Hi, I'm a temp who's been working full-time for a large organisation for several months now. Under the Agency Workers Regulations 2010, I'm entitled to the same amount of paid holiday per year as my fellow, permanent workers. This is not an issue at all with the organisation I'm working for. However, the agency I'm employed through (Pertemps) says I'm not entitled to accrue holiday when I'm off sick. Having had a four-day period of sickness, this means that, according to them, I'm now entitled to less paid holiday in the current leave year than my comparable permanent colleagues at work. Can this be right? Surely, under the regulations, my 25 days' paid holiday should be 25 days' paid holiday, whether I've had any time off sick or not? Also, as far as I can make out, under the Working Time Regulations almost everyone is entitled to accrue holiday while off sick, and that includes agency workers? I'm hoping some kind person can help me out. Many thanks in advance, Erlibird.

My son recently had an unfavourable decision from the Tribunal, with regards Disability Living Allowance. However, the decision had been reached without his presence, despite requesting an oral hearing. I immediately requested a Statement of Reasons, which took some 3 months to arrive and then gave much time and consideration to reading the Statement and finding grounds for lodging an appeal. One of the main grounds had been, my son requested oral hearing and spotted a few procedural error to add to my list, working on the basis if one fails perhaps the next more valid etc (may all be rubbish!?). Anyhow I sent it to the first tier tribunal, requesting leave to appeal to the upper tribunal and also requesting they accept my late appeal - giving reasons. Shortly afterwards, my son received a letter of acknowledgement and to advise him that it has been passed to the Circuit Judge? Is this normal practice - at what point do we get told if appeal is allowed? How long for the process to work through the system - to decision?? Any advice would be much appreciated. Thanks Nadia

ok sister in law(T)s boyfriend (ill just use M - tho i would prefer to call him idiot1) is asking for paternity leave hes worked for the company for a year so the 26 weeks inst a problem, hes got a couple of questions 1. he's been told he must provide a photocopy of T's Matb1 form - is this correct? ive never had to do that 2, although on the form he only has to declare that hes the paternal parent his manager has told him that he wont accept him saying this and he wont get leave until he proves it (ive told him this is male cow excrement) 3. again hes been told hes got to prove that hes in a relationship with such details such as a joint account (repeat prev) personally i feel that the company is trying to push him into quiting hes been taken on and let go 3 times now by the same company, but this time hes over the years employment it might not be that easy any ideas peoples

the school my son attends ,wont be letting him stop on as he has been a problem pupil. i am a single dad,but i am worried when he leaves school, his tax credits will stop and i will have just £71 a week to keep us both,which would be inpossible,would there be any other benefits i could claim,when i asked my advisor at the work programe,she said i would not get any thing as he wont be in full time education.

I started a job at the beginning of November, it's an ongoing temporary job that will never be permanent but it was an Admin job, I was assured by the agency that it was an Admin only job. Its gradually turned into a Warehouse job where i'm walking around and bending down all night and spending a very limited time in the office. I have health issues such as Asthma, Fibrolmyalgia, IBS and other issues, the Jobcentre knew when I was looking for work that I could not do physical work. My back has been playing up for 6 months now and it's being made worse by this job, I am due to have an MRI scan on my back within the next 4-6 weeks, I have also had to have a Chest X-Ray today and got to have some other tests done too. I got this job as someone I know works at the Agency but when they started throwing me in the Warehouse more and more in December I contacted the Agency who claimed that they were convinced it was purely an Admin position and blamed the actual company for this but I have continued to struggle through but I don't think I'm gonna last another month or two at the very most in here but worried if i leave i will be punished. Please give me some advice. Thank you.

Hi just wanted to find out how this works. I handed in my notice on 19/12/2012 and my last day is 18/01/2013. My normal entitlement to annual leave is statutory minimum of 28 days (including all bank holidays). I think proportionally therefore I should have 1 day worth of annual leave to use for the calendar year 2013 but I have been told that I will be paid for this unused leave instead. Therefore am I being paid for the 13 working days I am doing this year (2 Jan to 18 Jan) or am I being paid for 14? As surely normally speaking I should be paid for 13 days even though I am taking one off for annual leave?

Hi everyone I need urgent advice. i am currently 2 years into an IVA and have been offered the opportunity of a working holiday in Australia. My boyfriend is emigrating and has been offered a job and a house and has asked me to go with him on a temporary basis to see how I like it. As I am under 30 I am eligible for a working holiday visa but how will this affect my IVA? I can continue to make my monthly payments as i have managed (by selling everything I own) to get some savings together. I am terrified that they will terminate my IVA and I will be left to sort out my debitors myself? I have trawled my agreement and the internet but can find no definitive answer. Thank you

Hi there Its been a while since I posted and I could do with some advice. My previous thread related to bullying/harrassment in and out of the work place by my husbands ex and her friend who both work in the same dept as me and him. They also involved my ex (who doesnt work there) whereby the 3 of them sent a 9 page email to all and sundry telling such lies that I had to call the police, who only dealt with him as he signed it. In my opinion the organisation let me down badly. There are too many events to mention here, but I was off work ill for 5 months and was in fear of my life as my ex is a nutter and had made threats throughout our relationship if I were to find any one else etc. I also received hate mail at home (whilst I was off ill), which looked to have been written on behalf of my husbands ex. As far as I am aware I am unsure as to how far this was investigated, I made a complaint to my head of department in March 2011, I have yet to have any outcome letter in writing. I went on maternity leave in February this year and honestly thought that with the passage of time I would be able to return to work without issue/fear. This is not the case, the thought of returning is making me ill, as bad as when this all started to happen. My husband is just about to change jobs, so I would not feel safe at all at work. These two women are the lowest of the low and as far as I can see, any sanction IF any was given has had no effect. When I returned to work last October, my husbands ex was constantly in my office on some pretext to talk to the men in there. I know exactly what she was doing and it was intimidating as I am a manager and she is not, therefore it would be me accused of bullying if I told her to leave the office and to call my colleagues rather than trotting in every 5 minutes. I did raise this with my manager at the time but was told nothing could be done and she could communicate in which way she pleased. I was frightened every time I had to go to the ladies, walk down a flight of stairs for fear of being pushed, the list goes on. I have come to realise that there is no way on earth I can see myself surviving going back there. Because of the OMP I am contracted to go back for 13 weeks minimum. 6 of these weeks are taken by annual leave, my question is if my GP certifies me ill for the remaining 7 weeks, will this be enough for me not to have to repay OMP as it is a large amount, which I do not have. I seem to be in a no win situation. I am a member of a union but no one will answer the question for me. I am in no way trying to defraud this organisation and have been trying to get another job for the same organisation but elsewhere as this would solve the problem. I am tired of worrying about it, I cannot even face walking on site. I am fit for work, but not there. I'd be grateful for any answers. Many thanks

ok ive comen into some money and i have some outstanding debts with hsbc and halifax (credit cards and student debts) whiich all defaulted. im currently claiming ppi charges however after i've completed this claim i was curious. should i settle the balance or leave it to drop off. the default has currently been on my creditfile for 4 years. if i settle the balance will it restart the 6 year period or will it still drop off at the time? thanks.

Hi If someone is on maternity paid then decides to take the remaining maternity leave unpaid what is the consequences for an employer if they terminate your contract without even telling you while you are still legally on maternity allowance? The person in question was due to go back in August 2012 but took their remaining 3 months unpaid making a total of 52 weeks which is allowed. On a discussion with head office they have found that their place of work has informed head office that they will no longer be returning to work and their hours have been given to new employee. Not once have they suggested in anyway that they would not be returning but instead on each call they have made to work they have been ignored and calls not returned. I understand the statuary rights are that you are allowed to return to your job after 52 weeks but what can be done against the employer of they refuse to employ her. She is not part of a union at work. Thanks

Looking for help / advice on this please. My daughter works at a care home in Scotland (17yrs). Early in 2011 doctors found she had arthritis in her spine and prescribed her painkillers. She informed her employers as they have what they call a “hoist” to move. This is a two person job one to push & one to guide. A risk assessment was carried out and it was decided it was ok for my daughter to just guide the “hoist”. The last week in June 2012 all staff at the home had their yearly assessment. At my daughters assessment she was asked if her back was ok and if she was still on painkillers. Reply was yes to both as she had not been of with any back problems this year. Second week of July 2012 my daughter was due to start night but she had a phone call from her employers telling her not to come in as they felt she was not able to carry out her job because of her back and that she should see a doctor and be signed of work. She was also informed that if she came to work she would not be allowed in. Effectively suspending her in my view. On seeking legal advice (Citizens Advice) she was told 1) they can’t do that 2) do not hand in a sick line 3) they have to pay her. My daughter informed her employers of this who then told her she would not be allowed back to work until she had been seen by an independent doctor and as this could take several months she should see her doctor and be signed of, also that she would not be paid until after that. In an ideal world she could have just said no to that but as everyone knows we all have bills to pay so she was left with no option but to see her doctor and be signed of and receive sick pay. She eventually saw an independent doctor on 2nd Nov.2012 who declared her fully fit to work. She returned to work on the 26th Nov.2012. She has been told she can claim for lost wages as it was her employers who took it upon themselves to say she was not fit for work and would not be paid, so therefore putting her under pressure to see a doctor and be signed of so that she would some income. Grateful for any advice on how to proceed (or not) with this. Citizens Advice say it depends on here contract.

Hi I am currently on maternity leave and have just been informed formed by post that I will be made redundant. Everyone else was advised 24hrs prior in a face to face meeting with HR that I was not advised of/ invited to. I feel like I have been discriminated against as I am currently on leave. Should they have invited me in or at least phoned me after the meeting? Thanks

I injured my knee two and half weeks ago and I am due to go into hospital shortly. I have attended work on crutches during this time but last week my employers told me that I would need to get a certificate from my doctor to say I was fit for work. I duly went to the doctor who advised that he would not do this as he had not signed me off work and I hadn't been on the sick, he did however provide me with a written letter which stated that I was happy and felt healthy enough to attend work for the two and half weeks since the injury. I attended work on Friday 19th Oct to be told that if I attended work again on Monday I would be told to leave the premises due to me using crutches as they felt they were a health and safety issue to myself and my colleagues. I am an admin worker in an office and I am sat at my desk only getting up to use the facilities that I require throughout the working day. I want to know if they have the right to stop me going onto the premises, they have not given me any written documentation explaining the reasons why they will not allow me into the office and I am afraid that if I do not attend then, this will go against my sickness record and as I will be off work after the operation then this will be another mark against my sickness record.

I have worked for the Northern Ireland Civil Service for 26 years, all my working life. In June this year I was in a bad motorcycle smash (rear-ended on my way to work) and fractured my spine. I have been off sick since. I am attending Physio and Hydrotherapy every week. I am on strong painkillers as well as sedatives to help me sleep. I cannot walk any further than about 200 yards and that is at a snail's pace. I was referred to Occupational Health Service (our version of ATOS) and was passed as unfit and unlikely to be fit for a minimum of 6-9 months. Yesterday I got a letter from our (privatised) HR company to say that my sick pay will exhaust on November 5th and from November 6th I will not receive any pay. I cannot return to work just because of this and I have no idea what avenues I can go down. I have 2 dependant kids, both at Grammar School, a mortgage and everything that goes along with it. My wife works 29 hours a week. There is no way we will be able to keep our heads above water. I do not know how to "work the system". What can I do?

My landlord lives in Australia. I sent an e mail on 10th Sept to him a ‘heads up’ that I would be handing in my notice on the property I rent. I said I could not give him an exact leaving date, as I do not know when the new accommodation will be ready, but it would be some time at the end of Oct or early Nov. I would let him know when I had a fixed date. He has been very aggressive and sent back to say that this is not good enough, it’s a warning but not notice. I asked him what he wanted me to do to give notice but he just kept sending back that this is not notice. My contract consisted of a form he bought in WHSmiths it states that after the first six months I am on a rolling month by month contract, and I would need to give one months notice. As I have informed him seven weeks ahead, I thought this would be alright. He now says he will ‘make it simple for me’ he is going to fly back from Australia to inspect the flat and I must hand back the keys on 1st November. I do not know if my new flat will be ready by then as it is being bought and is still going through the solicitors so I could be homeless. He will not properly answer my e mails I have no other way of contacting him. I am also worried he will find a way to keep the deposit I gave him at the beginning of the contract. Can anyone advice me? I am very upset about his attitude.

Hello all. I have been lucky enough to be offered a job with slightly more money and more security. I have been at my current job for almost 12 months but things are not good and as one of the last ones in I have been stressed about losing my job. So I handed in my notice and with holidays I would be able to leave on the 14th. They were not happy that I was leaving as the new job is in the same industry and although not really a competitor, the bosses of the two companies dont get along, some history there I think. I handed in my notice on the friday afternoon, on the monday morning they called me into the boardroom and said that I would be on gardning leave and I would have to use my holiday during gardning leave meaning I wouldnt start my new job for a week later. I was happy to work and hand over skills to co-workers and tidy up a few jobs but fine I said and home I went to spend some time with the kids - BONUS! The thing is, one of my old bosses bumped into me in town and after a drink he offered me an interview with him. I would have a few hundred spare each month and this hopefully will help clear my debts! I have had a few weeks to clear my head and now I think that this is a great move. Sorry if this makes me sound like an indecisive drifter, but in recession and hard times we have to grab at any opportunities! Questions: Could I run into problems with either companies if I go for the interview? What about if I accept the job, will my old company try to claw back the gardening leave pay? I dont have the energy for a new job and a court battle.

Hi, My tenancy is up in one month, end of Sept. I had an email this morning from my landlord stating they have decided to sell the property. It wasn't a 'formal' notice for me to leave, in the sense of the wording. They were thoughtful to an extent and told me that if I needed longer, let them know so they can arrange a weekly payment of rent rather than monthly etc. But, from reading the posts on this forum, am I right in thinking that I can't be legally forced out unless they hand me the S21 document ? Just to stress - I am in now way intending to be awkward at all to my landlord - I just want to know if I do have that extra little bit of time if needed (if I was on my own it would be a cinch to move, but I have a dog and ideally want to move into a househare, and finding one that accomodates pets is a lot trickier)

Need some advice. I am looking to hand in my notice and as I am going to a rival company, I am likely to go on garden leave. Nobody is sure of the notice periods but the company say it is a month, but we have never been given a contract. I have been here almost 6 months and I beleave it is only the statorary week. The concerns I have are: 1) If I give a months notice, if my employer gives me garden leave, can he just give me a weeks pay. (Apparently the employer changes this to suit themselves from other people leaving) 2) Commission due to date. Others who have left have not been paid what is due to them to the day they hand in their notice. The employer says that they do not have to pay commission. 3) Bullying. This is common practice by the owner. He has done this a number of times to me and other employees. Sometimes he will bully those that are leaving, then not pay commission. 4) Holidays booked. I have a weeks holiday booked. Can they rescenf this and make me work to the end of the notice period? Any help would be appreciated as I have to hand in my notice soon.

Just for a few days...

I recently moved into a joint tenancy agreement into a rented two bedroom property with a good friend of mine. He's a bit strange in public, but appeared to keep a good home from where he was living before, a good laugh and always got your back. I should have taken it as warning bells all the problems he was getting into with everybody else, but the picture painted was that everybody else was being unreasonable, which actually seemed fair enough, people were taking his things without consent, returning them late, he seemed to be the provider for the accomodation he was living in and people were taking the mick. Anyhow, we started having a look around and he became more anxious to leave his current property than I was to exit mine, so the pressure was applied to get me to agree. I didn't know if I was making the right choice having lived at home all my life, people said it will be better when you move out, more independence blah blah blah. I was feeling really sad and guilty, I guess my gut was saying no, and yet my head was saying I have to give it a try. Coupled with the pressure and the convincing from my friend that what I was feeling was normal and I should take the plunge. So within a week of seeing a property, we're down the estate agent filling out reference forms and getting checks completed. A week later we're signing an agreement - which I admit did feel good. At the time. Now, less than a month into the tenancy, I have really cold feet. I miss home. But my flatemate, is well, strange. He arranged for installation of a popular broadband and television supplier who came to drill holes through the walls without consent of the landlord. In fact he arranged this before we even signed the contract so I still felt like I couldn't back out, I gave my friend a commitment. We went with a twelve month agreement even though I wanted a six month agreement so that I knew I could back out earlier. But we agreed verbally that if I wasn't happy, I could back out after six, so we went with a twelve month contract on the basis that he would cover the remaining rent from the six month period on. He's stuck things on the wall with sellotape and pins in contravention of the agreement and thrown darts at the wall. Im just starting to learn what a joint tenancy is - Im jointly responsible for his mistakes - not just half, but everything if he cannot be contacted! I thought at least a joint tenancy might allow me to take my name off the agreement, but apparently even that would require the agreement to be terminated and a new one drawn up which might not happen. My friend now isn't talking to me after I asked him to switch things off that he wasn't using so we could save some money. So what are my options? I figure Im going to move out within three months in any event because I can't take his unstable behaviour and "partying" to 6am in the morning over the weekend, his actions around the house, and the way he takes my stuff without asking. Im also unhappy here. Steep and expensive learning curve. Im prepared for the worst. Obviously I'll need to talk to him to smooth things over but... He either honours our six month agreement and I ensure he's paid for the six months. He doesn't honour the agreement and I have to pay him the six months, then the following six. In the meantime, I need to protect myself from his activities. Im worried he may stick two fingers up at the landlord, and I'll be responsible for the entirety of the rental fee, not just my half. Worse case scenario I pay all the rent for me and him and pay to fix the holes in the wall. Could a signed agreement between two friends stating he is now responsible for everything blah blah have any effect? I realise the landlord could come after me for failure to pay, but then I could sue him? Im just thinking worst case scenario. The other problem is that I have some major surgery in December which has only just come to light since moving in. So I could out of work for several months and cannot afford to rent this place. Can I get my name off the tenancy? Can I get him to legally assume responsibility? How do I protect myself from his mistakes if he further abuses the property? We have not yet received a full signed copy of the contract from the estate agent, though we signed it there. We noted also that the landlord had not signed his copy yet either. If for some reason the landlord has not signed his copy yet, would the contract still be valid, or could I rip it up there and then and move everything out? Bob

even though i am repaying £95.00 a month a letter was left today saying they are going to remove goods. Now i dont know what to do my council (islington is no help) at work in a blind panic trying to figure out how am i going to raise £395.00!! I did speak to teh baliff he said my repayment plan had been broken and that there was a warrant for the full some... i then went into a long explaination with him telling him i am up to date with my repayment i had sent a copy of the letter saying when my repayments wsre due to start at to date they are up to date... please can some body give me some advise as im getting really peed off with this letters. now. Thankfully the baligff says he has'nt added any charges on to my account.. Thanks.

I am a one man employer. I employ one person whose maternity leave payments have just finished. She is due to return to work but during her absence, though not because of it, business has slumped. I cannot afford to continue employing her and must reluctantly let her go. I have no other job for her to do and am not planning on employing anyone else to do her job. Can anyone advise on the correct procedure and what her rights are ?

I'm writing on behalf of a friend who is very streesed out. Recently she asked for more help with the job as she has been working 50+ hours a week and not getting paid for it. She asked for help and threatened to leave if this was not given. Since then she has had a number of meetings with management and HR saying there are issues with her work. Then she was given a letter saying due to the fact she is unhappy at work she will leave at the end of August, She had 7 days to contest this, which she didn't (instead buried her head in the sand). Now she is worried she has lost her job and is being pushed out. Should she take this to court? Would she have a case or have HR covered themselves? Thanks in advance

my company has just advised me that they are doing a shut down in aug this year for 20 days unpaid leave if you have leave then you can use if you dont you can borrow 2 days from next year or take unpaid leave can they do this at just sort notice please can you help

Hello Folks, I would like guidance and how I can help a work colleague, who is out of pocket by £750. My colleague applied for same day service “POE” premium service, for a Visa extension, but due to the unavailability of the UK BA IT system, they were unable to progress the application on the same day and actually took about 4 weeks to process. This is a similar time-frame as if he and his wife applied for the normal postal application service. The fee is £1000 for UK BA postal service The premier service is £1500 The difference between the premier service and the postal one is £750 for both of them. Understandably, my colleague called the UK BA customer service about this, who advised my colleague that because his application was not processed the same day (“POE” premium service) that he can claim the difference back and that this could be done via post. My colleague has sent a letter explaining the above and asking for the appropriate refund, as instructed by the UK BA customer service, however, nobody has responded to this after approximately 3 weeks (not even a courtesy note advising it is being investigated). My colleague has researched this and has spoken to others in a same predicament AND circumstances, who are also awaiting responses. Please could anyone advise on how my colleague can pursue his refund and where does he stand on this as it seems a clear failure to provide the services paid for. Regards,