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Found 17 results

  1. If a couple have a joint JSA claim and the one who doesn't sign on (i.e not the lead claimant) goes abroad for a few weeks does this trigger migration to UC, either on leaving or returning?
  2. I am a little concerned as I have insured a friend to drive for me whilst I have an ankle injury. We was heading down a dual carriageway where roadworks were happening, lots of cones throughout this 2 or 3 mile stretch which is usually 60 in to a 70mph zone. To be fair he stuck to 40mph for the majority of the road, however there were only three signs stating maximum speed as 40, these were yellow signs with just text and not the usual type, also not the easiest to see as it was raining and there were tons of differing signs. These only covered the first 1/4 of the dual road which had now been coned off in to a single, once we got most of the way down the road he started to put his foot down as there was a 'no stopping, end' sign which he SOMEHOW mistook for an end of roadworks sign. I asked him why he was returning to the usual speed limit of the road, then he realised and slowed down. Now the reason I am worried is because I did see someone with an item in their hands, although likely one of the workers with a tool but I am super paranoid. We drove it back around to have another look, couldn't confirm this. We did notice though even after the road returned to a dual carriageway that there was nothing to say the speed limit had returned to normal. This was quite late at night, around 11pm? I know there were no fixed cameras, I am just extremely worried about the speed guns. If what I saw was in fact a speed gun, would we have been stopped immediately? Does he have any reasonable explanation, should signs have been implemented for most of the road? Also if it was a speed gun and he happened be going 20+ over the limit, how long would contact take? Sorry about my English, its my second language. Thanks!
  3. Hi Just after some good advice if anyone can help. I received a PCN about 2 weeks ago for parking in a street with temporary restrictions. The town is Tenby in SW Wales and an Ironman event was going on. I challenged the PCN on the basis that to me, there appeared to be no restrictions in place where I parked. There were no yellow lines anywhere near my vehicle and although there were temporary yellow signs strapped to lampposts, the nearest one was around 50 yards from my car and I was not between any of them. I took photos and supplied them with my challenge. The challenge has been rejected. Have I got any grounds to appeal this? Its only a £35 fine if I pay within about 2 weeks. An extract from the challenge rejection letter says: "I note from your letter you say you had ensured you had parked where there were no restrictions. I also note you say you di not park on yellow lines. I also note you say the nearest sign showing a restriction was 50 yards away. However, the restriction was clearly shown throughout the area, (please see attached photograph). It is the driver’s responsibility to ensure that they check for signage and are aware of restrictions before leaving their vehicle. Unfortunately your reasons are therefore not accepted as grounds for cancellation of the Penalty Charge Notice." The photo that they have sent me is attached. The vehicle in the photo is not mine and this sign must have been at least 50 yards from my car.
  4. Hello, I am in a position whereby I am about to arrange either a trust deed or DAS. I haven't signed anything as yet. My circumstances are now about to change in that our empty house has finally sold so once this exchanges, not only will i be better off financially as I will have no mortgage and insurances to pay (was paying rent and mortgage which meant we couldn't meet credit card payments), I will also be able to pay a good chunk off my debt. I don't know what the best option is as once the house completes, I can pay way more than the minimum payments are and finally get things paid off. At the moment for the next few months i still have mortgage to pay for and can't afford minimum payments. Can you enter a DMP for say 4 months? Or is it worth just contacting my creditors to explain the situation and see if they will allow lower payments until the house exchanges? Just trying to decide what the best option is with the least damage to my credit score. I have only just cancelled direct debits for minimum payments and am late with one payment so far. I can afford to make some payment towards the minimum payments but not full. Thanks
  5. Hello good people, I'm receiving ESA, the higher element and am also living in a property supplied by my local London Borough costed as Temporary Emergency Housing since my break down in 2012. I've been offered a 'break', a holiday of sorts in Broadstairs on the Kent Coast next month for five days. No cash just a stay outside of town no remuneration. Although I've seen little activity regarding the Council, Brent, checking on my personal occupational life, in Haringey, I don't want to give the paying authority for my HB any excuse to cut me off at the knees! Help and advice would be welcome, Peter. PS should probably have posted under a pseudonym but I'm trying to stay above the radar.
  6. An employee (bus driver) where I work lost hearing in one ear and was duly told by the employer that he willnot be able to drive buses, so they gave him a temporaty job helping the engineers until his hearing returned. He has been helping out with the engineering team for over 2 years now. All of a sudden, he gets a disciplinary letter stating that if he cannot come up with an acceptable reason as to why he can't drive buses, then he will be dismissed from his employ. I am on the understanding that after 12 weeks of doing this other job, there is an "Implied Terms of Contract". Am I correct? I am under the impression that the company cannot just dismiss him due to him doing this other job for over 2 years, and that the company has to give him the required amount of notice to quit, which should be 2 weeks notice for the 2 years he has been doing the job, or would it have to be 1 week for each full year the employee has been employed by the company(around 12 years)?. As the employee has been doing this other job for over 2 years, I am on the understanding that the company would find it hard to prove the employee is not capable of doing the job. Any help on this issue would be greatly appreciated, as I have been asked to represent the employee at his disciplinary. I will be asking for an adjournment as I want to investigate this matter further with regards to wether or not he has another contract and signed it, has he been told he is not capable of doing the job,even after 2+ years, has he got any medical proof thta his hearing is still affected, does the employer have a Capability Policy etc.
  7. Hey all, two quick questions A restaurant I work in will be closing for a refurbishment, we've been told we may get hours at other stores but it's not a definate. Apparently they are allowed to simply not schedule any hours...since they will do whatever they can to weasel out of it, my question is how much notice do we need to be given? Second question, In the papers recently people are talking about claims for holidaypay earned on overtime, will this only apply to salried employers or 0 hour contracts as well and is it right that if you dont claim before july you can then only go back two years, how do you go about putting in a claim? Thanks in advance guys!! x
  8. Hi People, I have been on the NHS temporary staffing for over 4 years and working full time during this time for 37.5 hours each week. I understand that I should have the same rights as a full time employee now since I have been on the temp bank for this long. I have been sick for 3 days over Christmas with the flu and I have been told that i am not entitled to any sick pay as I am only entitled to SSP if I have been sick for 4 or more days and because I am a temporary worker I am do not qualify for occupational sick pay. Is this correct and legal???
  9. Hi, I have been working for a contract company since Sept-13, I was employed on a fixed term, 12 month, term time contract. When the contract expired we were waiting to find out if the company had won the tender for another year but it was dragging on and on so the manager said our contracts would roll on. Apparently all staff are only ever offered 12 month contracts which I understand, and this is fine. However me and the girl who started with me and on the same terms, have been "let go" because apparently we are "the only temporary staff". I can't understand how this can be the case, surely all staff are the same? Also, I work a set amount of weeks per year and they restarted the count after my 12 month expiry and so IMO it was implied I would continue to work there for another year. We were told even if current company did not win the contract we would transfer to the new one over TUPE. Turns out they didn't win the contract and our details were in the TUPE paperwork but we've now been told we were temporary (news to me) and no longer required. There is an element of nepotism here as the boss' son who worked PT has now been given FT hours (he wanted this) so basically, how can they say I was not required when they've given him my hours? Conveniently this is just in time for the new company taking over. He has worked there for 3 years and he changed his job role/hours a few months ago which boss denies (?!) Can anyone give their thoughts on this? I think this is very dodgy and I'm not sure it is legal?
  10. I am self employed and my earnings vary a lot often for a short period oftime. My housing benefit claim was already close once because my earnings weretoo high. However the problem is that my earnings vary a lot often for asmall period of time and it is inconvenient for me to make a new claim forhousing benefit each time my earnings vary. I would like to know how to explainmy situation to the housing benefit department to avoid that my claim is closedeach time my earnings vary temporarily I would like to know if there is a specific law for self employer or if I have to file a specific form
  11. Hi All I have got caught going 57mph in a 50mph average speed camera in the UK. I have been reading online that a lot of these are not actually legal or enforceable, as they are quick, temporary, changeable and have not been passed through parliament. Is there any way I can check if this is linked to the camera I went through? I also read that they may not have a set speed limit in the legislation - i.e the camera's can be set between 50 and 60mph, and in this case they are not enforcable? Is there any way to check? It was on the M5
  12. Hello, I was travelling to London from Leicester on Saturday 7th June 2014. I went through several M1 southbound road works and mostly kept up with packs of motor cars and only checked my speed gauge at the beginning of the road works to ensure I complied. There were two occasions when I had to overtake, once when a driver was down to 40mph and created a huge gap ahead with a long line of tailback. The second time was when the driver ahead of me was texting on the mobile and at times quite erratic, the lanes being quite narrow and so choosing a moment of safety I rushed to overtake. Please see attached[ATTACH=CONFIG]52002[/ATTACH] "Notice of intended prosecution" dated 11th June 2014 but actually received 18th June 2014. I have not responded yet and seek advise as to what action I should take from hereon. I do not exceed speed limits. I have clean driving licence.
  13. Hi, i am looking for some information and i cant really find any for my particular situation. In September 2013 i started work for a company and signed a temporary contract for 9 months. At interview i made it clear i was really looking for a permanent job. I was told by the boss that he had to justify to the board the taking on of any perm people and this was not available at that time, fair enough I said. So i was of the opinion that no perm contracts were available. After a meeting with the boss around January he verbally assured me a long term sick was not coming back and that was my opening to be made permanent, great! Fast forward to Feb and 4 new staff are taken on, whilst 3 were 'bank' staff, the 4th i found out has been given a permanent contract. I was obviously upset that i had been overlooked for the permanent job and i was told by the boss that he would look at my contract. To date, nothing has been said since and Im now thinking im about to be made unemployed as work is now slower than it was several months ago, so i think i am going to be told its 'not justifiable' again, to make me permanent. Is there anything i can do about this? I dont know if it makes any difference but the man that got made permanent is Polish. As a footnote, i have been praised by the boss for my work standards, i have settled into my role really well, and have a repuation as a hard worker that is reliable. Any info thankyou.
  14. Hi all, I have been on a temporary contract with my current employer since June 2013. The contract is to expire in December. The employer changed the way we provide the service which involved creating new teams, change of responsibilities and teams for all employees. All permanent employers were offered an opportunity to express 2 preferences which team they want to go. Every staff group (admins, support workers, managers etc) were asked to express their preferences in turn. Temporary workers were not offered the same opportunity. Instead, we were offered internal interviews (if successful, to be upgraded to permanent posts) and then allocated to vacant posts. I expressed my preference during the interview, but was told in feedback that there were no vacancies in this team (which I know is not true as someone is leaving in November) and, subsequently, I was offered a job, which I would never consider applying for if I had a choice. I was very surprised with this choice as there were emails exchanged and discussions on a senior level that I could (not would, though) be allocated to a team of my preference. The job I'm doing now is making me stressed to the point that I had to take two days off. I am meeting a senior manager tomorrow for an informal discussion to talk about who, why, and how it was decided that I would be allocated this vacancy. I am going to tell them that it is making me stressed to the point that I cried first two days at work and I am considering handing in my notice/not signing a new contract after my temporary one :???:expires. My question is - under the 12 week rule, shouldn't the temporary workers be offered equal treatment and therefore the same preference exercise? We were not agency workers, but working for the same employer, but on temporary contracts. Legally, have I got any leg to stand on?
  15. Good afternoon. Last week I was given a penalty charge notice by Islington Council for parking in a suspended residents' parking bay. I wasn't very happy about the pcn for a few reasons: -The signs were only put up the day before the suspension. The council claim they went up ten days before, I'm pretty sure they didn't but obviously can't prove it. -The council put some cones up around the area to be suspended the night before the suspension. My car was outside of the coned off area. I raised this in my initial appeal but the officer appears to have ignored it. -(Retrospectively) I've read elsewhere on this forum that parking can only be suspended using authorised sigsn, and the sign used in this case does not match the authorised sign I've seen for Islington. I've copied out below my initial appeal and the council's reply. As I understand waiting to appeal again would mean I ended up paying the £130 instead of £65 fine, I'd be very grateful for any comments on how likely future appeals might be to suceed - if I don't have a case I'd rather know so I can pay up now. Thanks! Re: PCN IS288xxxx Dear Islington Appeals I’m writing in relation to the penalty charge notice identified above. I wish to appeal against the charge on two grounds: 1) The PCN was issued in relation to a parking suspension. Notice was only given of the parking suspension on the day before it came into force. As I do not use my car in the week, I had no opportunity to observe the warning notices or to move to my car. Specifically I parked my car on the evening of the 10th of February, at which time no notices were in place, and the suspension began on the morning of the 12th. The Islington Council website states that: “Where possible, 10 days notice will be given for residential parking”, this clearly was not the case on this occasion. 2) The Islington Council website further states that “Time plates will be covered by yellow hoods (or the area coned off) on the first day of the suspension, and will be removed when the suspension is over.” Although cones were in place during the suspension, my car was outside the coned off area. I therefore do not consider that my vehicle was inside the area of suspended parking. I’d be grateful if you could withdraw the ticket. Kind regards Chris And the reply: Dear Mr xxx Penalty Charge Notice No. IS288xxxxx Date of Issue 12/02/2013 at 09:17 Location of Contravention xxx, N19 Thank you for your email regarding the above Penalty Charge Notice (PCN) which was recently received at this office. The PCN was issued because the vehicle was parked in a suspended parking place. The yellow notices next to the parking bay clearly stated that parking was suspended from 8:30 to 18:30 on 12 February 2013. The vehicle was parked in close proximity to one of the signs. You have stated that there was only a day's notice of the parking suspension. However, I can confirm that the notices were put in place on 02 February 2013. They are usually attached to the time plate/s relevant to the bay. It is your responsibility as the driver to check the signage for parking suspensions and changes to parking restrictions. I have also noted your query regarding why a yellow hood covering the time plates. I can advise that this only occurs when parking in the entire bay is suspended. On this occasion, only the spaces outside numbers 6-8 were suspended. As the PCN was issued correctly, payment is now due. I have decided that we can accept the discounted amount of £65.00 provided we receive that before 08 March 2013. Please bear in mind that on that date the charge will increase to £130.00. If you wish to continue to contest the matter, the next stage is that a Notice to Owner will be sent to the person responsible for the penalty charge. This is a necessary legal step and further correspondence will only delay this process. The Notice to Owner will establish liability for the PCN and the grounds under which representations may be made. If representations are made at this stage and they are rejected, there will be the right of appeal to the independent adjudicator at the Parking & Traffic Appeals Service. Attached images: [ATTACH=CONFIG]41767[/ATTACH][ATTACH=CONFIG]41768[/ATTACH][ATTACH=CONFIG]41769[/ATTACH][ATTACH=CONFIG]41770[/ATTACH]
  16. Hi I presently have a fulltime job, but I wish to leave as the amount of stress has been making me ill, consequently I am now off sick. The job has changed greatly and more and more workload is being added all the time. I have had a meeting with my line manager, but they are not willing to change anything, so I know that the job won't get any better. I have been offered the possibility of working a temporary job for the run up to Christmas. It's a job that I did when I was at university, so I know what it will entail, but it will definitely end at Christmas. I would be willing to work my notice with the permanent job as well as working the temporary job, due to shifts, but after the Christmas period I would be unemployed, though I would be actively hunting another job, even if it's another temporary position. My concern is, would I be able to sign on and receive JSA, as my last job would have been a temporary one that ran its course, but I had left a permanent job for it? Obviously I wouldn't be intending to be receiving JSA for long, but you cannot be certain of how long it would take to get the next job.
  17. A friend of mine has worked for the same constuction company for 6 years. On Monday he was handed a written contract for him to sign (he never had a written contract or Statement of Employment Particulars before) which includes "The Company reserves the right to introduce a period of temporary lay-off without pay where necessary". Can they do this?
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