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Found 16 results

  1. Concerning the issue of whether we are a casual worker or a an employee there is many criteria to consider for example the time we work for the employer, our skills, whether he employs us only in case of shortage or during peak time or he uses us in the normal running of our business...etc. However I would like to know if the conclusive evidence is not when the P45 has been issued because if it has been issued one year after the start of employment this means that we are now an employee. It is up to the employer to decide if he need us anymore or nor and as a consequence if he se
  2. Hi, First of all, I hope I am posting within the right area of this forum, apologies if not - I've tried! A while back I filed an Employment Tribunal claim against my employer mainly for disability discrimination. They offered a settlement of (just over £2000) via ACAS, which I had not accepted. My medical records were not issued by my hospital in time for the hearing so I applied for a postponement of the hearing. Two days before the hearing, the extension was not yet granted and ACAS (on behalf of respondent) phoned to tell me that I have to accept the offer by 5pm of the same day
  3. HI, I wish I had found this site about 6 moths ago. Here goes - I will try to make it as short as possible. My OH has ( had!) over 30 unblemished years service with a local authority as a craft tradesman. Approximately 18 months the management ( 3rd party run local authority services) made veiled comments about losing staff, but also had their favourites they wanted to keep. However all staff would have to go through competitive interviews, sickness records etc and their favourites would not make it. So they had a problem. There has been a succession of brought in line manag
  4. Hi Guys I'm after a quick bit of advice regarding time scales for ET application after going through early conciliation. An incident happened at working on the 10th August 2016 for which I raised a grievance then appealed the grievance. I had the results of the appeal on 7th November 2016 for which I still do not agree. On the 8th of November I then submitted a request to ACAS for early concilliation which I'm told put a hold on the time given to apply for employment tribunal, which I believe is 3 months minus 1 day of the incident. Now as far as I understand A
  5. Hi All, Just a quick question. My partner recently went through a disciplinary at work. (Large retailer) During the process, my partner was not allowed to see any of the evidence at any point. Partner is a union member and the rep said that he could view witness statements, interview notes, etc, but that he could not reveal anything to my partner. Consequently, at the final disciplinary hearing, my partner just had selected "snippets" read out by the store manager and asked to comment on them. There was no indication how many statements there were, or whether evidence f
  6. I have a matter of automatically unfair dismissal pending. Could not take it to an ET without speaking with an ACAS Conciliator. Conciliator advised me my claim was worth very little even if I won it, which I can prove (One and a half weeks wages which I now understand is a Basic Award) and which I have now found out is not remotely reflective of the amount I may be entitled to claim. A COT3 has been generated with an offer from my former employer which has offered the pittance I was led to believe I was entitled to claim by the ACAS officer. Is the agreement binding when it was formed upon t
  7. Hi everyone, Can someone help me on compensatory awards which arise from unfair dismissal? I was a member of a final salary pension scheme. Would the loss of my pension rights be included in the 12 month cap? I understand that it could limit my claim to just 12 months salary. My claim as it stands would be for 12 months loss of earnings on its own. There is also the matter of an ACAS uplift applicable because of the actions of my ex employer. Would such an uplift be included in the 12 month cap or is it additional to? Thank you in advance for any advice
  8. Hello, I'm hoping someone can advise me. I started tribunal proceedings against my former employer who was refusing to give me redundancy pay. Before the hearing date, they offered to settle out of court, and although the sum was less than I was owed, I agreed. ACAS issued a COT3, which I signed and sent to the Respondent, who signed it and sent it back to me. This was a week ago, and I have been checking my bank balance daily to see if the money's been paid. As yet, it hasn't. Today, my ACAS rep has asked me to print off and sign another COT3. He says the Respondent has request
  9. 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
  10. Hi, Last week, I was diagnosed with a serious medical condition which is affecting my brain and ability to walk, it also causes severe pain which comes and goes. I am currently awaiting further tests. The doctor signed me off until Friday 21st March 2014 seeing as I had annual leave booked this week anyway and have had this booked for months. I haven't gone on holiday anywhere, just stayed at home to relax as much as possible and recover as much as I can before returning. Yesterday, my employer rang me to see how I was getting on and if I will be returning after my annual leave. I e
  11. Hi guys, I am currently negotiating a settlement agreement through ACAS whilst the tribunal is pending. I need to know under what circumstances my previous employer can attempt to recover the money from me once the agreement is signed. I ask because they have stated they will not sign away their rights (but I have to). This makes me highly suspicious about their intentions and although the ACAS conciliator assures me this is normal, I'm sure he doesn't know how often people get screwed over later once his part is done! Basically, I wasn't very senior in the company so the only t
  12. ongoing et case- if I am looking for an agreed reason for leaving (rather than dismissal for alleged GM) alongside a favourable reference (comp. policy is to give std one with role and dates) is this usually possible alongside any payment? Have had much trouble securing new role due to the way last role was left and even asked for previous role back on et1. Any ideas appreciated...
  13. Does it mean anything when the acas conciliator changes? Received notification of this.
  14. My husband has been engaged in an ET case with a former employer for several years. The hearing has been rescheduled many times and now ACAS has contacted us saying that the employer is interested in settling. What is the best way to negotiate a fair settlement and is it best to document the amount we are seeking using the original schedule of loss? Can we include the costs we incurred for traveling to the original hearing which was rescheduled the morning of by ET? This has been an incredibly trying situation and we want to make sure we get what we are owed, but don't want to come across
  15. Apologies if you are reading this twice but my first post hasn't shown up ... I work as a Customer Servcies Advisor on a job share basis 40 hour week (we both work 20 hours). On Wednesday the company owner said that as of Monday 1st October our hours are to be cut to 12 per week. This makes our job untenable and as we have had not notice of this change we have paid childcare fees in advance. My contract says that my hours of work 8.30am-5.00pm can be varied but it doesn't mention that they can be cut. I have not agreed to this and I asked the owner for a meeting to discuss this and asked for
  16. Hi all, I received my reply from the ICO saying that my previous employer was "unlikely to have complied with the DPA due to them not supplying the information requested within the 40 day statutory period." also that the amount of time they took to request the fee, was excessive. When I requested my details, they had no clue what I was requesting. They sent me my "personnel file" when I queried this (I had worked there for 16 years so it was quite substantial!) and told them it was everything that they had on me, I received another package with some other bits. But I am still convinc
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