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    • Hi,   My friend was being bullied by a manager who kept saying that anonymous people were complaining about her, she is asian and the minority where she works, she raised concerns in her meeting that she felt it had something to do with her race and gets treated differently to the rest of her colleagues due to off the cuff comments previously made and was told by her manager that as a minority she has to prove herself more as a minority in life and thats unfortunately the way it is. Following on from this they’re were more anonymous complaints all revolving around her attitude when speaking to the anonymous individual(s), she then had a meeting with hr initiated by her managwe and expressed her concerns, no outcome was given as the hr person said it was informal and a week later she has been told that she is being made redundant, my question is there were no specific incidents mentioned and my friend is still confused exactly how this came about but suspects it’s her manager who has taken a disliking to her, is this lawful?
    • Thanks for advice . I have spoken to the ICO , and their opinion is that there “may “ be cause for complaint . In the first instance I should write to the hospital (CEO)citing GDPR, giving them 30 days to respond . If the response is not to my satisfaction , then back to the ICO to raise a formal complaint . The ICO also suggested copying in the GMC with the complaint , I feel at present that is one step too far , perhaps I will sit on that until I get a reply from the hospital.
    • Thanks ethel and stu007   Yes, we had the kerb double dropped so me and my partner can park off the road. Before , just had one, and idiot would park in middle of properties so couldn't fit two cars on road outside. Has been issued a good 3 or 4 PCNs for obstructing since done. Its the back of the car, sometimes as far as a wheel but has a long boot/bumper which hangs over, so its not fully over. Recently seems to be as far as can without getting a ticket.   CCTV - shall read up thanks. Oh also, when I say 5 CCTV, that is 4 on property (100% out of boundary) and 1 in car which is lit up all night.   Does this count as harassment? The initial start of this thread, about 6 threatening letters asking me to pay for vehicle damage or court (nothing came of this) The constant parking annoyance (going on a couple of years) The loud music, witnessed by Env heath officer but not quite loud enough for notice, so letters sent. Paint 'accidentally' spilled on road outside my property (because was parked over our drive at time) Letters about rubbish outside my own garage at rear of properties and the 4 screws attaching bamboo to his fence. Then reported me for fly tipping, didnt go anywhere as officer agreed wasn't causing an issue. I have since sorted the screws and bamboo and idiots fence is literally falling apart. Concreting over 1/4 of my grass in rear lane whilst doing own part. Stupid things like having a BBQ and the parasol sticking way over the fence into my garden. All very subtle and annoying things to cause issues, without quite breaking the law.   The council are aware and claim powerless as own properties and the police pretty much are not interested.   What can be done?    Cheers   E!              
    • Hi, any thoughts on this would be greatful, will send tomorrow i think.. letter_15th_oct.pdf
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JacquiDee

Unfair Dismissal - Help Required!

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Good Morning!

I'm trying to help a friend of mine who is experiencing some issues at work and he has asked me to draft a letter to his employer regarding this.

Basically my friend is a Sales Manager, Director and Company Secretary of quite a large firm. The firm has been struggling and as a result the MD has been blaming my friend for a downturn in available work for the firm.

 

On 2 occasions the MD has insisted my friend come into the office for a Performance Review - this is not conducted formally but arranged verbally over the phone often with the review being held on the same day. He is not allowed details of the reasons for the discussion or the right to representation - At the end of which he has to sign a form saying a review has taken place.

On Friday the MD called my Friend for details of his activity for the day, it was recorded and rather disturbing – the MD interrupts my friend and start swearing at him and calling him names and then hangs up!

30/11/2012 at 20:59pm “had enough of this you have two company cars bring them into the office with your phone and all company stuff laptops etc, Accounts stop his credit card and fuel card NOW”

My friend has responded via text asking for the opportunity to discuss the matter, and has also attempted to call the MD; the only response from the MD was again via text 30/11/2012 at 21:11 “all money outstanding must be held back till firms stuff is returned in FULL! Keys and uniform tools everything!”

 

The MD has also stopped my friends Salary payment due for November My friend has a wife and 5 Children to support. And will not communicate with my friend other than in text form, my friend has also received no written communication.

01/12/2012 at 15:28 From MD “I am all done with your talking! You have had warning after warning the time for talking is long over”

Also on Monday 03/12/12 at 6pm the MD sent two Engineers from the company out to my friends house to collect company laptop, phone and car etc – no prior warning was giving and this was extremely distressing to my friend and his family – so much so that he declined to let them enter his home and contacted the police.

So basically I’m asking for any tips / templates of what I should write? My friend has worked at this company for over 7 years.

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Hello and welcome to CAG. I'm sorry to hear about your friend's problems.

 

I don't know if we'll have templates for this, as every employment issue is subtly different.

 

It sounds to me as if the MD hasn't acted correctly, but I hope the forum guys will be along later with guidance for you. With-holding salary is rarely justifiable from what I've read here, is that you main priority at this stage?

 

My best, HB


Illegitimi non carborundum

 

 

 

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Thank you for your reply and welcome :-) - Basically my friend just needs to know where he stands, I believe some formal communication needs to be made in writing and just need guidance in what to put really.

 

As far as i'm aware you cannot dismiss someone via text message - so do I need to know if I approach it from an unfair dismissal point of view? But on the other side no direct communication has been made saying he has been dismissed - so do I put in a letter ascertaining the status of his contract?

 

Thank you

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you need to send a letter by either email or recorded delivery to confirm if his/her contract of employment has been terminated

 

request in it also confirmation when any outstanding pay ,holiday pay, pay in lieu of notice will be credited into your bank account

 

if your friend has been working for more than 12 months then i would consider a claim to the employment tribunal service but you must go through the formalities first, keep all letters, emails etc

 

you have three months less one day from the time the contract was terminated to bring a claim, so get those letters,emails sent and update your thread on any reply

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Hi Squaddie,

 

Thank you so much for your response!

 

Would this be an adequate letter to send to the employer:

 

Ref: Contract of Employment

I write regarding my employment with your organisation and outstanding payments owed to me pertaining to this: which have been withheld.

It is unclear to me the status of my employment following only text message communications received from the organisation and the unavailability of the company to respond to my queries directly.

I would also like to note that I have had no formal written notification outlining any changes to my Terms and Conditions of Employment.

It would be appreciated if you could confirm to me the following as soon as reasonably possible:

· My current employment status

· The reasons for withholding my salary payment, and when payment will be made to rectify this

Following receipt of the above information I will respond directly to arrange a convenient time for this to be discussed in a formal manner.

I look forward to hearing from you.

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Yes, enough to get the ball rolling. If ur friend hasnt had any written confirmation re status and the company have dismissed him then it sounds a strong case for wrongful dismissal.

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Hi

 

Spot on Squaddie exactly what i was thinking from what has been written it seem that no Disciplinary procedure has taken place, and what specific warnings after warning has the OP had which the MD refers to.

 

You really need to write to the employer (always get proof of posting and keep a good paper trail) and ask for clarification if the company is ending your contract of employment as so far that seems the actions of the MD without any written correspondence to confirm this course of action nor under which company policy/procedure this has taken place.

 

* 30/11/2012 at 20:59pm MD contacts me by (phone/text) informing me that I have to return company cars and all company equipment and that his accounts,credit card, fuel card etc have been stopped.

 

* 01/12/2012 at 15:28 MD contacts me again by (phone/text) verbally inform me that “I am all done with your talking! You have had warning after warning the time for talking is long over.

 

* 03/12/12 at 6pm the MD sent two Engineers from the company out to my house to collect company laptop, phone and car etc with no prior warning.

 

* Clarification for the reasons for the salary payment due being witheld by employer.

 

I would also like to request copies of the following documents:

 

1. Disciplinary & Grievance Policy and Procedure.

2. Performance monitoring Policy and Procedure. (if they have one?)

3. Copy of your personal Training Record.

4. Copy of all Performance Reviews.

 

This is the link to ACAS Website: www.acas.org.uk/

 

and these PDFs from ACAS:

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thank you so much for sharing your knowledge with me!

 

Is the below an adequate letter to send to the employer today?

 

Ref: Contract of Employment

 

I write regarding my employment with your organisation and ask for clarification if the company is terminating my contract of employment.

Below outlines the only communications I have received from the company pertaining to my employment:

 

* 30/11/2012 at 20:59 MD contacts me by text informing me that I have to “return company cars and all company equipment and that his accounts, credit card, fuel card etc have been stopped”.

 

* 01/12/2012 at 15:28 MD contacts me again by text “I am all done with your talking! You have had warning after warning the time for talking is long over”.

 

* 03/12/12 at approximately 18:00 the MD sent two Engineers from the Company out to my house to collect company laptop, phone and car etc with no prior warning.

 

It would be appreciated if you could provide to me in writing the following as soon as reasonably possible:

 

· My Employment Status

· The reasons for the salary payment due being withheld.

· Copy of the Companies Disciplinary & Grievance Policy and Procedure

· Copy of the Companies Performance monitoring Policy and Procedure

· Copy of my personal Training record

· Copy of all Performance Reviews

Following receipt of the above information I will respond directly to arrange a convenient time for the above to be discussed in a formal manner

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Hi

 

I would say your letter is fine the only addition I would add:

 

Clarification for the reason that your salary is being withheld.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Excellent - Thank you so much!

 

I will update with responses when received.

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Just an update - The MD has contact the police regarding outstanding company property and they attended my friends house today demanding possession of the company car!

 

He has explained the situation to the office and the officer has given him until Friday to provide the car.

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Hi

 

So they are playing hardball when you are still unaware of your employment status mmmm.

 

Didnt want to post this PDF from ACAS yet but will do:


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Hi

 

@ transient please check post #11 thats the latest update


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Thanks Stu, thought there might be some more looking at how quick the situation has escalated thus far

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Does your friend have an employment contract? What does it say about the company car?

 

This is quite a complicated situation. I can see a lot of potential issues here. I think it would be worth seeing an employment solicitor about this. Many offer free first meetings.


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I hate to throw a spanner in the works.... But from researching my ET case I recall there are some very different rules associated with Directors/C.Sec's etc! IMHO your friend would be far better off getting some expert legal advice (Look for a Companies Specialist in your area via an Online search) because (I think) there are stricter time restraints and harsher penalties involved with Directors situations. Hope he gets on OK though - Good Luck!

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Hey

 

I was recently successful with my claim against previous employer.

 

Your friend may be the director etc but he is still employed by the company and has the right to claim unfair dismissal etc just like a non executive employee.

 

I also recall reading that executive positions require a lil more specialised knowledge of the system as these executive/director positions can commence without any formal contract being draughted, a take it or leave it scenario. If there is no formal contract then this benefits your friend as there are certain valuable common law rights that formal contracts overide.

 

You dont want your friend to all of a sudden be requesting a copy of a contract etc that may hinder a more succesful claim.

 

I am certainly not claiming to be an expert but having just gone through the whole ET process avoid ACAS and get straight to a specialised solicitor.

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