Yes you should definitly appeal, you have nothing to lose! It all seems a bit heavy handed and really with less than 12 months service you are appealing to their better nature to try and get reinstated. The only possible avenue I can think of is possibly a race one. If you have raised a formal grievance siteing race as part of your complaint then you might be able to use this. There is no limit on claims for race issues. Gather as much evidence as you can and try and take a witness with you or someone to take notes.

You obviously did this during working time but was it your own mobile or your companies? Not looking too good with less than 12 months service, but I agree it does seem harsh.

I would tell them to come and pick it up, you don't want it. Get a refund and go elsewhere or they will probably up the offer. Homebase really are useless, I don't even bother going in there anymore. They never have anything I need and just seem interested in selling candles, cushions and fairy lights. Not a D.I.Y store at all!

I also find regularly out of date produce on the shelves in Tesco Windsor but to be fair also in Waitrose Windsor and also Waitrose in Maidenhead. It is not always chilled food that is out of date and yes Mr. Shed it is possible to find produce well out of date. I found a box of cereal 6 months out of date and found tins almost a year out of date, fish and fruit. My local Tesco does not rotate stock, the fridges are often running at the incorrect temperature and I always personnally look for the freshest produce (you pay your money, you take your choice) which more often than not is at the front of the shelf whilst the older stock is at the back! This problem I believe stems from the fact that Tesco seem to be displaying stock now in boxes on the shelf rather than taking stock out of the boxes and displaying them individually. I'm so used to being overcharged at my local Tesco, on average once a fortnight that I check and memorise prices as well as checking all sell by dates. What bothers me is the attitude of the staff when you point out that produce is out of date. The other week after being overcharged twice in the same visit and insisting on talking to a manager about it and listening to all the usual waffle told him that I had spotted 2 products out of date, sausages and cream. Tell someone else he said I'm already late for picking up my wife! In Waitrose the products in their Windsor store were out of date by a few days on 2 seperate occassions. In Maidenhead Waitrose I found a packet of Bacon nearly 4 weeks out of date and was also overcharged on a seperate visit. Their attitude when you point out you have been overcharged is give you YOUR money back, no compensation (unlike Tesco) and usher you out of the store as quickly as possible in case anyone hears you complain! Do check the sell by dates but also your receipts. Every little helps!! Regards, Paul. P.S. You could contact Trading Standards/Consumer Direct (useless) or Environmental Health but in my experience they only prosecute small shops. Tesco are far too powerful.

Hi all, I know many of us come on here to have a moan, seek advice or warn of companies we have had problems with. I certainly do, so for a change, here is a company I can't recommend highly enough speaking from personal experience. I have dealt with NFU Mutual for many years and have always had excellent service. There are no call centres, stupid music with messages telling you how important your call is or your in a queue and you don't pay premium non geographical rates for the pleasure of calling them and being put on hold while you pay for the call. You deal with your local (ish) office on a geographical number and speak to a human. If the line is busy it means they are dealing with someone else so you call back later, just like the good old days! I have used NFU for both motor and home insurance as indeed do other members of my family and friends and none of them have ever come back to me with anything but compliments. You don't need to be a farmer or a member to use them. I have had to make claims from them and they could have not been more helpful or prompt. They might not be the cheapest but their customer service is second to none. My local office is in Marlow Bucks but do a serch to find your local one. Well worth a call and no I don't work for them!! All the best, Paul.

Employees can be dismissed on grounds of capability. Has he got a copy of the companies capability procedure? I agree that he should seek an adjournment given the fact that it is very short notice. If your friend is not in a Trade Union, he should ask a colleague to come in with him, perhaps you?

It doesn't sound like gross misconduct to me. Was the communication in writing? This sounds more like a misunderstanding/miscommunication, especially as another 1 of your colleagues has done the same! It sounds like whoever gave the instruction has been 'told off' and s/he is now trying to use you two as scapegoats.

Hi and welcome to the forum. Quite simple, do nothing! By signing for the documents the company merely have proof he has received them and how long has he worked there? Might have been useful and helped him in his work if he had had the company handbook from day 1! As you say there is no other letter with this handbook and list of issues. I would suggest that your friend trys to adhere to the issues they have recorded and carries on doing his job to the best of his ability. All the best, Paul.

Hi, yes your employer can request it but you don't have to agree! If you do agree, for example to protect your job as I assume the request is being made due to lack of work, ensure you get something in writing saying it is only temporary. An old trick is for employers to get staff to agree a reduction in hours to safeguard jobs then make them redundant. Redundancy pay is of course based on your salary and if you have agreed to reduce said salary...... I can't think of too many good reasons to cut your salary in half, especially volunteering to do it. Regards, Paul.

I agree with Elche. If you are signed off with work related stress and it seems the manager that is insisting you come to this 'meeting' is most of the problem then this is not a reasonable request especially as they won't tell you what it is about! I would suggest either putting it in writing saying that all requests for meetings will have to be made in writing clearly stating what they are about and if applicable which procedure the meeting is being convened under or call your HR and relay it to them verbally if time is short. That way they will have to state whether it may lead to dismissal and state your right to be accompanied. You are right to be suspicious, I've seen far too many cases where people have been asked to come in 'just for a chat' and when they have walked in, HR are sat there and they've walked out with their P45!! Regards, Paul.

No further letters from them so far, just worried that they may just go to a county court and get a ccj against this similar sounding person that is supposed to live at my address. Is there anyway of monitoring which cases are coming up at your county court or could they go to any county court not necessarily the nearest one to me?

Your rights are that you can either be accompanied by a colleague or a Trade Union Representative. As you are not a member of a Union then that really restricts you to take a colleague. In some circumstances an employer will let you bring someone from outside the business but this is only allowed if they agree. As this is a grievance and not a disciplinary then remember this is your meeting as it is your grievance. I'm sure your concern is that you want accurate notes taken and a witness. You can take your own notes and don't forget you can ask for adjournments as well so that should help you catch up while everything is fresh in your mind. Good luck! Paul.

I understood it was six months before a redundant position could be re-filled? I'm working remotely so can't check this at the moment. Anyone?

As well as the above, how much are you being paid? As from today the adult rate for the national minimum wage is £5.73 per hour. Adding all your hours together do you receive at least this every week? Even if you are 'salaried' this cannot be an exception to the rule or in this case the law!

Well done Brecken, a happy ending for a change!

Hi Ellie, You should do as above, infact to make it legally binding this is essential and the normal practice is that the employer will pay for this advice. You do not have to accept any offer on the table. What your employer will be considering is the chances of your success should you proceed to an ET and also the costs they will incur by defending such a case. You should indeed negotiate. The employer can withdraw their offer at anytime and do remember timescales for logging any claim at the ET. You can always withdraw it later. Regards, Paul.

Hi all, Any updates? I too have been receiving letters from these muppets but as they have got my name wrong and I know I don't owe them or anyone anything have been writing return to sender. 'There is no ..........at this address.' I haven't heard anything for 2 weeks now but they were coming once every 5 days!! Regards, Paul.

Hi, there must be a formula for working out your commission either as a percentage of sales or future business on existing accounts? It should be quite easy to check to see if the payments to you were correct, have they provided you with statements to show how the overpayments were made and why? I would ask for the above and insist that before you can agree to your earnings being deducted (and agree a repayment schedule) that you want clear proof. As Old Andrew has said, consider useing the companies grievance procedure. Regards, Paul.

No idea, perhaps they have changed their training from 3 to 2 days? Best thing to do is ask them. You will be entitled to pay whilst attending any training. Regards, Paul.

I wish you luck and have to say that I agree with ACAS. I have also asked one of my Union Organisers who say this is highly unusual. Make sure if you do withdraw the appeal that you can prove that they received your letter and keep copies of everything and if they want to talk to you try and get a colleague to witness what they say. Regards, Paul.

Hi, Unless the police have been called or you have been interviewed under caution or your employer has told you they have informed the police then you are unlikely to be prosecuted from what you have told us. I would try and speak to your company off the record and see if you can find out what their intentions are. They may let you resign and walk away but whilst you can ask them to be sympathetic and not give you a bad reference they could still say in any reference that you resigned whilst under investigation. It will cost your employer time and money to investigate this matter, hold disciplinary hearing, deal with any appeal and any legal proceedings you may start as well as paying you full pay whilst on suspension. Whilst you are clearly coming from a position of weakness here I have known employers to treat such matters sympathetically and allow former employees who have shown genuine remorse to move on without a stain on their character with a basic reference. It is rare for an employer to give staff who have admitted theft a second chance.

Hi Ida, Many many thanks for this, your'e a star. I spent ages looking for this as I had seen it before and the only search I can find on this site is for an internet search which takes me to their website. Best wishes, Paul x

This is highly unusual! Normally the appeal is the property of the appellent and as such is your property to submit or withdraw. Does your company procedure mention anything about this? If you are a Union member have you sought their advice? Of course the reason the company might be refusing to allow you to withdraw is because at appeal, companies can impose a tougher sanction as well as a lesser one. Being 1 step away from dismissal I think you can see where this might be heading if someoe higher up wants you out! I know that if you give notice and then change your mind, companies don't have to accept a retraction and maybe this is similar? I'm sure others will advise. I'm also unsure how an ET would view it. Personnaly I would fight my case if I thought the sanction was harsh or if I believed I had done nothing wrong. Regards, Paul.

Don't forget to vote to get rid of your least favourite Revel at www.reveleviction.com I can't open this site at the moment but when I do will be voteing out the coffee one as I can't stand the drink never mind in sweet form! Its a shame I don't think there is anywhere that we can vote out the dodgy food colouring E124 which is still in Revels (don't know which ones) and the Irn-Bru drink. This colouring is banned in America and Norway, I wonder why? Regards, Paul.