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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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Shelley181146

National Minimum Wage and other unpaid issues

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Worked a little over 2 months driving for a haulage company to gain sufficient experience so as to drive for a professional organisation after two years. 

 

Was advised at interview would be paid salary divided by 52 weeks - no hours discussed, you finished when the job was complete. Was not provided a Statement of Employment at all.

 

Regularly told (text messages saved) to put tacho on break whilst unloading (illegal)

Own PPE equipment provided

No formal training provided

 

Owner was medically retired Class 1 driver, who set up his small haulage company with spouse as joint director (Finance/accountant)  He advised it 'wasn't working out because I requested an emergency day off' and sacked me when I returned to the yard. Yes, it was that straight forward - he was a bully and had no regard for his own H&S never mind his employees!

 

Was not paid oustanding holiday pay Not paid Stautory Notice Pay

 

Having calculated totals hours, appeared to be paid below National Minimum Wage. Liaised with ACAS for advise, they agreed there was a NMW potential claim and passed details onto HMRC at my request.

Was advised by ACAS that I could request their assistance in an early concilliation process to claim other monies, outside of the NMW, which I agreed to. However, ACAS advised they could not repeat the employers response (obnoxious bully) so they were issuing the certificate so that I could commence proceedings via an Employment Tribunal.

 

Moving forward, HMRC were provided all documentation, my spreadsheet of daily runs, tacho print outs, pay slips etc to aifd their investigations. The employer 'finally' agreed to meet them. In the meantime, I have commenced Employment Tribunal Claim, however, I did include an amount for the NMW because I had not received any response from HMRC, who had not returned my phone calls. I fully intended to amend my claim nearer the time, if at some point I received any correspondence from HMRC regarding the NMW, but I needed toensure my claim was submitted before the deadline of 3 months less 1 day.

 

Now the HMRC clerk who took this matter on has written out to me saying that the employers records show I had worked less hours (bearing in mind I provided all tacho printouts) she had totalled up salary paid and advises that there is no claim for NMW. She has made mistakes in the annual leave time taken, which I have pointed out to her today when she called but she was very abrupt about the employer having received what he thinks is a letter from ACAS advising him that I am taking him to court. (Numpty!!!)

 

The HMRC lady involved refuses to provide any information to myself regarding her visit to the employer, and until I retract my claim in respect to the NMW in the tribunal documents will not discuss anything further.

I have asked that she liaises with ACAS to share the information with them, but she advises that they do not share information and will not take my case further until I decide how I wish to proceed with my tribunal case.

 

I am not looking to gain 2 bites from the same cherry, I was merely ensuring that I did not miss my tribunal claim deadline date, and fully intended to amend the claim figures once I had received further information following her visit to the employer.

 

I have utilised the Gov website to calculate outstanding holiday pay, so feel that will be correctly calculated. I have been advised by ACAS that I can claim 1 weeks pay for non payment of Statutory Notice Pay and as he failed to provide Statement of Employment I am eligible to claim 2-4 weeks salary which is what I have done.

 

If I have permitted HMRC to investigate this matter on my behalf, why are they not sharing the data so as to help my tribunal claim? If not share it with ACAS as an intermediary advisor  This is not a huge claim, and I am not proceeding with this just for the monetary value. I will be involving DVSA, H&S Exec etc to ensure that his outfit is either heavily restrained to work within the regulatory guidelines, or shhut down to prevent serious if not fatal incidents in the future.

 

Does anyone have any guidance or legal issues I may have not covered to suggest which may help my claim, as I also have other on-going tribunal matters to deal with with other organisations and I would like to get this down as accurately as possible to present to the tribunal? Thanks in advance.

 

 

 

 


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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you have not permitted HMRC to investigate on your behalf, you informed them  about a likely  problem and they are makingnthier own investigations that are nothing to do with your Tribunal claim.

Your claim will stand or fall on how the panel view your reliability as a witness.

HMRC can only use the paperwork you have given them (i hope you have copies of everything inc the tacho readings) and may then use the decision of the tribunal to decide upon the veracity of the witnesses they may call upon if the company doesnt cough.

 

stick to your claim and worry about HMRC if they contact you afterwards

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