc, and never did, she finally got the senior manager who she had spoken to the day before and this time he had turned nasty and very unhelpful. He then asked what happened last month and she explained to which she was told oh no that couldn’t have been the case he then had a go and said leave it with me. At this point my mum is in absolute pieces having been treated like dirt after trying to go back to work after a long absence which was due to them, not getting any money at all for it to live in, No one ever calling her back, and then being shouted at by the people that are supposed to care, She was in such a state she had a anxiety attack to which was a horrible experience to witness. She is also due a fair few days holiday back to whichshe is scared to ask them about as her colleague who was also off sick was told “you will lose them as you were off sick.” This morning as I was going to work my mum was sitting up in floods of tears and couldn’t even construct a sentence together about going to work so I told her to phone in sick. Still has no wages although they have promised to pay her today. They say this time the mistake was due to them. The whole time she was off she had a councilor and was prescribed anti depressants to help with her condition caused by work What do we do now? - The holiday issue surely its law that no matter sick or not she gets her holidays? What happens if they don’t facilitate / allow her to take these does she lose them? What is the best way of dealing with this? - The attitude problem of the manager/s how does she deal with this? - The wages problem has caused over £200 in bank charges and 2 missed payment marks in an otherwise unblemished credit history, how do we approach this? - My mum has taken notes and screenshots on her phone of every call made and when as well as what was said and with dates and times so taking things further there is plenty of evidence Thanks for making it to the end of this hellish story and I appreciate anyone who can help in any way at all.

I was employed on the basis of basic plus bonus (the bonus was the majority of my wage). I ended my employment with holiday pay outstanding. The company have since confirmed in writing that 1) Holiday pay I received is for basic salary only. 2) Holiday pay is based on average earnings (basic plus bonus). 3) Other employees have confirmed in writing they were paid on basic plus bonus for holidays taken the same month. 4) My ex employers will not offer any explanation for the shortfall. I cannot go to the Employment Tribunal as it is out of time but any advice is appreciated.

i have worked for my employer for almost 24 years on a part time basis,between 5 and 10 hrs per week.i have never had a contract in all that time.they pay tax and NI from my wages and i get a wage slip. some untrue allegations have been made against me,and i'm currently facing some kind of disciplinary proceedings. i need help with deciding if i'm an employee or a worker.and what rights or protection do i have?they have said to me that as i'm not an employee,then they do not need to follow any disciplinary process. they have wrote to me and asked for a response,i replied.they have now wrote back asking me to attend a meeting to discuss the matter further. any help would be very welcome

I've been on ESA since January after being migrated from IB. I have M.E. and mental health issues. Working for an employer isn't an option for me. I've been self employed before when I was younger and know what it entails. I make cards and jewellery and am considering becoming self employed again, even though I know I won't make very much money. What I need to know is: When I come off ESA, will I be eligible to have my earnings be topped up with income support? What will happen to tax credits? I have a son who is disabled, and he gets DLA middle rate care, and my husband gets carers allowance for him. Will this be affected? Also child tax credits, how will these be affected? I am receiving DLA lower care and lower mobility, I understand these won't be affected. We rent our house and receive housing benefit - will be still be able to claim housing benefit if I am self employed? Do we need to register the business and if so I wonder if this will affect our tenancy (private). Thanks in advance

I was just wondering if some of you had any advice on surviving the long and stressful ET process. As per my other post, I have raised an ET against my employer. I have spoken to a number of organisations (Equality helpdesk / acas helpdesk) and legal people and have not met one that has said 'mmm, not sure you have a case there'. My doctors and psychiatrist are backing me 100%. Fortunately, most of the evidence I have is in writing and in my possession. My questions: 1) I am off work sick and no longer receive any pay from my company. If the ET takes nearly 2 years to get to court (my employers are keen to delay at every opportunity), how did/do you survive financially? Are there any options or I am I simply to rely on my other half and family? I haven't been offered any help or adjustments by my employer even though I originally asked for some in writing (they told me to raise a grievance if I wanted an adjustment hence I find myself with a ET claim). 2) Maybe a silly question but any tips on surviving this process mentally as my life is on hold and even though I am medicated, I don't seem to be able to pick myself up from the floor!? It seems that the process is not helpful for people suffering mental illness. Can I get allowances from the court? Can I get my doctor to write to the court and ask them to speed things up? 3) I have had legal help but as I am not being paid, I am fast running out of money to pay them. Can I get free legal advice (for when I eventually receive their ET3 defence) from CAB or is there somewhere else? I think I have a strong case but because of the pressure of the situation, I am very close to dropping the case (i now understand why so many cases are dropped). Any advice would be greatly appreciated. Thanks

I have one and I have just started a new job. They have asked me when offerig the job and I haev advised them, so that is fine. However, my previous employer have just sent me an email stating that they have posted as well as emailed a letter to my new employer with the restrictions. This is not a problem as I have told them anyway, but I have since left the new job as it was very junior, so looking for a new one. I am wondering whether someone could recommend an employment lawyer, or could give me some advice, as I now have new interviews lined up and I am expecting that employer to send them a letter as well, therefore my employment may be jeopardised/restricted. I have spoken to a lawyer friend, not an employment lawyer though, and he suggested to take it easy as the judge would probably be in my favour if it gets to that point. This is because my job involves dealing with many customers who are on a database, and many companies in the industry I am in will have many of the same contacts/clients. Therefore if I deal with a client it would not be because they are my old job's client' but because they are the new one's existing customers as well. The restrictions seem to apply to the whole database which is about 20 000 people, not only the people I have dealt with. I also have no knowledge of who is actually on the database, as it is too large. So my question is, if I get an offer which I then lose because of this, can I take the old employer to court. I have heard that for example if there is a notice period, and they make me work if which results in losing another new job, due to the timing, I can sue them for damages. I do not want to sue anyone, my aim is to be able to get a new job and support myself. I have worked in an industry for the past 10 years and can not now suddenly find a totally different job/profession. But would like to know my rights. Are these enforcable? My colleagues have gone to comeptitors and have not been pursued, however I have been told that the restrictions have been posted to my new employers. Which has not happend to my colleagues who left. Any help apperciated. Mariann

I am employed at the moment and have been with the same firm for the past 10 years (since 2002). When I was employed 10 years ago they asked if I had any health problems and I told them that I suffered from crohns disease. Everything has been OK up to the past couple of years. For the past couple of years I have had alot of problems with my health, I have been off sick with my crohns disease, been diagnosed with diabetes and depression and also diagnosed with migraines and just recently I have been off for the past 6 weeks with breathing problems and headaches due to being diagnosed with sleep apnoea. To cut a long story short my employers have had 2 different medical reports from my doctors and hospital consultants and they wrote to me in June saying that they were satisfied with the medical reports that they had received. What I am concerned about is that over the past 2 years my employers have been taking work off me and giving it to some other employee. In February 2011 the firm was told that we wouldnt be paid our wages for being off sick anymore (even though they had always done so in the past) and that we would only now be paid for 25 days and any time taken off over that would be just SSP. In March 2011 I was told that 2 of my jobs (recording holidays and sick time for employees) would be given to the accountant to do, in June 2011 another job was taken off me, namely updating of the company website and in Sept 2011 being in charge of updating the company computer updates was also taken off me. I am currently off sick and a fortnight ago whilst I was off I found out that my job of ordering all the stationery for the offices has been given to someone else. I have a feeling that they are slowly taking my jobs away so that they can get rid of me. Anyway my question is surely this is a breach of contract. I have a written down job description and I have not been consulted in any way about any changes to my job. The firm have automatically given the jobs to someone else. I havent said anything in the past because I was told by one of the partners in no uncertain terms that its their business who does what job and it has got nothing to do with me. I have been looking up on the internet and I feel they are breaching my contract. Would I be able to claim for constructive dismissal if I left and went to an employment tribunal. Any help would be appreciated. Regards Sandra

Hi all, I'm currently receiving income based ESA. Today I've received a letter from my employers stating that due to my ill health my terminated (this is not unexpected and in fact is a bit of a relief...) and that I will shortly receive a months wages in lieu of notice plus some accrued holiday pay. I'm worried now about how this money will affect my ESA. Will my ESA reduced for a time, or stopped completely? Will I have to make a brand new claim and go through yet another torture session with Atos? I've done a great deal of googling and not been able to find out much - the only concrete information is relating to new ESA claims, not existing ones like mine ..... Am hoping that someone else on here been in this situation and can let me know what to expect... Thanks...

Hi If you work part time do you have to tell your employer that you have a second job? Thank you.

Hi guys,I've got a few PPI cases going one of which I have won & will give details on later BUT the same letter which got me a positive result (through MBNA) ) have also been refused with a different lender/insurer Santander)so I'll post the negative first as I may need to clear these hurdles in future and it seems pointless to get people copying details of my good result and ending up in the 'poo'. First things first my claim is based on the fact that I am an insulin dependent Diabetic of 34 years so I had a pre-existing medical condition and would not have been able to claim if problems arose through this.If you don't suffer from any such condition then you may be best stopping now, if you do read on (be warned its a long one) My claim letter is as follows - Dear Sir/Madam,Account : Debenhams xxxx xxxx xxxx xxxx I took out a Debenhams store card in . . . . . . . . . . . . . . . . .It was closed in . . . . . . . . . . . . . . . . . . . . . .. At the same time, I was sold a payment protection policy. I believe I was mis-sold the insurance policy on this card. I have a longstanding medical condition but your staff did not ask me about my medical history. I was not warned that previous medical conditions could be excluded.I am an insulin dependent Diabetic and have been so for 34 years. Therefore, under the terms of the policy, I would not be covered if I found myself unable to meet my credit card repayments. Your salesperson did not point out to me that I would not be covered by the policy. If they had done this, I would not have taken out the policy.Companies selling insurance policies must make sure that the policy they are selling is suitable for the customer's needs. The policy I was sold is quite clearly unsuitable for me because I am a Diabetic and have been for 34 years including at the time of my application to open this account.I now contend that I was mis-sold this policy. I claim back all the premiums andInterest I have paid in connection with this payment protection insurance policy plusStatutory interest at 8% (or whatever other rate the courts might order) from the firstpayment that I made until the date of your settlement of this claim.I would like a reply as soon as possible but, in any case, within the eight weeksallowed for responses to complaints by the Financial Services Authority.yours faithfully TenMen10On the 9th May 2012 I received a (very quick) reply -Dear Mr TenMen10Thank you for your letter received 18th April 2012. I understand that your complaint is regarding the mis-selling of PPI.I can confirm that PPI was applied when you opened your account in store on 22nd February 1997. I have enclosed a copy of the Credit Agreement for your reference, which shows that you have requested insurance.I can confirm that on the agreement you signed it required you to tick if you required the PPI, which you did. Therefore it appears that it was made clear that the policy was optional and that you elected to take out the insurance.Once a customer has decided to take the product, a policy summary and policy document is mailed to the customer to review. We also offer a 30-day no-quibble guarantee wher the product may be cancelled, and any premiums refunded (subject to no claim being made). This allows time to compare the policy to that of any other insurance companies.Since you opened your account this insurance has been showwn on all statements, when a balance has been outstanding and could have been cancelled or a claim made at any time.As to ascertaining personal information from the customer to determine their suitability, this is not an advised sale onder the FSA's ICOB regulation. We have always given the details of the policy and let the customer make an educated decision if the policy is suitable for them.In your letter you have advised that you were no asked if you suffered fron a pre-existing medical condition. However pleasse understand that having an illness prior to the the cover being taken does not exclude you from the you from the insurence this simply may mean that you cannot claim for this condition in the furture. This info is clearly detailed in your policy, additionally this is the only one aspect of the policy and you would have still been covered by other benefits of the insurance. Whist I can appreciate that this may may not be the outcome you were expecting, I trust that i have addressed all opf the issues all of the concerns that you raised. If you remain dissatisfied you may refer to the FLA (eic etc)............. Now, assuming you haven't nodded off yet do any of you guys reckon I'm worth continuuing?It seems a pretty thorough reply and I must admit covers everything. I've had a look around on the CAG and other site and I'm chasing my tail a bit and ready for giving up.Advice??

If an Employer refuses to give details of documentation that's relevent to a case, can an Employment Tribunal issue an "order of discovery" to make them release the information if they think it is relevent?

I recently received a letter from my former employer stating that they understood I was dealing with former clients, stating I should sign an undertaking to desist as I was in breach of contract. I work in a specialist field, and although I did make it known I was moving to work with another company, it was in an area which although similar, is different in the fact my former employer does not have the expertise or the equipment that the new company does. I was contacted directly by the client and asked if we could perform the task. I of course replied we could. This is an organisation who does not directly use my former employers services any more - the contract expired July 2011. The covenant restricts me to working with clients or former clients within a year of leaving my previous employer. I left in May 2012. I have taken legal advice - which has cost over £500, and my solicitor states that a firm rebuff should suffice and it should not go any further. If that is the case, assuming the matter goes no further, am I in a position to put a claim to my former employer for costs incurred as a result of their action?

Hi I please need some advice if possible. Last Saturday I received a letter from the Jobcentreplus stating my Employment & Support Allowance Contribution Based (ESA - C) has been stopped due to the 365 day limit. I started receiving this benefit last December after switching from Incapacity Benefit. My query is this. This is the first time I have heard this benefit has been stopped. Is there some kind of notice period? I haven't received ANY notification that the benefit is going to stop, it has simply stopped! It couldn't have happened at a worse time as the kid's are going back to school next week, all my Direct Debits are due and we need food shopping. I am having to sell an old car I had on the drive which I was keeping for when I return to work just to survive the next couple of weeks. After speaking with the Jobcentre they said they would send form ESA 3? No indication as to what this is. Is it a reassessment form does anyone know? Do I need any Dr's certificates or anything like that? What a mess. Also my wife is thinking of claiming Carer's Allowance for my Father. Does anyone know if Carer's Allowance will affect my Claim for ESA Income related? Thanks. Tom

Having been unemployed for 4 years, racking up some debt, and being depressed as buggery about it all. I've decided to give self employment a go through a grant from Princes Trust and Business Link. All is going well, and I'm in the final set up stages, just waiting to have the business plans approved. Before I do 100% commit though, I need to know how Working Tax Credit and Child Tax credit are affected, does anyone know? Right now I get £61 p/w for Child Tax Credit, whilst claiming ESA. Obviously, I get nothing for Working Tax, as I don't work. My initial business will only run for 15 hours per week, as I start out. Child Tax, I believe, will be unaffected here... as should be the same with any other benefits, although any earnings would be deducted from my ESA payments (any more accurate info on that would be appreciated) When I move on to doing more days in a month or two, I aim to work 25 hours a week (eventually going to 40+) this puts me above the 24 hour mark for Working Tax Credit. Would I be entitled to it? and how do I prove my hours, what I earn, etc in order to claim it ASAP? Thanks for any help, we've been at a course with the Princes Trust all week regarding business plans, and no one has been able to help about this subject, not even the HMRC rep who was in today.

Hi, The other night I went out for my birthday and at the end of the night ended up in an argument with a police officer. I pushed him and was put in handcuffs and taken to the station. Once there they took my details and gave me a 'Penalty Notice, Penalty Amount £80' for 'using words and behaviour likely to cause alarm, harm or distress' contrary to section 5 public order act. Then let me go. This is the first time I have had any contact with the law. Will I need to disclose this to any future employers / will it show on a crb check ? I graduate next year and am worried that this will now be a permanent stain on my record. Thanks,

I have successfully passed a six month probation period in May (and was informed of it by my manager in July) however, I have not yet received my new contract of employment. Does it mean I am still working under the probationary contract? The reason why I'm asking is I was offered a better job and my probationary notice period was (is?) one week, comparing to a 3 month one after probation. I will be asking for the reduction of the notice, but, just in case they say no, can I just say, "but hey I haven't been given my new contract yet, so theoretically I still have one week?" Not sure if relevant, but I work for a local authority.

Hi guys have you ever came across someone who lied in their application about the job and then unable to pay to the pay day loan company at the end? i left my company in mid july but took three pay day loans AT THE END OF JULY to cover an unexpected tragedy. i know pay day loan companies will find this out that i am no longer employed because they will call me at my workplace and the switchboard person will tell them that i left in mid july. i have pay loans of 400 with speedy cash 150 with money shop and 250 with quickquid. i am very worried that they will prosecute me for lying to them on the application that i was still employed. can this even happen if i call them now and offer them some repayment plans? i can only repay from jan next year

I am helping a friend deal with a claim for unfair dismissal through an Employment Tribunal. He has received a letter from the ET asking him to "set out in writing what remedy the Tribunal is being asked to award". Are they asking for a "Schedule of Loss"?. If so, is there a good template on the internet.

Hi, im new here but have been reading alot...well im just hoping someone might be able to offer some advice... in 24hrs im supposed to attend my case, the problem is that i have asked to agree a time to exchange statements with my ex employer and they are ignoring me??? what should i do? do i still go to the tribunal case if they havnt given me the statements?

I have had my bundle to the EAT returned as they say it is not correct. I followed their rules implicitly when compiling it as they stated in a letter exactly what should be in there. I wrote back asking what it is that they would like removed but they just state that I need to have it agreed with the respondent. The respondent has already told me they want their GOR in there (more paper) though the EAT did not say it should be in there. I have absolutely no idea what is wrong with my bundle as everything the EAT said to include I did. The EAT letter states that I must get the respondents agreement to the bundle which I find rather odd as the ET bundle was never agreed with me. The EAT also state that the bundle is over 100 pages which it is but what do I take out if what is in there is what they asked me to put in there? So my questions are Why does the bundle have to be agreed when they did not ask me to agree the ET bundle? What do I remove if everything there is in accordance with their directions and their letter?