Showing results for tags 'employment'.
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Hi I have worked for the last 8 years or so with constant lower disc problems and constant back pain which has been diagnosed via a MRI as DDD, I recently plucked up the courage to go for a PIP assessment to which I have just received a letter back stating that I am entitled to pip payments so I have managed to reduce my hours at work, trouble is I have recently had to go off work again due to a trapped nerve and in agony, on diazepam, tramadol and co codamol and consultant said this will unfortunately keep happening as my back is so weak, all I did was cough in the shower and something in my top left buttock just went AGONY! trouble is already on a capability warning at work for time of in the past with back related problems and now off again, so I have no doubt I will now receive either a final warning or even worse get sacked! been their 15 years and never once been late, I want to work, I have literately crawled into work sometimes when I should have not been their, always done my job, but not in union, any advice please would be welcome. Tinks
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Disability discrimination claim. The Respondent is producing the bundle. I have sent them my index of documents with each document very efficiently named and dated for clarity, relevancy and easy navigation. The Respondent completely renamed all of my documents within the index to make themselves sound good and to make my documents difficult to find seem extremely confusing, sound irrelevant and also to contain repetitive document names for less clarity and greater confusion. Some of the names of documents they’ve renamed do not reflect the contents of the documents in any way whatsoever and even I can’t navigate between the documents due to misleading names in the index – it will be even worse for the judge who will not be as familiar with my documents as I am. The Respondent also changed some of the dates, merged separate unrelated documents to reduce impact and deliberately put them in an incorrect order, which does not accurately reflect events. For instance, if I quickly need to find my x-ray taken at A&E I would not be able to do so with the way they altered the bundle as the Respondent merged my x-ray with a different document and this particular x-ray is not even listed on the Index of documents. This is wrong. You would really have to hop around the bundle. Most important documents have been put to the back of the bundle, some have been removed. The Respondent went out of their way to make it impossible to get to my documents while left their own very well named and easy to navigate between. The Respondent even renamed documents to make themselves look good and the Claimant look bad. They even changed words like “Medicines” to “Drugs”. The Respondent totally skewed it. Is the Respondent allowed to rename the documents listed in the Index of Documents I submitted and make such changes for deliberate misrepresentation? Also, is the Respondent allowed to remove documents? The Respondent has missed the deadline for the bundle by several weeks now, added additional documents as to what was on their list of documents and also presented the bundle to me (Claimant) by email (in digital form). Can they do this? – The order says it has to be binded. Any advice would be greatly appreciated. Best regards x -
I'm newbie here and I'm sorry if I'm posting this in the wrong place .. I'm an employee and I took a legal action against my employers in front of the employment tribunal. I lost the case and I have to pay their cost which is £60,000. I have been unemployed for several years so far and I don't have any asset to pay at all. I know that one of the options is to declare myself bankrupt but I want to avoid it if possible as it might have a significant effect on my future employment I know that if you can not pay in the Civil Court .. you have to fill N245 form which is an application for suspension of a warrant and/or variation of an order .. and then the judge will decide how much you can afford to pay and vary the order to fit your circumstances so you can pay in instalment Is there anything similar to that in the employment tribunal? -
Hi People, Is there anyome who could give me some advice as to what benefits i may be entitled to ? I was on longterm sickness for about 10yrs but after one of those Atos medicals i was told i'd have to sign-on at the JobCentre, that was last October. The girl i've been seeing has been very good and put very little pressure on me, she looks after those with a medical problem which makes them have a reduced chance of finding work. I've been on a Computer Course this last month, the second one i've done to improve my job prospects but other than sending me on those things, i've have been Ok. She has said i'll only get this special treatment for 12mths though and come next October i'll be getting transferred to another advisor and they could almost force me into any job; send me to work experience ....... (does she mean working for the £shop for free ? ). Or even sanction me. When i went to sign-on today she told me from next time i'd be seeing a different advisor so should expect he may send me on a Work Programme. I feel i'm quite lucky, i'm 62 and from next May all things being equal i should be able to claim Pension Credit and leave the worry about getting sanctioned behind. In the meantime rather than be forced into unpaid work i wondered could i find something to do Self-Employed. Could i get the New Enterprise Allowance for 26wks ? Could i get Working Tax Credit ? I get the lowest rate of Dla at the moment, so would this allow me to apply for the disability element of Wtc ? Maybe if i was working 30+ hrs i could get the extra Wtc for that. Sorry for the long message, i'm just playing with ideas for what may be. Thanks. -
I am really hoping someone can advise me here on the procedures for dealing with the following. I am the claimant and the respondent is disputing the majority of correspondence under S111 of Employment Rights Act. However, the Respondent does refer to this correspondence all the way through their particulars of response and is fundamental to my claim. I understand that S111 is not applicable in discrimination cases. My question is how do I go about getting this included in the trial bundle. I presume I make an application to the Judge to rule on this. I want the correspondence included as it clearly shows that the Respondent is lying in their particulars of response and is crucial to my case. -
Hi guys hopefully you can help me, briefly and to the point I'm having some concerns at work. My main concern is that I'm doing a role which is additional to the one I am contracted to do. I'm contracted to improve business development chiefly through tendering, of which I'm achieving and there is documented evidence of. However, my MD has since delegated another role/responsibility which was previously another colleagues role/responsibility but he has said that my performance in this area is not good. This is fine, everybody makes mistakes, but what he doesn't appreciate is that my main role takes a considerable amount of time and paying the same focus/attention to the new role/responsibility can be difficult. With this in mind, he give me a telling off which I feel is his version of a formal verbal warning, but I received no written confirmation advising of that this was the case and no one else was present. So the questions I would welcome answers to are: Can the "telling off" be considered a formal verbal warning and does a witness need to be present? Can I be dismissed on grounds of performance/capability for a role/responsibility I'm not meant to be doing (I've documented confirmation of this from a Director's email outlining individual staff roles/responsibilities) ? Lastly and perhaps irreverent, my contract of employment/payslips is with a separate company within the group, of which the work I do is a different company within the same group. Is my employer breaching my contract or if worst came to the worst, could I argue this point? All answers/feelings on this would be much appreciated. Ohh I have been employed for 16 months now. -
Afternoon all I'm hoping someone can help me advise a friend with an issue he has at work My friend is employed as a civilian within the emergency services. Recently they have been under a review, this subsequently resulted in a re structure within the department. My friends job title has stayed the same but the name of the unit changed. They were told to sign new contracts or accept redundancy. This new contract was at a lower pay scale losing them a few hundred pounds per month. Contracts were signed to stay in employment but stated as accepting under protest. Their role profile had 3 duties added to it (things they don't do and have received no training for), in fact the role profile and summary of duties are 95% the same as before. Due to the restructure of the department the role was classed as a "new" role; due to it being classed as a new role (even tho the exact same duties are carried out as before) the review team and the HR department are saying there is NO right to appeal the decision. My friend is wanting to submit a fairness at work grievance as they have not been allowed to comment or input on the entire process (despite being told they could, their job has even been re-evaluated by people who do not understand the complexity of the job) Can anybody offer any guidance or advice as to the legalities surrounding this scenario and what route to take for a grievance against their employer Cheers Fore_right -
Hi, I am new to this forum, this site was recommended by a friend who has had help with employment issues so i am hoping someone can help. I will keep things short and straight to the point, please feel free to ask any questions. I was offered a job several years ago which i accepted for a specific job role. 11 months into my job both myself and a colleague were offered new positions within the same company, this new position was different to my previous position. I accepted the offer however no formal interview was carried out and no formal contract was offered with no pay rise. 11 months into this new job role i was finally offered a contract with a salary increase. A verbal agreement was agreed with my line manager that i would recieve a further salary increase after i signed the contract, although this was not stated in my contract. A month later my colleague resigned and left the company, i was only person left in my department. For 6 months i was left to peform two job roles (different job titles but responsibilities broadly very similar) until a replacement for my colleague was hired. The replacement was offered a higher salary than my colleague, and a lot higher than my salary. When both jobs were offered to me and my colleague, the job specs were written so that if one was off ill or on holiday we could cover each other. As per the verbal agreement i questioned the pay rise, i was given half of what was agreed. It has been 4 months since the replacement was hired and due to losing trust in my manager and doing work very similar to another person who is being paid more left me feeling down. This caused me a lot of stress, i sent emails to my manager to discuss this but he has not responded. I have been offered no career development opportunities or any fair performance reviews. I have now found another job and i am currently working my notice, after looking on various job sites i found my job advertised elsewhere for a higher salary. This may sound confusing so please ask questions, i just feel really let down as i have worked very hard at the company only to be left feeling i am being pushed out.
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I have been offered a full-time freelance role with a creative company in a field I want to work in. But as I'll need to make major sacrifices for it I want to be careful. So would anyone mind clarifying what effect these clauses could have in future, and whether or not they are standard/acceptable? Thanks so much in advance if you can advise (Omissions have been made to keep this brief) [The Contractor] waives their Moral Rights ... in respect of any acts of [the business] or any acts of third parties done with [the business]'s authority in relation to any copyright works produced wholly or partly by them in performance of their duties. Any inventions, writings, designs [etc] made by [the Contractor] individually or jointly, during their engagement by [the business] (or within two years before that time) that can be used in any business of [the business] must be disclosed immediately. [The business] retains full rights to use any such material in any of [the business]'s services. [The business] shall have the right to make the Contractor's services available to third parties and the Contractor will co-operate fully with, and follow all lawful directions and instructions of such third parties. - [The business] shall be entitled to use and authorise others to use the name, likeness, photograph and biographical material of the Contractor in connection with the advertising or exploitation of any project to which the services relate in any format and in any and all media. - The provisions of this clause shall survive the termination of this Agreement for any reason. -
I recently received an offer letter for a new job. One of the stated terms of employment is: "You may be required to work flexibly and/or additional hours may be requested for the proper performance of your duties for which you will receive no additional payment" This role is salaried as opposed to hourly pay. Is this a statement typical of salaried positions or is it something more ominous? My primary concern is the 'additional hours may be requested' part - since it is a request does that imply that I can decline the request? -
Hi there, I hope this is a good place to put this question. Long and short of it: I was offered a season ticket loan which has been paid out of my salary each month. I am now leaving my employment on (until now) good terms. There's approx. 3 month left on my season ticket loan. I have asked to pay the remainder back via standing order over the remaining 3 months to make it manageable. I asked on the 8th June. I received a response on the 22nd saying the following (I've 'anonymised' the email, and rounded the monetary figures to the nearest £5 for anonymity as well.): Some other factors: 1) I never signed any documentation regarding the above loan 2) This will leave me without salary for 2 months 3) I've considered the option of getting a refund on my season ticket from the train company and use that money to pay my employer back. However - because of how the train company sorts discounts I wouldn't be refunded the full amount, so would be out of pocket by at least a few hundred and, more importantly: I know from my partner getting a refund recently, the train company can take as long as six weeks to sort out the money back. As such, not only would I be without a train ticket for a month and have to find MORE money for travel to London, I'd still have no salary for living/bills etc. So that's not really an option. If they deduct my salary in the above mentioned way, it will leave me in a situation of substantial hardship. Am I able to do anything? I'd be very grateful for any help!
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I'm looking for advice on how best to deal with the problems I'm currently facing with my employer. I started working for this small company full-time in February of this year, having previously worked for them for a short spell in 2012. I was glad to be asked back and the first few weeks went fine. After a period of absence due to illness (one working week, monday to the friday, unpaid) I was told in the March that I still had a job but the terms of my contract had changed, and I was now on a temporary "zero-hours" contract for 4 weeks, after which I'd be put back to my normal "full-time" contract. They were still allowing me to take my weeks planned holiday in April but now I'd no longer be entitled to any holiday pay. This was all put to me verbally. I've never seen an actual contract at all in all my time there, and requests for written confirmation of any of these changes or to actually see the terms of my employments are met with replies of "I'll look into it". Fast forward to two weeks ago. Under the impression I'm now a "full-time" employee, the police roll in looking for me on a Thursday morning to tell me my dad unexpectedly passed away. Cue more unexpected time off work dealing with the shock, planning (and attending) his funeral and trying to sort out his estate. By sheer bad luck I'd had another few days holiday arranged the week of the funeral (authorised back in February), so I've been absent for about 2 weeks now. While my employer seems to be understanding that these are circumstances out of my control and allowed me time off work, I haven't been paid for any of it. Not even the two "holiday" days. Feeling utterly shafted. I know little about how leave due to bereavement works, so I wouldn't be surprised if this is correct and I'm not entitled to anything. But surely I'm entitled at least to holiday pay? They can't just keep changing the terms of my contract to [problem] me out of paid holidays can they? I'm getting increasingly frustrated. I have little choice but to return to work on Monday. I have little mouths to feed as well as my own here. But surely they can't keep getting away with treating me like this? Are they not obligated to notify me of any changed to contract in writting? Why don't I have a copy of my actual contract surely I have a right to see it? I hope someone can help. No idea where to start. I've wrote to citizens advice only earlier tonight but their opening hours clash with my working hours, so actually attending their local office could be problematic. Please, does anyone know where I should start? Feeling utterly shafted. Thanks in advance. Bert -
I took a job 6 months ago that is not working out as expected. I now want to leave, but am concerned about a clause in the contract that might leave me liable to a large amount of money. When I joined they agreed to pay me a draw paid out over 6 months that is recoverable against year one commissions. There is then a line that says if I decide to terminate my employment with the Company before the amount has been recovered, then I will be required to reapy this amount in full. Does this mean that I am handcuffed until I earn commission to cover the amount of the draw, and is that just for the first year, or perpetually ? Any help you can offer me would be most appreciated.
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Hi all, rather a strange post so please bear with me. Today I had a 3 hour long final assessment as an admin assistant and got offered the job after my 1 on 1 interview at the end. I was called away to the interview when I was inbetween filling in all the forms. When I finished the forms, the another lady who worked there (not the one who interview me) looked through my forms and said I need to provide proof of the last 3 years of my benefits. I was a carer for my Gran up until Sept 2014 but was getting Carers Allowance up until August 2012. The Carers Allowance stopped due to my Gran being in hospital so much but I still carried on being her carer even though I was claiming JSA. In April 2014 I started to claim ESA as my Grans health began to deteriorate and she was in and out of hospital again but I was still her carer. My Gran passed in Sept 2014 and am signing off ESA now as this job offer has really given me the boost I needed and that I never thought Id get. My question is, why do I need to provide this information? How do I go about providing this information? From the DWP? I didnt even know I could get this info. -
Hello I need some help regarding the above for my daughter-in-law. Facts first; Seperated from my son Claims ESA Support Group CB DLA Low Rate Care & Mobility Working and child tax credits Two children, 1 of which receives higher rate care and low mobility Registered as self employed - working 18 hours permitted work for £20 per week, cannot earn more than that due to ESA rules. Please do not judge, I am stating the facts as they exist and please note, DIL has been allowed to claim these benefits for a number of years but has recently found out that WTC rules due to be made this month, that WTC will need to see she is working for the NMW, which of course she cannot do, just earning £20 per week for self employment and also would need to provide details of her earnings - no records have been kept due to mental illness, just calculated at £20 per week over the year. Fills in self-asssessment every year, declaring her income and taxable ESA, totalling over £7K per year. So my questions are what can she do regarding these new rules, does she no longer claim ESA, should she stop the ESA claim now and lose approx £460 per 4 weeks? Or wait for HMRC to ask her to prove her income and hours worked, which she does not have? And then lose a large amount from WTC & CTC? A couple of years ago she had a compliance check and was totally honest about her living alone with just her 2 children, her work and her benefits allowance. At no point was she asked for records about her employment, she sent proof of bills, bank statements etc. She is now more mentally unstable and I am trying very hard to help her, but she has stated that if her WTC was to be cut, she would harm herself. She has an appointment with the GP on Wednesday. She has previously had care from a CPN. I don't know where my son is and neither does she. She is vunerable and I need some help please as I am not sure what best to advise her. Please don't judge, the system has allowed her to claim these benefits and I can personally vouch for her self employment, she is up all hours of the night doing her self employment, incuding the early hours of the morning as she just cannot sleep. She also cares for my grandson during the night as he has frequent 'accidents' whilst sleeping. I have tried to research these new rules, it stated somewhere that caring for another person can count as work, so she does that, but how would she say that as she is not getting paid for it. If she loses her WTC, she will lose her house and to be honest, I am scared what she will do.
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According to Government information on Universal Credits, you have to be "between 18 and 60 years and six months" to be able to claim UC and not be self-employed (amongst other critieria) I wonder if this means that the Government's new draconian measures regarding minimum wage being introduced to penalise the self-employed who are on low income and claiming WTC/HB/CTR won't apply to us oldies? (Those over 60 yrs and 6 months of age? I'd be interested to hear your thoughts. Impecunious! -
Can anyone tell me what evidence to gather for this? This is not for me but for a member of my family. Having worked for four years the union is happy to take it forward but we would like to put as much information together as possible and I would like to be as helpful as I can. -
A chap I have known for many years is having horrendous problems with Royal Mail as an employee. He has been subjected to a breach of contract and unlawful deduction of wages. The internal grievance procedure has been dragged out by the employer to such an extent that it was about to become timed barred. To instigate a claim through the Employment Tribunal service has to be done within three months less one day. He transferred to northern Ireland a few months ago. Royal Mail solicitors want nothing to do with ACAS. They are saying it is out of their jurisdiction as Ireland has its own version of ACAS. They also have Industrial Tribunals instead of Employment Tribunals My question is: If a company such as Royal Mail is registered as a company in England, 100 Victoria Embankment London, that company provides postal services to Northern Ireland as part of the universal service Obligation, Why is ACAS and our own Employment Tribunal Service not handle this as jurisdiction. From research this only applies to companies Registered in Northern Ireland, not the main land Is this correct or are Royal Mail Solicitors in Northern Ireland just Bluffing as to jurisdiction. They basically told ACAS to "Bog Off" ACAS have now issued the Early Conciliation Certificate so the clock is now ticking -
I am moving to Belfast within the next seven days and I am on income related ESA for the last 12 months. Moving in with an ex= work colleague with a house, (Granny Flat) no stairs Two weeks ago I had the second dreaded Atos interrogation, waiting for the brown envelope. When I move will I have to make a fresh claim from scratch as to ESA or is it transferred over. Are the ESA rules the same for Northern Ireland as on the Mainland I am on housing and council tax benefit as well due to my disability
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Hi, Is there a way to tell if an employment tribunal judgement has been made in default? I took my ex-employer to the ET, and, long story short, got a judgement for unlawful deduction of wages success. I was not requested to attend court, and heard nothing more on the subject for a while until I received the judgement in the post. It just says "JUDGMENT, The claim for unlawful deduction of wages succeeds and the respondent is ordered to pay forthwith, the sum of £xxxx.xx to the claimant. After the fourteen day of "interest free" deadline had, passed. I chased up the respondent for payment, who then claimed to be unaware of it. He subsequently wrote to the judge asking for the judgement to be revoked so he may submit a defence, claiming his registered office had moved address since the beginning of the ET procedure and he did not receive the court papers (response pack etc.) as issued by the court. The judges reply was essentially no, as the correct procedures had been followed in serving the documents. However, the respondent has since informed me that he is applying for the judgement to be set aside. Investigating through the likelihood the judgement will be setaside, it seems that not receiving the documents alone, is not sufficient reason, unless the judgement was made by default due to this. (he had not updated his registered office with the court nor companies house, and only moved address once the et process had begun) A) what is the likelihood of the judgement being set aside? B) How can one tell if the judgement has been made by default? Cheers -
I am interested to hear from anyone who has experienced any of the following or like events in Employment Tribunals:- 1. Rudeness, or conduct of any Panel Member that was not to a standard that the normal employer or employee is entitled to expect 2. Witnesses being called into the hearings to hear other witness evidence or any part of the trial. 3. Legal Representatives having conversations with Panel Members before the the case is started 4. Failure of Panel Members with the appearance of a connection or interest in the case not stepping down 5. Experience of complaints to the Regional Judge of Employment Tribunals or JACO 6. The quality of the Written decision as a true reflection of the actual evidence actually given whether or not one agreed with the person giving the evidence. Thanks
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Hello everyone, i am currently in a very worried state. Today i was banned from asda for shoplifting. They took me to a quiet room on the side with CCTV which they said took my picture. No Police were called, they simply made me sign a form stating that i was banned from all ASDA stores. They took my student ID and i assume they wrote down some details from it, and told me that my university would be notified of what had happened. The goods were returned to the shop and i offered to pay for them anyways, which the manager declined. I remained very appologetic and cooperative during the whole ordeal. The total item value was £13. For which i only paid £0.70 at the self checkout by falsely weighing it as a different item. The £0.70 was obviously not refunded to me. I am now very worried of the following: -That i will be expelled from my university course. -That it will have an impact on future employment due to criminal record. -Will i be fined (by the RLP according to other articles here?). They asked me for my address but i only gave them a basic street of the student flats where i am living now. They said that it wasn't showing up, i then gave them the postcode for the area which i am unsure the lad even attempted to write down, and it is a pretty large area that the postcode covers. So overall, i am somewhat positive that they dont have my address. I have learnt my lesson and i will never again do anything like this in my life. I am absolutely terrified. I would appreciate any advice or counsel that anyone here could provide. Thank you. EDIT: I have just read that ASDA uses a company called Drydens for their civil recoveries, but i am still unsure if it will apply to me? -
Hello everybody I am in the process of going through an Employment Tribunal at the moment, due to geographical factors I am unable to get legal advice ... I live in Scotland and the ET is in England! The ET is for disability discrimination dyslexia & depression brought about by lack of adjustments made. I an also claiming unfair dismissal. It is a complex case that goes back to 2008. I'm not doing too bad with the proceedings as the ET are very helpful, but there are a few things they can not help with! if anybody out there would be willing to share their knowledge I would be extremely grateful Many thanks in advance
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Hi all, Hoping someone can help me here.. .unsure if I can claim against unfair or constructive dismissal due to the timeframe etc and am seeking advice on what to do and where to go so here goes.... I dismissed from an employed back in August for what they have described as gross misconduct. We worked in a sales environment and from their side they believe myself triggered a commission payment to a junior member of staff deliberately. I did not accept this claim and they dismissed myself but was however offered a lower ranking position where the salary was 5K less and due to the commission I had from my role would total 15K less per year if accepted. There was other incidents in the office where people had done the same and never been penalised and feel this was mainly due to the fact I had 3 weeks off. Senior members of staff including my line manager often let us change "files" into other members of staffs names to ensure they hit target so to me this was quite the norm. We worked in a heavily commissioned sales environment and quite often were tasked with doing junior members of staff roles, telesales etc and this impacted heavily on our commission also. In the May/June I was signed off sick by my doctor for stress and anxiety due to work and a marital split and was continually told by my friends who I worked with/colleagues that if I did not return to work after being signed off I would be demoted on my return. I decided to return after sick leave and was then confronted with the fact my targets were now increased (along with 2 other members of staff) over and above everybody else in the office and having 3 weeks off I was never going to hit these targets and miss out on significant commission payments. I was offered a lower salaried position but declined for financial reasons and the fact I had time off sick and was now even more worried about my job and home etc and felt due to this claim being brought against me I had no choice but to decline their offer of employment and to leave. I worked for the company for 3 years but had 2 breaks from the employer, once in year 1 after 6 months and after 20 months for various reasons including the company threatening to withold commission payments. Any more Q's please feel free to ask - I know I may have missed the deadline to claim but this is now impacting me on future job applications Any help would be greatly appreciated. Thanks -
Hi its the first time i have used a forum hi everybody i am currently on esa and have £4000 in savings can i spend the £4000 i already have on what i like or do i have to account for what i spend it on thanks
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