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Found 242 results

  1. Having been of work for 2 months with depression (GP sick note states this) following a work OH assessment, I've been called in for a capability meeting. The OH Dr believed due to "depression" I'd be better off back in work, therefore, he stated to my employer I'm fit for work. I've spoken to my GP about this, my GP disagrees, currently, my GP advice, I'm still not fit for work. Who takes precedence with my employer, the OH Dr who stated I'm fit for work, or my GP who states I'm not fit for work?
  2. Good afternoon CAG, I have been working at my local nursery for 3 years. I started off as an apprentice and then qualified at level 3. Upon qualifying, I have worked for more than a year on their payroll, I am not and have never worked for an agency - I work with them directly. But the persistant problem is, they have never offered me a contract. It is also unfair that newly qualified practitioners got their contracts last month, and I have yet to see mine. Now they keep cutting my hours (cut more this morning) and they have held interviews for my position. I have no disciplinary records, I do my job correctly and I also finish any written work at home. What are my rights? Can they just dismiss me? Thanks
  3. Hi, Whilst filling out a tax return I checked the information HMRC held regards PAYE from what is now a former employer. The information shows the dates, taxable income, income tax paid and National Insurance paid, all totalled up. The amounts I noticed didn't add up to the totals at the bottom of the page. It seems one month a payslip was issued, then a revised version issued. The totals on the revised version were correct but the following months payslip uses the totals from the original payslip. I contacted HMRC and they said yes it doesn't add up but we can't say why - you need to contact the former employer. So that's what I did, they gave me a P60 and said everything looks fine, but the P60 just contains the incorrect totals they gave to HMRC. I've now advised in more detail but without even having checked yet they advise everything "looks about right". Just wondering if they refuse to correct the totals what are the options? Do I need to go back to HMRC with the figures and rationale? Thanks in advance.
  4. I wonder if any one can help. My husband works as a Chef, he has been working as a chef for over 20 years. he has a medical Condition Called Menierse disease. He has had it about 5 years. It causes him to have attacks where he colapses, becomes extremely, dizzy, vomits and he can’t stand up. He has to take medication when he has a attack and ends up in bed for 3-7days. After an attack he is left feeling very tired. He does not have attacks that often, but they are normally triggered by stress, being over worked and tired among other things. His employer knows about his medical condition but does not seem to care. They force my husband to work 6-7days a week 10 hours a day whilst every one else gets 2 days and 1/2 days off each week. They were working him so much that by end of November he had a attack, luckily he had just started his holiday so did not need to take any time off work sick. He ended up in bed for 4 days. When he went back to work he told them he had had another attack and that he could not continue to work 6-7 days a week and that he needed 2 day off a week. But they don’t seem to care as they are still making his work 6-7 days a week whilst every one else gets 2 1/2 days off. He is starting to look unwell and I’m concerned he is going to have another attack soon. Would a doctor be able to write some kind of sick note stating that they need to accommodate his medical condition and that he needs 2 days off a week, or slightly reduced hours for a while. before any one asks he has looked for another Job, he has been looking for a while but have not been able to find any thing. Quitting is not a option as we need his salary as well as mine to pay bills, we have 4 children to support. We would never cope on just one salary. On top on this their extraction system, in kitchen is not good, it’s useless and does nothing and when in kitchen all the chefs are breathing in very greasy air. It’s taking its toll on my husbands health and other staff. My husband now continually coughs and throat clears, worse when he has just finished work other staff are too, we are worried as to what effect it will have on his health long term. Is there any thing we can do to get employer to emprove condition in kitchen so they are breathing in clean air. any advice much appreciated thanks in advance
  5. Hi everyone, My son works for a sole trader and yesterday informed my son that due to a PAYE error (which he admits was his mistake) my son had underpaid tax for the past three months and an amendment would be made to this months wages. This morning he checked his pay with the bank and found that his employer had deducted almost £1,000 as the unpaid tax (incidently, he only pays about £1200 for the whole year. He is now left with insufficient funds to pay his rent and other essential bills. His boss freely admits that the error is fully his error. The HMRC haven't notified my son or the employer.
  6. Hi, I work in sales and my contract was amended some months ago to give me 1% commission on all combined sales above a target figure. The target was designed to be easily achievable as my base salary was lower than I'd liked and I was effectively doing two jobs - both sales and IT. The commission became due so I requested it twice via email (no response) I then raised it again via telephone. I got sat down in a meeting with my manager and the finance guy, they tried to tell me it was not payable for several months longer and also that the company didn't have the money.. After numerous emails they said OK we will pay you x amount as soon as you agree, x being about 50% less than I was expecting! They are working out sales AFTER deducting tax, postage etc. they are saying that tax does not go to them, it goes to HMRC so it isn't considered part of a sales figure. My contract does not say whether sales are GROSS or NET, from several verbal discussions before I signed, I was under the impression sales were GROSS. The figure they suggest pays me approx. what I could get for doing the sales job elsewhere.. nothing more.. I also have effectively been on call and spent many extra unpaid hours.. I am sticking out for the full amount I think I'm owed and have given them 2 weeks to pay it - am I in the right? Thanks in advance.
  7. Hi guys need your help and advise, i had been claiming ssp when i was employed on my July wage slip there was a discrepancy of X amount short, had a chat with the employer he admited it was his error, he paid this back via Bacs in August, when i recieved my last wage slip September he had taken it back and marked as a deduct pay advance, when i asked about and said it wasn't an advance it was what you had miscalculated it his words where it is correct and inline with HMRC guidlines. which now brings me to another question i went on to the Gov site where you can see your wage slips from employer, the wage slip i have has a different amount paid to what is on Gov site which is a higher amount. Surely they should match.
  8. Hoping this is the correct forum so apologise if not. After a good two years being ill I managed to get a job starting last January at a local SEN school as a Teaching Assistant. Upon calling me with the news the Head told me not to get too excited as it was only until July. A few days after I started I was conversing with the HR Head about something else when I mentioned to her about this Fixed Term Contract. She told me that I was on a Permanent Contract so I assumed that the 6 months the Head was talking about was the 3 then 6 months probation. Got through 3 months fine but today I was called into a conversation with the Assistant Head and was told my contract was not being renewed because next years student numbers have dropped and the student that I was partially one to one with is no longer classed as one to one. For clarification I was helping many students as I was told that one to one is in name only and I was working in the class with all. However I mentioned to the Asst Head that I was a tad confused as HR had told me I was on a Permanent Contract. The Asst looked a tad confused themselves and said they would look into it and mentioned that if I was on a Fixed Contract they would not have done any probation which confused me again because it was this Assistant Head that received my Line Managers 3 month probation form so you would have expected it to have flagged up a possible contract error. A massive kick in the teeth is that I also received a staff email later on that says they are recruiting for Teaching Assistants for next year and yet I am told I am surplus to requirements because they don't need any more TA's despite at the meeting being told that all feedback on my efforts are positive and that my contract isn't being renewed purely down to numbers not being required?! If I am honest I have never got on with this particular Assistant Head. They belittle many people and are generally disliked by a larger proportion of the staff and from day one I could tell that she had a problem with me for whatever reason. So I wouldn't be surprised if they just want me out. However if they have had a breakdown in communication and whilst I was originally meant to be on a Fixed Term Contract but HR accidently put me on a Permanent One what are my rights here? I have gone through the contract with a fine toothcomb and I cannot fond anywhere where it says it's Fixed Term and whilst there is a commencement date there is not expiry date. If they have made an error they may try another excuse but if I have been already told that the only reason for my dismissal is that they do not require me next year then what can I do if another excuse/reason is put forward in another meeting? I love the job and obviously feedback on my performance is positive and whilst I would love to stay this is an incredibly awkward situation for both sides but if I am correct and I am on a Permanent Contract and they have made an error what if any rights do I have? Most appreciated.
  9. Hey Guys, See if you guys can assist me. I have been working Flexible Working since 2015 as I look after a disabled wife and a child. Recently during a meeting with my manager, my manager informed me that he wants to cancel my flexible working and wants to increase my working days from 3 (under flexible working) to 5 days a week. I was given 2 weeks notice and given a date when this change will be applicatble. I objected to this decision, but the manager simply announced his decision and ended the meeting and said no further discussions. I received his decision in writing with inaccuracies in statement to which I objected, as his decision contained various factual discrepancies and asked him to give me evidence to substantiate his reasons. I have however, not yet received them. I further wrote to them formally rejecting the proposed changes to the terms of my contract and informed them I would be sticking to the currect terms of my contract and would be working 3 days a week only. I then received phone call asking how I was from another manager as I had gone AWOL. I asked this manager to check my 2 letters that I sent in and have not received a reply to yet as these letters clearly address that I do not agree to new terms and I would be work 3 days only. I then had further discussion with another manager and I told him exactly the same that I am expecting a reply to my previous 2 letters. I then received a letter from another manager informing me that I have gone AWOL and if I do not turn up under new terms i.e. 5 days a week I will be marked down AWOL. Today I have received another letter calling me in an investigation for Disciplinary hearing regarding my AWOL. All of this is despite: 1) Management, unilaterally changing my terms of contract. 2) Management, not replying to my objections I raised in response to their decision. 3) Me formally rejecting their proposed changes. 4) Me informing them that I will be doing my shifts under flexible working and that I have not had response to my 2 letters. Can someone kindly guide me, 1) am I wrong here? 2) Can I be sacked in this AWOL hearing? knowing that I have already told them why am I not turning up to shifts? 3) Can flexible working be unilaterally changed? 4) Should there not be a status quo applied till my objections raised are answered? Thanks
  10. The tribunal was a few years ago and i didnt have the evidence then but i have it now. The employer lied to the court about details which the tribunal took as true and used them to find my dismissal fair. Without these false details the court would almost certainly have found in my favour. It wasnt a case of they made a mistake with the details, the evidence i have shows they knew the correct details and told the court something else. I didnt appeal because i didnt have the evidence then and you only get 42 days to file an appeal. Ive heard of perjury cases being brought up to 14 years after someone has lied in court ie jeffrey archer. If a lie affects the outcome of a hearing then it shouldnt matter if its a criminal court or an employment court. How do i go about getting my employer taken to court for committing perjury? Who do i report him to?
  11. Hello, looking for some advice please. I'll try and keep this as short and to the point as I can given the complex circumstances! I started a new job last month & my contract (that was advertised in the job description is 35hrs per week Monday to Friday.) But my line manager (not my 'overall' manager), who interviewed me for the job said at the time that occasionally there will be weekend work i.e. if there are small events on and I said to him verbally, that's fine. However, since I started just over one month and a half ago, I've currently worked three weekends (Saturdays - not consecutively) without kicking up a fuss and I've just been informed by my 'overall' manager, that I'll be working the next three weekends in a row (meaning 6 days a week!) She seems to just automatically put me and others on without even asking us or conversing, which I find annoying and out or order. To further add insult to injury, I've not been asked, but been told that I've to work an extra one hour next week (on top of next Saturday's 8hr shift) which means that will be 13hrs overtime in one week! I actually have things planned for the next three weekends she's asking me to work coincidentally. Important to note: I have not been given a copy of my contract despite asking when I first started for a copy, to which my immediate manager said "what do you want a copy of your contract for?" and I replied so that I know my legals rights etc. I'm sure this would possibly mention the overtime coverage (if any) but the only thing I have to go by is a copy of a staff handbook that mentions overtime but says 'refer to your contract of employment'. So, my question to everyone is, do you think I am within my rights to say no to all this overtime at weekends especially when I don't get any advanced notice of a weekend shift coming up? Sorry for the long message. Thanks
  12. I believe that a former employer may have acted unfairly against me whilst I worked there and I'm intending to SAR them to see if there is any evidence of this which I can use. I do not know where the evidence may exist or in what form, whether it is in emails, phone calls (which I know to be recorded and stored) or paper records so I would like to make a SAR for every piece of information they have. I also obviously do not want to disclose the reason for my request and find that the evidence I'm looking for may miraculously disappear. I am uncertain whether it's better to make a SAR in the next couple of days (before GDPR comes in), or wait until next week when GDPR is introduced. Under the present system, AIUI I pay the statutory fee of £10 but I then have an unqualified right to request all information. However, under GDPR the statutory fee is abolished but they will be able to charge a 'reasonable fee' where the request is 'manifestly unfounded'. Is there any guidance as to what a reasonable fee might be (lower/higher/the same as the current statutory fee?), and what qualifies as a 'manifestly unfounded' request - is a general request for all data rather than a targeted request considered 'unfounded' in itself?
  13. Hi all, I am new to this forum and have a query about an interview I attended in the UK. The hiring manager beforehand said certain questions would be asked a specific test would be given. I was disadvantaged compared to other candidates when I spent so much time preparing only to discover on the day that the test and questions were completely different, hence why I was unsuccessful in landing the job. Also, an interview question was more restrictive when asked to myself compared to other interviewees. Is there a potential case I can bring to an employment tribunal to seek compensation (i.e. relating to Negligent Misstatement, fraud, etc.)?
  14. My wife has been employed by the local pub owner who took on the lease of the village shop three years ago. My wife was employed from the outset to work in the shop. Since day one she has consistently worked over 28 hours a week at a rate above the NMW. She has been paying tax, NI, pension etc and has received holiday pay. However, she was never given a contract of employment. The pub owner has now bought the land that the shop is on, and plans to demolish it and build houses on the land, meaning the shop will close. He is however going to open a small "shop" within the pub to sell essentials such as milk, papers, cigarettes etc. The boss has told the staff nothing more than "I am closing the shop at the end of April and you won't have a job anymore", however he has failed to put anything in writing at all. I have several questions which I hope someone can answer 1) The boss is suggesting that as he never agreed in writing to a set number of hours a week, the position was one of a "zero hours contract". However my wife has worked 28+ hours every week since she started. Am I right in assuming that the 28+ hours a week, in the absence of a contract are implied terms and those are the terms are legally binding. 2) Until as such time as he informs my wife in writing that he plans to close the store and her position is redundant, then legally she is still employed on the terms that she's worked to for the last 3 years. 3) Even without a contract of employment, my wife is still entitled to written notice of redundancy. How much notice is she entitled to, and should the shop close before that notice period expires, he then would still have to pay her in lieu of notice. 4) Unless he puts it in writing that the position is redundant, then is he legally obliged to pay her for the hours she would have been working for had he not closed the shop. Any advice and answers to the questions above would be greatly appreciated. Thanks
  15. Hello. My employer has CCTV pretty much everywhere on the premises and uses it in Disciplinary matters. I notice that they have not registered with the ICO to use the CCTV. Should they have and, if so, why wouldn't they have? Laziness / didn't know that they had to, etc?
  16. Hi all. My friend recently sent an SAR to his employer. He asked for 'any personal information you hold about me. This is to include, but not restricted to, copies of my medical records, sickness records and certificates, letters to and from you, minutes of all meetings that I have been involved in, letters relating to grievances, any letters, emails or internal memos to which I am mentioned in.' He received his data which did include minutes from meetings but not the handwritten notes that HR make. Should they have been?
  17. Hello. Early last year I suffered an accident at work when a large object fell on me. What followed was a pretty unpleasant 6-9 months but I am almost back to normal now. The accident was reported and I completed an accident report verbally which was recorded. Before Christmas last year I verbally asked to see the CCTV footage of the incident and was told that I could but then I never got around to it again due to the Christmas break. Last week I asked the head of Health and Safety if I could see the footage and he told me that he was 99% it had been lost. I asked how this happened and he said that there was a mix up between him and a Director of the company. I asked him if he could make 100% sure and he attempted to fob me off by saying he was busy this week and on holiday next week but I reassured him that I would remind him upon his return. He stated that if I were to make a claim then the CCTV wouldn't make any difference because the company were totally to blame for the accident. Obviously I'm not happy with this but I would like some advice as to whether a Subject Access Request would be the best option here or start with an email / letter? Any advice would be appreciated. Thank you.
  18. My son used to work for a big retail company and had a company car. The company failed to inform HMRC that he had a fuel card with his company car and now my son has been hit with an unpaid tax bill for £1700. The company only sent off the proper form declaring he had a fuel card when he left the company. He is very angry to receive this bill as it appears that he is being billed for the actions of this company and it appears malicious that they only sent off the form when he left. Is there anything he can do about this?
  19. Background 4 years service continuous, rocky employment. Currently working my notice period due to evident constructive dismissal. Despite a grievance being submitted with my resignation no investigation has been commenced and a meeting was held where i was offered a PILON payment to leave that day. How do I approach a settlement agreement proposal with the employer it's an evident breakdown and It will save a lengthy tribunal process
  20. My line manager recently resigned, a new director has taken over the team in my first conversation I have with the new director he tells me "You are going onto a PIP". I was pretty shocked as had no warning from anyone, written or verbal, that this was coming. I was already feeling stressed prior to this and this tipped me over so I have been on sick leave for past 2 weeks and just been signed off for another 2 weeks. (I have had virtually no sick days in 12 years prior with my employer). The PIP objectives themselves have not yet been discussed or agreed / signed by me. My questions are 1) Has correct process been followed for the PIP? (i.e no warning is required?) 2) I learnt yesterday that because I am on a PIP my boss has option to only pay me Statutory sick pay and that's what he has instigated for next 2 weeks. Is this legal even if PIP has not been signed / formally agreed with me? 3) Linked to 2) as this was unexpected (it places potential financial stress on me when I am already off with stress). Is that fair or does impact on me not matter? Thanks in advance for responses p:s - Background is below if this helps with responses to the above I have been with my financial services employer for 12 years and have always had ok to very good performance reviews over the years. I moved roles about 10 months ago (Having been in a very stressful role previously) The new role is very much spreadsheet reviews of very complex datasets (not my strength) although certain aspects of the role I did well. When I did get feedback I only got 2 pieces (one from a peer who has a "coordinating role") and one from my line manager. My line manager didn't give written feedback just answered some questions which require a "Always, often, sometimes, seldom, never" type response. His responses were "sometimes". When I arranged a meeting to go through his responses, he explained that sometimes I do something well and sometimes I don't (how enlightening!).
  21. I lodged a grievance against a colleague. A thorough investigation was carried out and my grievance was upheld. There were a number of recommendations made in the report in Oct 2017. One of the recommendations was that me and the colleague attend mediation. It also recommended that if she did not engage in mediation action should be taken via breach of Code of Conduct and/or Dignity at Work Policies. She is saying that her husband is not well so she is not able to participate in mediation at this time. My employer is saying she is not refusing but is delaying. Other recommendations around my line manager reminding her of expected behaviours, her responsibilities and pointing out possible consequences have not been completed. I have continually chased my line manager and HR around these recommendations as what was a bad situation has now got worse. My line manager finally met with my colleague yesterday for half an hour. Following that my line manager met with another colleague and asked her about my mental health. She told my LM that she has concerns about my MH caused by the colleague. I then met with my LM. She said that the colleague, who I lodged a grievance against, had told my line manager that I'm the problem - I'm clearly mentally unwell and am paranoid. My LM obviously believes what she is saying. I reminded her that the investigation had proved the opposite! My mental health has been negatively affected by all of this and I am struggling to attend work. I've met with our Wellbeing Manager to develop a plan to manage my stress levels but she's advised that until the grievance outcome recommendations are carried out nothing I do is going to make any difference. Other than hand my notice in, and I cannot afford to do that as I'm a single parent, I'm at a loss to know what to do next. Any advice greatfuly received!
  22. Hi there I wonder if you can help with this. It seems fishy to me. My fiancee is a support worker (supporting disabled people who have their own tenancies) for an agency on a zero hours employment contract. All of her shifts involve supporting people in their own homes for the local city council (in Scotland, if that's relevant). On average, she works around 37 hours per week (sometimes a lot more), and does additional "sleeping" shifts (paid at a set rate) when they are available (on average one or two of these per week) My fiancee has been with the agency full time for around 18 months. The agency routinely emails all employees every week to say "You have been booked for shifts this week, so please check the online system" or "All shifts have now been allocated" but recently the weekly email included the line "All shifts over 6 hours moving forward will include a 30 minute unpaid break in line with the Councils working time directive." No other information was provided, and we have emailed the agency twice for further information but no reply. There are several problems with this: Firstly, my fiancee supports people with various physical and learning disabilities who explicitly, as per their care plans, cannot be left alone in their homes (or indeed alone in the community) for safety reasons. She works one to one with the person she is supporting, and no other staff members are available to relieve her. Some of them may inadvertently hurt themselves, or are vulnerable to abuse, or suffer from potentially fatal epileptic seizures. It is impossible for my fiancee to take a "break" from her work in the legal sense, and if she left anyone on their own it would be a clear case of a breach of duty of care and serious negligence. It should be noted that none of the Council's own support worker employees are also unable to take a break, as there is nobody available to cover their duties while they leave the site. As for the issue of compliance with the Council's policy/Working Time Regulations, the majority of her shift patterns never complies with the legal guidelines. For example, she is often booked for a PM shift finishing at 22:00, then a sleep shift, rolling over onto an AM shift starting at 07:00 and sometimes working well into the early afternoon. This pattern can repeat several times in a 7 day period. In addition, it seems like her pay conditions have been changed without her being asked to sign an updated contract. Any advice or guidance would be greatly appreciated at this early stage. It sounds very wrong to me, given the circumstances of her work. Thanks a lot!
  23. Hello , I have found this to be a great site giving invaluable help and advice and would like to ask if anyone can advise on my problem. I will keep it as brief as I can. I was employed for 6 years with a retailer who recently changed ownership. I was on a salary contract. I left last December to become a full time carer. In the summer of 2016 I had family problems and informed my employer I would be resigning. They were initially supportive and my manager said I could work a reduced schedule while I sorted my problems out. This was agreed for 3 months initially. I told my manager I would need to inform housing benefits etc if I reduced my hours. He told me I would be paid the same and not lose any money so I didn't change anything with my benefits. My employer continued to pay me my full salary. This arrangement went on for 5 months in the end. At the end of the 5 months I told them that I still had issues to deal with at home and again tendered my resignation. Again they offered me a different choice, stay on but at an hourly rate which I did for the next 2 months before finally resigning for good to become a full time carer. The problem is that the company now say they overpaid me for those initial 5 months and the manager is saying he never said I would be entitled to full pay. They have been getting Ascent legal to send me letters wanting nerly £4000 in overpayments back and have just send me a letter of claim threatening legal action. No official changes were made to my contract - I was salary paid so received a regular amount each month. If I wasn't led to believe I was entitled to full salary I would have claimed the benefits to make up the difference. I cant backdate them now I have told them this and queried why they paid me full salary for 5 months - they say they made a mistake and didn't notice. I did initially say if there was an overpayment I would pay it back at an affordable rate ( my I&e calculation only left me £10ish a month to offer in the event there was an overpayment. Sorry to ramble but if anyone has any advice I will be very grateful. I haven't benefited at all from this situation as I would have actually been better of either resigning as I intended or changing my contract officially to 15 hours and claiming benefits. Thank you if you can advise
  24. I was recently told that the department that I work in as a field engineer has been outsourced. The new company will take on all the staff contracts. I have been with the company for many years and would be happy to be made redundant, however they say that it is not possible as I either go over or will loose my job through choosing not to go. Is this correct or can I push for redundancy?
  25. I used to have a have a minimum waged (UK) job a few years ago. About 3 years after leaving, they're contacted me to tell me that I was underpaid. I am currently not working because I am recovering from an injury (about 2 years ago) so am on PIP and ESA benefits. I've emailed them to query this and they said its just for an hour's salary (which isn't much!) which will have to be taxed, so I am worried if I accept the amount it may somehow interfere with my benefits. Does anyone know if there is a possible risk of this, or since it's over a small amount, can I just not accept late payment? Thanks!
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