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Can anyone advise on whether the following is a valid Pilon clause and therefore imediatly dissmiss under the contract?

 

The company policy is to pay the the statutoury maximunm redundancy payment. Whether or not the notice period will be worked will be at the company discretion.

 

Regards


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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depends what the notice period is. For example, you may work in a school and have to give 1 terms notice but only get 3 weeks redundancy pay for being there 3 years so that wouldnt be right. generally though a month's notice in either direction is usual so as long as when they pay the redundancy they make sure that they pay for the notice period it is up to them as to whether you get gardening leave or have to spend a month doing the washing up in their tea room because they dont want you talking to their clients....

Can they dismiss under contract? Well, if they make you redundant they still have rules to follow and one of those is either paying you in lieu or making you work out the notice period. Their choice. From what you say it sounds like dismissal dressed up. How many people are affected? If just you then worry.

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It's poorly drafted but yes, it legally works.

 

So if you had a months notice under your contract, they could either summarily dismiss you and pay an extra months pay in lieu, or give you a months notice and require you to work it.

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Hello

 

I wish to see the legal advice a Trade Union relied upon which resulted on them refusing to fund an unfair dismissal claim.

I have submitted a DSAR, but the legal officer has stated that they are not going to supply the data due to legal privilege exemption.

 

Am I snookered?

 

Thanks

PW


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hello

 

I wish to see the legal advice a Trade Union relied upon which resulted on them refusing to fund an unfair dismissal claim.

I have submitted a DSAR, but the legal officer has stated that they are not going to supply the data due to legal privilege exemption.

 

Am I snookered?

 

Thanks

PW


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I thought that applied to FOI requests?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I thought that applied to FOI requests?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

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I thought that applied to FOI requests?

 

It applies to DSARs but, not sure to what extent.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I thought that applied to FOI requests?

 

It applies to DSARs but, not sure to what extent.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Legal privilege will override a DSAR.

 

https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf - This is the ICO code of practice for Data Controllers to deal with such requests. Page 46 refers to disclosure exemption due to Legal Privilege.

 

From what you describe the information you seek will fall under the category of Advice Privilege. I think your only hope would be to argue that the information is not privileged. For a definition of advice privilege the relevant case is (I think) Three Rivers District Council v Bank of England (2004).

 

However, it sounds like the Union were seeking advice on their own contractual obligations (i.e. whether or not they have to fund your litigation), which, in my view, is almost certainly going to fall under the category of advice privilege.

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Legal privilege will override a DSAR.

 

https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf - This is the ICO code of practice for Data Controllers to deal with such requests. Page 46 refers to disclosure exemption due to Legal Privilege.

 

From what you describe the information you seek will fall under the category of Advice Privilege. I think your only hope would be to argue that the information is not privileged. For a definition of advice privilege the relevant case is (I think) Three Rivers District Council v Bank of England (2004).

 

However, it sounds like the Union were seeking advice on their own contractual obligations (i.e. whether or not they have to fund your litigation), which, in my view, is almost certainly going to fall under the category of advice privilege.

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Legal privilege will override a DSAR.

 

https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf - This is the ICO code of practice for Data Controllers to deal with such requests. Page 46 refers to disclosure exemption due to Legal Privilege.

 

From what you describe the information you seek will fall under the category of Advice Privilege. I think your only hope would be to argue that the information is not privileged. For a definition of advice privilege the relevant case is (I think) Three Rivers District Council v Bank of England (2004).

 

However, it sounds like the Union were seeking advice on their own contractual obligations (i.e. whether or not they have to fund your litigation), which, in my view, is almost certainly going to fall under the category of advice privilege.

 

Thanks.

 

I think I'm snookered, ill find out when the ICO give advice to my complaint.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Legal privilege will override a DSAR.

 

https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf - This is the ICO code of practice for Data Controllers to deal with such requests. Page 46 refers to disclosure exemption due to Legal Privilege.

 

From what you describe the information you seek will fall under the category of Advice Privilege. I think your only hope would be to argue that the information is not privileged. For a definition of advice privilege the relevant case is (I think) Three Rivers District Council v Bank of England (2004).

 

However, it sounds like the Union were seeking advice on their own contractual obligations (i.e. whether or not they have to fund your litigation), which, in my view, is almost certainly going to fall under the category of advice privilege.

 

Thanks.

 

I think I'm snookered, ill find out when the ICO give advice to my complaint.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Thanks.

 

I think I'm snookered, ill find out when the ICO give advice to my complaint.

 

I think so but no harm in waiting for the ICO to respond as you suggest.

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Thanks.

 

I think I'm snookered, ill find out when the ICO give advice to my complaint.

 

I think so but no harm in waiting for the ICO to respond as you suggest.

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The issue is that I was unfairly dismissed by reason of redundancy in June 2106. The Union say that a solicitor reviewed the case and advised against the union funding a tribunal claim.

 

I knew the claim was a winner so submitted a grievance to the regional secretary and subsequently met the legal officer who agreed id got a good case. My claim was then sent to employment solicitors and eventually the matter was resolved shortly before the start of a 5 day trial.

 

I have a feeling that the initial review never took place by an employment solicitor and this is why the union will not provide the reasoning why i was initialy declined support.

 

Cheers


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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The issue is that I was unfairly dismissed by reason of redundancy in June 2106. The Union say that a solicitor reviewed the case and advised against the union funding a tribunal claim.

 

I knew the claim was a winner so submitted a grievance to the regional secretary and subsequently met the legal officer who agreed id got a good case. My claim was then sent to employment solicitors and eventually the matter was resolved shortly before the start of a 5 day trial.

 

I have a feeling that the initial review never took place by an employment solicitor and this is why the union will not provide the reasoning why i was initialy declined support.

 

Cheers


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Paul..... I think your thread would be better placed in the Employment forum to gain more qualified responses and advice how to handle this.

 

If you are in agreement I will move or copy this thread to that forum ?

 

Regards

 

Andy


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

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Paul..... I think your thread would be better placed in the Employment forum to gain more qualified responses and advice how to handle this.

 

If you are in agreement I will move or copy this thread to that forum ?

 

Regards

 

Andy


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

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