Contract advice required

[Emmzzi]

what was the allowance *for*, and are you still doing the thing it is for?

[Emmzzi]

20 minutes ago, nicurro said:

The allowance incorporated various aspects including experience , knowledge ,   adaptability but the exact detail is not known, I am still employed under the same title but poor health has meant that my duties had to change.

 

Nic

 

Sadly that is not going to help you much. It would be much easier if it was something like a night shift allowance. If you don't have detailed documentation of it, I am afraid that is going to be difficult to defend.

[Emmzzi]

you could pop in a SAR and see if they have a personnel file with details of the allowance? Long shot...

Edited April 3, 2019 by Emmzzi

[Emmzzi]

Have you asked for a copy of the documentation about your allowance? What did they say?

 

I'm just telling you how I would do it. You do it any way you think will work better!

Edited April 3, 2019 by Emmzzi

[Emmzzi]

My advice is still to get a copy of your file.

 

You have nothing saying what the allowance is for, in writing

 

You don't know if they do

 

Without that info you're going to be a bad bluffer at the poker table; and there's no point at all paying for a solicitor until you have some facts for them to work with.

[Emmzzi]

On 02/04/2019 at 22:02, nicurro said:

The allowance incorporated various aspects including experience , knowledge ,   adaptability but the exact detail is not known, I am still employed under the same title but poor health has meant that my duties had to change.

 

Nic

Hold up.

 

You are NOW saying this is a shft allowance after you previous said it was a responsibility allowance?

 

Your story is changing with the wind. If you haven't bothered to keep proper documentation, really it's going to be impossible to get a case going.

 

Too inconsistent to stand up...

 

[Emmzzi]

10 minutes ago, nicurro said:

Like I said earlier I never know who is reading these posts and before a decision was made I was asking for scenario advice on what they have said as they appear to be phishing from others.

 

"things to be honest with people about at the beginning."

[Emmzzi]

9 hours ago, nicurro said:

Could I ask your thoughts on the below statement:

 

I never comment before I know the source. Context is everything.

[Emmzzi]

29 minutes ago, nicurro said:

ACAS source of information

So that's a pretty reliable source (on their web site. phone line is a different matter.)

 

Be careful not to confuse informal with investigation though. There is also no right to be accompanie to an investigation interview.

[Emmzzi]

1 hour ago, nicurro said:

There is a big section on ACAS about meetings.

If a Contracted term is being removed from that contract then I would say that is a sanction.

 

If the payment is being stopped then this would be ok but it would still remain as a contract term thus if criteria is met then the payment would be made.

As they are removing or have stopped recognising the contracted term then I am sure that this would be a breach.

 

I take it Sangie that you also voted to remain in the EU !

 

But, you do not have a copy of the relevant contract, we have established that

 

So you can theorise all you like but you've nothing that will stand up to legal scrutiny

 

All this debate on formal and informal meetings is academic without evidence.

 

My thoughts now would be

- do I want to keep working there?

- if yes, do I really want to keep stuffing up the relationship with my employer?

- if no, what's my plan and therefore what is the best way for me to leave?

 

 

 

[Emmzzi]

24 minutes ago, nicurro said:

Recently the same employer has agreed a new pay structure with the Union for all employees who they knew were receiving shift pay.

I/ we were missed out from this as the term shift pay had been renamed by the employer at the point of TUPE.

I merely wish for the employer to recognise that this happened and if they go through their records it will be obvious.

 

 

Wait.

 

That's an entirely different matter to the one you first raised.

 

If you want ACTUAL help, you need to tell the full, honest story of what happened. No opinions and no ommissions.

 

Because you can't help an eel, it's too slippery to hold it while it tells you the truth.

[Emmzzi]

I am unable to help you because I don't have proper information with which to do so. You keep lobbing in extras and changing your story.

 

Suggest you find a non-internet lawyer to whom you can tell the whole story in confidence.

 

[Emmzzi]

On 03/05/2019 at 21:17, nicurro said:

 

There were also at least 3 occasions where HR had said that they would have to stop my shift allowance as I no longer worked the required shift pattern,

 

 

Seems cut and dried to me. You don't do call outs and you don't do shifts. No allowance due.