Showing results for tags 'employment'.
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Hi, I have a rule 3(10) hearing at the EAT and have two weeks to prepare bundle and skeleton arguments,PLEASE can anyone help?
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Afternoon everyone, Just a question really as follows: I was made redundant 31/07/2015 and followed all the correct procedures. Went to employment tribunal and won my case, which was not contested. Recieved my judgement order on 18/03/2016, which has not been settled. I found out that my previous employer has since closed the business and as of yet not legally gone bankrupt, called in an insolvency practioner nor liquidated the company. I applied to the insolvency service which is going through now and I received a letter saying that they will pay the redundancy as per employment judgement order and then go after my former employer for the monies. I was awarded the judgement for redundancy along with a calculation date of 8% simple interest payable on a day to day basis starting 01/04/2016. So my question is will I get the interest that has occurred or just the statutory redundancy payment. Many thanks in advance -
Good afternoon Everyone, Hopefully someone could help/advise me with a problem I am having with my former employer. I recently resigned from a part-time job working for a well-known Housing Association as they weren't paying me in full for the hours I worked (among other dubious issues). My job started 20th January 2016 and I worked exactly half of my monthly contracted hours between my start date and 31st January 2016 - over four days/shifts. I therefore expected to be paid precisely half my contracted salary (salaried, not paid hourly, unless claiming overtime, which was calculated using an hourly rate). Using the assumption that I would receive half my monthly salary, I was underpaid for January in February's pay. Then, in March, they deducted even more money and claimed that they had overpaid me for January, when I believe the opposite was the case. After numerous emails and telephone calls, staff from payroll claimed that they had initially calculated my hours (15/week) over a 5 day period (3 hours/day), which is what was paid in February's wage. They then said that they had recalculated my hours over a seven day period (2.15 hours/day) hence the deduction in March's pay. However, I actually worked 2 x 7.5 hour shifts = 30 hours - contracted to work 60 hours/month – I have copies of the email from payroll outlining how they calculated January’s wage, copies of my signing-in sheets, copies of overtime sheets showing my working patterns and rotas before I left. As is stands, I have been paid approximately £4.25/hour for the hours I worked in January. After two months of trying to get them to pay me correctly (and among other issues, such as lone working without backup with potentially violent clients) I resigned. Before resigning, I also raised a Formal Grievance and received no response. I am going through the Early Conciliation process with ACAS, but I'm scared of the potential costs and/or risks (i.e. potentially paying their legal costs, they have a huge legal department!) involved taking it all the way to an Employment Tribunal. The Housing Association suggested that I accept two-thirds of what they owe, but I requested to be paid in full. The ACAS conciliator didn't seem too pleased that I didn't accept the offer, which worries me. Someone has also suggested that instead of taking them to a Tribunal that I could take them to Small Claims court instead. I suppose my queries are these: 1) Does it sound like an ‘unlawful deduction of wages’? 2) Does it look like I have a good case for an Employment Tribunal? 3) Would it be better taking them to Small Claims to lower my risks/be more feasible than going through an Employment Tribunal? Could someone be kind enough to impart their knowledge of such matters please, I would be greatly thankful. I hope I've provided enough information, if not please let me know (and apologies if I've gone on too much!). Very best wishes, Ammy -
Good Evening, Am so confused and stressed. I am registered self employed and was in receipt of WTC until Nov 2015 when I became a full time carer for my son who sadly died in February this year after a very courageous brave battle against a brain tumour. With the support of my clients I have decided to return to the jobs. I have not had any issues claiming WTC before now but upon applying this April I have had a phone call discussing if my self employment is 'commercially viable' and being advised that 30 hours worked would be assumed at the national minimum wage. Is the 30 hour working week for WTC still classed as billed work and business allowed activity? Initially I estimate I will earn approx £75 per week after expenses . I am uncertain whether I should go ahead with the WTC claim based on those earnings? (assuming tax credits will work that out at £2.50 ph and then suggest business is not viable and de-register me ). Can self employment be classed as not commercially viable if no tax credits are claimed? Or is this a penalty for claiming tax credits! Am thinking a claim for universal credit will not be worth the while and I need to be available for my self employment and would not be available for work . and from my vague readings once again there is an assumed self employment income basic of 30 hours x national minimum wage before any award. Could I just claim housing benefit as on a low income ? If I have to live on the breadline so be it, but I cannot stand the thought of losing my home Am trying so hard to be independent . With all the past years trauma and sadness and now feel I am stuffed as far as benefits/self employment. Sorry for rambling but any help/advice would be so much appreciated.
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right , this sounded easier in my head than it is to type but here goes, im considering representing a few friends to a tribunal over the treatment they had dealt with , with one employer and his wife. I have a good knowledge of employment law but id like someones elses opinion on just how far this could go.its really bad employer behaviour within a public house. 1st case is a young lady aged 22 who was indeed contracted however was not given national minimum wage. she was only paid £5.20 per hour. she worked there for approx. 6/7 months. 2nd case is two close friends who worked there as a cleaner/bartender on the side. wrong on both sides I know but heres the story....they worked for a mere £5 an hour no contract no terms etc then they were told by the employer and his wife that they were being "let go of" (after working for them for two years each) even worse, they claim the employer made them write a formal letter of resignation out of pure intimidation. the reason they were "let go" was to make way for a young enthusiastic experienced individual and his girlfriend who were promised good managerial jobs and promised to move into the flat above the pub while the employer and his wife moved abroad. 3rd case is the enthusiastic individual and his girlfriend. he had the contract of manager, was paid accordingly, then when the employer visited they decided the pub was not upto scratch and sacked both on the spot also making them effectively homeless. 4th case is the young man who the then manager hired to help behind the bar who was also told to leave. he did not have a contract of employment either. you cant make this stuff up, its absolutely appauling behaviour and yes, I also used to work for them but because I made quite clear my position in management and knowledge of employment law they did not break any law with me, I left from my own accord to run a business. so come on guys verdict on an employment law basis please....... what do you make of this and what cases do you think I should take on ? if not all of them? -
I have been at the same company since it started 3 years ago. I have been presented with around three contracts, all of which I refused to sign due to mistakes in the badly written contracts (out of date law references, conflicting information etc). I have heard that if you continue to work more than 30 days and receive regular payments, then you automatically accept the contract. How does this work for someone like me that has expressively and with reason rejected the contract? -
Hello My daughter represented herself in a lengthy employment tribunal (11 days) over a year ago and she is yet to receive the judgement. She has on occasion e-mailed the ET to see if there is any progress but a year on she is none the wiser and has no indication as to when she will receive it. Can anyone advise if this is normal practice, over a year seems an excessive time to wait. Thank you
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Hi all, i am self employed and am entitled to some housing benefit, once or twice a year i have to fill out a form for the council which is basically a tax return for the council, they call it a self employment earnings form, they do this to make sure i am entitled or not as the case may be. So, filling in the form we get to the vehicle and mileage section and i write down a mileage based on 45p per mile, as HMRC allow on a tax return. I get a phone call from someone at local council to say they can't accept the 45p per mile declaration and they need an actual amount that was spent. Is this right. This would now mean my tax return info and the self employment form info for the local council have different amounts and info as HMRC allow you to claim 45p per mile (for the first 10k miles) yet the council don't allow that as part of there calculations in working out housing benefit. Can anyone advise. Thanks as always -
Hi, I am in the midst of a complex Employment Tribunal. A bit of background: - I am claiming discrimination - Failure to make reasonable adjustments and Discrimination arising from disability - I am self representing - I originally submitted my ET1 with a 'headlines' version of allegations (to fit in the box) - I was asked to expand on my allegations by the Judge at my CMD. I did this and the resulting ET1 clarification is 15 pages long - The Respondent has now conceded that I am disabled The Respondent has asked for a Scott schedule to be drafted, with explanation of which PCPs were applied to me and how they substantially disadvantaged me. I have agreed to do this. My query is : Given the amount of detail that has already been lodged in my ET1, how detailed does the Scott schedule need to be? Do I need to go into detail about how each PCP affected me, and why, or do I keep it brief? I assume that the ET1 is still looked at and is not superseded by the Scott schedule. Is that correct? Thank you for any thoughts. -
I have a query about probation periods. I started employment 10 month ago and was told the first 6 months are my probation period then I have to get signed off. I have still not had letter of confirmation that I have been signed off. Contacted HR and they said that they are waiting on signed probation form from my boss before I can access company benefits etc. My boss has contacted me once over this but did not reply to my email about a meeting. Where do i legally stand in this case? HR said there was no black marks against my name and no reason I should have failed my probation period. Also because I have past my first 6 month I should be fine. Can anyone give me any info?
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Redundancy question - employment law
henry555 posted a topic in Employment and minimum wage problems
The company I work for last Friday informed us five staff from our office were under threat of redundancy. Two production staff and three designers. We were then informed at the start of our 2 week period, that the two prod staff were gone and only two designers were needed. I offered voluntary redundancy straight away which I have only found out today nine days later was refused through an email from our Northern HR, the decision has come from London HR who we have not spoken to or seen. We have been informed our interview is tomorrow (we received a letter today), this will be held by two staff one is our manager who has never used a mac, the other is an IT manager who knows nothing about design or publishing. Why would they do this when they have many more qualified personnel to take the interview in our London office - sorry but just dont trust them? -
(Hearing this Monday)I have just discovered a document that I consider to be admiissible evidence.This was not in the Bundle supplied by the respondent.If possible I want to put it forward.Is their a process to follow,to enable the document to be viewed and used as evidence?
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Can somebody advise on the rules regarding use of a computer for reference purposes during a Tribunal Hearing Thanx in advance
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Hello, I work as a recruitment consultant and I get target based commission along with my basic pay. In our staff manual it states that Employees who resign are not due any commission following their last commission payment Say commission is payable on 29th April 2016 and I hand in my notice on 1st April 2016 (notice period is 1 month). Will I still be payed the commission due on 29th April, as I will technically still be working my notice or not? Thank you for your help. -
Document list - ** WON AT TRIBUNAL **
LizzieJ posted a topic in Employment and minimum wage problems
My husband has a disciplinary meeting next week. Another worker claims he was rude/bullying. Since her complaint, her boss has claimed she witnessed a similar incident "about 6 months ago" but didn't do any thing about it at the time. He has received their statements, however, they have not taken a statement from his colleague who was there nor have they requested CCTV of either incident. They are saying it could be classed as Gross Misconduct but he has not been suspended. Can they use a statement from someone with no evidence other than her recollection of something approx 6 months ago that was not reported at the time? Should they have asked for a statement from the other person there? Can my husband ask for this to be done before the meeting? -
A couple of questions re: Employment
MrNobody posted a topic in Employment and minimum wage problems
Another couple of (hopefully quick) questions. We don't get paid for staff meetings - they are out of hours but only about one hour every couple of months, although it's annoying due to getting there of an evening. Most of our staff are on minimum wage. Due to not being paid, as these meetings are not optional, does this mean this would drop workers under the NMW even if they have signed a contract waiving the right to pay for staff meetings? And... If you ask for a copy of your contract, how long does your employer have to provide you with a copy? Many thanks again for any help and guidance. -
I'm new here & sorry if I'm posting this in the wrong section. I lost an employment tribunal case and I was ordered to pay £35,000 for an organisation and a union, I'm an individual (employee) and I do not have legal representation. In addition, I do not have the ability to pay as I have been out of job for 1.5 years and I have no assets I wonder what should I do? I know that I can declare myself bankrupt but I want to avoid it if it is possible as it will have significant impact on my career. I have no previous experience or knowledge of what can I do and I would really appreciate your help. -
Just a quick question with regards to a new employment contract. I recently changed jobs and I noticed with some astonishment that one clause states it automatically terminates on my 65th birthday. It wasn't mentioned and I didn't ask during the job interview, as I thought I cannot be retired against my will anymore, but my contract states it will automatically end on my 65th birthday. I didn't realize they could do that ? On another note it also states if I wish to end my employment I will have to give three months notice, but if my employer wishes to end it, they will give no more than 1 weeks notice. I also am a bit surprised they can put themselves in a far better position, shouldn't it be the same for both parties ? It is a full time position, 39 hours per week -
Hiya Everyone. I am in a pretty complicated situation and I'm very worried about it. I am posting in case anybody has any advice about this sort of thing. I'm self employed and last week I received a letter asking me to prove my self employment. They want all the details from August 13 to November 13th, and they want these details by December 13th. I work several self employed jobs. As an adult phone operator (Have done since 2007) in May this year I opened an etsy shop, and more recently I have started working on another text chat system. Whats making me so nervous is proving my hours worked and income etc. The hours worked on the phone job each week vary from 5 -15 hours weekly. The past few months the hours I've worked have been on the lower end. I have invoices to send them, but the hours 'talk time' shown on them can be very low. I sign into the other text service, but proving hours worked is actually impossible, I have never received any payment from it as I am yet to receive a single text. On etsy. I've only had 8 orders since may (2 refunded). As you can see I am going to have an extremely hard time proving that I've been doing 30 hours and I am so nervous about this that I just don't know what to do. I spoke to them earlier today and the lady told me to 'just go back on the calendar and write down what you think you've done'.........that really doesn't help. I am just wondering if just having the Etsy shop counts? I mean even though I'm not getting that many customers, does having an open shop count towards self employed hours? The same way it would if I had a physical shop that wasn't receiving any customers? I'm pretty stressed about it. I'm worried they are going to say I haven't been doing the hours I should and fine me/stop my tax credits. Or that they'll want me to come in and see them (I'm a very socially anxious person who finds it hard just going to the shop, so I would find it physically impossible to have to do something like that, especially being question etc) So any advice at all would be amazing at the moment, Thank you -
Does anyone know of any genuine employment lawyers that will do a FREE assessment for no win no fee. All the websites offering this always want an assessment fee which totally goes against the principle of no win no fee! I do however need help as I have a five day final hearing coming up in February.
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Hi all, I've been with my present company for a bout a year now. I understand that a company can terminate employment within the first 2years without a reason but heres the thing; since joining I have had no product training, just told to read the information on our website have had no reviews the man in charge is very negative always wanting to point out where i went wrong rather than focuc on what i did right so this in itself has left me feeling very deflated and lastly one of the reasons i accepted the role was due to the commission, i was advised that i could potentially double my salary....this was based on sales made by the man in charge for his previous years sales out, but his customers were also based within europe not the uk where as my target is uk customers only, so this has sort of left me feeling mislead anyway, would i have a case if they opted to end my employment?
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Does anyone know how to find call centre work that you can do from home? or any other genuine work from home employment??? In North west region... Just can't find any genuine work from home things. Thanks -
Hello, is it true that the HMRC can give a statement of employment record if requested? I have found the address of the Record Retrieval Service, but it looks like this is only for compensation claims? Would they give me a record for any other purpose? And would that cover also periods on benefits? The reason I need this record for previous years is because I've lost some of my p45s and now I need to claim permanent residence status for EU citizens.
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If I were to be self employed on a part time basis working 20 hours a week and earning between £5,000 and £7,000 pounds a year how much would I be paying in NI contributions. I do want to pay them to ensure I get a State Pension. I assume that if I am earning under the tax threshold I will not pay tax? Also if I am living with my partner, in full time employment earning £30,000 a year before tax etc will that affect my tax allowance or what I have to pay? Thank you very much in advance!
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Hi everyone could do with some help on whether this contract i have signed stupidly is legal, Basically i have been employed as a caretaker for over five years to look after a large building and its grounds and i am responsible for all maintenance issues gardening and security of the building ect seven days a week 365 days, i sighned a tenancy agreement and on it where deposit is mentioned it says see special letting terms which states " the landlord agrees that during the terms of the tenancy that the tenant will not pay rent whilst the tenant is acting on a caretaker basis, the duties of the caretaker are shown on Appendix 1 attached " , on this appendix are my duties listed as previously mentioned basically anything and everything , now there are no hours mentioned or holiday entitlement and no hourly wages in fact i do not get paid , i have been in touch with acas and hmrc and they say i should be getting paid and a rent deducted from my wage . What i want to know is the agreement i have sighned is it legal ?
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