Long term casual worker and sending of P45

[steampowered]

I see the point you are making, but I respectfully disagree with your interpretation that you were "offered" a fixed term employment contract.

 

When evaluating the intentions of the parties, the courts would look at all the facts and circumstances in the round. The courts would try to work out what a reasonable observer would have understood as constituting the agreement of the parties.

 

I think the fact that your written signed contract expressly states that the employer can choose whether to offer you hours would determine the dispute. If the intention was to offer you a fixed term employment contract, rather than a contract allowing the employer to choose whether to offer you hours, that is what you would expect the contract to say. A clear, express statement in a formal written contract is almost always going to take precedence over separate vague alleged agreements.

 

There's not really anything more I can say, we may have to respectfully agree to disagree on this one. As you were advised by widewinder, if you do want to push this you could issue a claim through the MCOL system, but personally I do not think you would have a good chance of success if the employer decides to contest the claim.

[resources]

I never thought that an official fixed term contract which terminates on the expiry of a specific term was offered to me but that what was offered to me was rather a specific task which no end date i.e. a project. Anyway something should have been offered to me and accepted by me because my contract makes reference to offer and to acceptance and the principle of ‘offer and acceptance’ of contract law should apply to it

 

It is important to note that a contract could be oral or by email and not necessary in a document signed by the parties

[steampowered]

There is nothing I can add to my previous post resources.

[ericsbrother]

he doesnt want advice, he wants us to all agree his is much smarter than the people he has locked horns with over his employment, rental and college affairs. Well, if he truly belives the nonsense he writes why bother coming here and not just getting on with a court claim for the untold millions he so obviously deserves as recompense for the imaginary slights he has suffered.

Or it could be that he has "issues" as they say when being polite about mental health problems.

[resources]

I think that simply you are not able to reply to the legal issues raised by my thread but this is not a problem I invite you simply to carry on trying to find a reply to these legal issues

[sangie5952]

I think that simply you are not able to reply to the legal issues raised by my thread but this is not a problem I invite you simply to carry on trying to find a reply to these legal issues

 

How difficult is this to understand? Every single person had told you the same thing. THERE ARE NO LEGAL ISSUES. There is nothing to say because you refuse to accept this no matter what anyone says. You have wasted a lot of good people's time here and elsewhere. You are not cleverer than everyone else. You are simply blinder than than everyone else. It would appear that you are either very stupid, or you are deliberately baiting people by reprising the same useless phrases over and over again to see how long you can keep this going for. We don't need testing. We know what we are talking about. We can hold down employment for considerably longer than two days. Something you seem to find impossible to do. Does it make you feel big and important to act like some kind of guru and insult people by pretending they are stupid children who need teaching by you? Because here's a shock for you. You are acting like a pathetic infant who had been told they can't have more sweets. So I "invite" you to take a hike... Nobody here believes you. Nobody thinks you are clever. There must be another site you could go and annoy?

[honeybee13]

I think that simply you are not able to reply to the legal issues raised by my thread but this is not a problem I invite you simply to carry on trying to find a reply to these legal issues

 

Possibly now is the time to see a lawyer, resources, as you seem to have more or less worn out the advice here.

 

People have tried their best to advise you, but you don't seem to like the answers.

 

HB

[resources]

I would like to reply to 'Sangie595' that I do not understand what to say that someone is not able to reply to an issue has to do with insulting people. The issues raised by my thread are simply difficult and there is nothing to be ashamed off of not being able to reply to difficult issues. I think that 'Sangie595' is too touchy.

 

Difficult issues means also interesting issues because to succeed to reply to a challenging issue is rewarding

[AndyOrch]

Time for a break I think...Thread Closed.

 

Regards

 

Andy

[resources]

When we want to issue a claim to the Employment Tribunal we have to go through a compulsory early ACAS conciliation period. When this ACAS conciliation period ends ACAS issues a certificate which allows the claimant to issue a claim. There is a three-month limitation period to issue a claim to the Employment Tribunal. The claimant has an additional month after this certificate is issued to issue his claim.

 

I would like to know if we can still reach early conciliation with the employer through ACAS within this additional month after this certificate has been issued without the need to issue a claim to the Employment Tribunal or we have to issue a claim otherwise ACAS does not intervene anymore?

 

This is very important if we need more time to first try to reach a settlement with the employer using his internal procedure, if this is not possible to try to reach an ACAS early conciliation and if is not possible to issue a claim to the Employment Tribunal.

[BazzaS]

Potential respondees may find the information in the thread http://www.consumeractiongroup.co.uk/forum/showthread.php?473674-Zero-hours-contract-offer-acceptance-withdrawal-of-offer&p=4989203#post4989203 useful, when considering:

a) their reply, and (more importantly??)

b) if it is even worth replying.

 

Is the OP looking for a one word answer? or to start another argument??.

Ohh, no doubt they'll dress it up as "I want help" and "its a real situation", and "I want an answer, and then when I disagree I'll want you to give the basis for your answer" ...... but look at that thread (and their posting history!). If they don't hear what they want, they just argue some more, never discussing ... just contradicting. Beware.

[BazzaS]

Issue the claim if you are approaching the time limit, to avoid being time barred. You can still negotiate, and withdraw the claim if negotiation isn't successful.

 

There, you've got your answer.

No, I won't enter into further discussion with the OP (and I advise caution for anyone else who might .....).

 

 

 

BTW, I'll happily discuss it further with any of the forum regulars if they disagree (as I may learn something new.....), and they'll no doubt back up their stance with a rationale.

[sangie5952]

I agree with you and so I won't be correcting anything,

including the fact that there is no real point in addressing anything to the OP.

 

 

But happy to discuss anything you like!

 

 

Personally, I think it's getting cold, don't you?

[resources]

This thread is a different matter that my previous thread.

 

I have submitted an Early Conciliation notification form and an ACAS conciliator has been appointed.

 

However the problem that I have is that I am still negotiating with my employer to find a settlement and I do not want that the ACAS conciliator contacts my employer as long as I am still negotiating with him because I do not want he knows that I have already approached ACAS because this could be considered as hostile. The problem is that we are coming close to the one month deadline after which the ACAS conciliator has to issue a certificate. It is why I would like to know in case my negotiation fails with my employer if I can still ask to my ACAS conciliator to contact my employer to try to find an early conciliation even if this certificate has been issued without the need to issue a claim because to issue a claim even if I withdraw it will cost money and could be seen as hostile by my employer.

[sangie5952]

And it begins....

 

You have your answer.

[Sidewinder]

Quote - from ACAS

 

"There’s a time limit to make an Employment Tribunal claim usually of

three months which pauses if you engage in Acas Early Conciliation.

However conciliation doesnt stop there. You can contact Acas for

conciliation before you lodge the Employment Tribunal claim, and up to

the point of an Employment Tribunal hearing"

[resources]

Thank you. It was the answer that I needed. This is an extract of a unique document found in the following website

 

http://www.acas.org.uk/media/pdf/c/h/Early-Conciliation-flowchart.pdf

[resources]

I have seen complaint procedures of educational institutions having up to three or more stages. I would like to know why complaint procedures have so many stages?

[resources]

I do not understand why you have put my new thread at the end of my previous old threads.

 

 

My new thread has not nothing to do with my previous old threads.

 

 

I would be grateful to you if you can separate my new thread from my old threads otherwise people will get confused

[honeybee13]

I have seen complaint procedures of educational institutions having up to three or more stages. I would like to know why complaint procedures have so many stages?

 

Hello there.

 

Have you posted about this before, please?

 

HB

[Emmzzi]

I have seen complaint procedures of educational institutions having up to three or more stages. I would like to know why complaint procedures have so many stages?

 

Because they are following ACAS guidelines. Informal, 2 x formal, and an appeal, usually.

[resources]

It is a different thread and I would like you separate it from my other threads. The reason is that ACAS concerns employer and has nothing to do with educational institutions (I am a student and not a teacher). My thread about ACAS concerns old cases and I have moved on since.

 

I would like to provide the following additional information concerning my new thread:

 

The problem that I have is that I have started the complaint procedure but my educational institution has processed it only through two stages even though the complaint procedure has three stages.

 

What has happened if that during stage 2 the manager who should have replied to my complaint was not available and it was the manager which is involved in stage 3 who replied to me under stage 2. The consequence is that there is no manager of a higher seniority to reply to my further complaint under stage 3. Therefore my educational institution refuses to reply to my further complaint under stage 3.

 

I would like to know what to tell to my educational institution to convince it that it has a duty to comply fully with its own complaint procedure by processing my complaint through three stages and not only two if necessary by asking to a manager of another department to reply to my further complaint under stage 2 because there is nobody in my department of a higher seniority than the manager who already replied to my complaint under stage 2. Otherwise my complaint would not be fairly processed

[sangie5952]

It is probably here so that people don't waste a lot of time.

 

You seem to spend a lot of time arguing with everyone.

 

 

In your employment, here, in your new course...

You might want to think about reflecting on why that is.

 

This matter is between you and the educational institution.

Look at whatever contract you may have with them.

That's all there is.

[dx100uk]

ok well we'll run with it

new thread created

but if it turns out it is related like your 5 other threads that had to be each merged with the existing p45 thread your have

we certainly wont be pleased

[Emmzzi]

I assume this is a formal grievance? If, for expediency, they have taken out a step in the process, and your case has already been reviewed by the highest ranking authority, then any points about not following an exact documented process are pedantry. Time to let it go.