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paulgmb

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Everything posted by paulgmb

  1. Unless you have signed the official secrets act there is no way discussing salary can be deemed to be gross misconduct and if this is stated in T&C's then it is there as a scare tactic. What next, gross misconduct for discussing the price of coffee in the companies vending machine?
  2. Exactly, what nonsense, gross misconduct for discussing your salary whatever next??!! If someone voluntarily tells you their salary, how is that gross misconduct? This is a typical employer tactic, threaten staff with gross misconduct for anything they see fit whether it has any basis in employment law or not. Weird Al has hit upon the main reason, the fear of suspect employers being taken on over an equal pay claim. I would suggest the OP approaches his manager informally at first and points out the unfairness and if this doesn't work then raise it through the companies grievance procedure. Regards, Paul.
  3. You cannot access these monies before your normal retirement age (NRA) unless you are retired early usually on medical grounds. You can apply for (without obligation) a cash transfer value if you were looking at transfering this fund to either another employers scheme or even your own personal pension if you have one or were going to set one up. You do not have to do this even if you apply for the transfer value. You should have a pension scheme booklet which will give contact details of the scheme administrators who will be able to advise you on your retirement dates etc. You should always obtain advise from an independent financial adviser before even considering transfering funds. If you do nothing, you will receive a small pension from the civil service scheme at your NRA. Regards, Paul.
  4. Hi again Dae, I seem to recall cases previously where it was found that these convenants breeched competition laws but I'm no expert. If you have voluntarily left your previous company then they do not have to take you back. If you have nothing to lose why not go ahead and register in your partners name? Whats the worst solicitors can do? I think its a case of sink or swim unless your previous employers are willing to take you back. Regards, Paul.
  5. Hi Paddy, If you have a Union at your workplace make sure they are fully involved. Regards, Paul.
  6. They can offer you less pay but you don't have to accept it. If you do accept it then they can do it!! There is no obligation to transfer you over to their T&C's. Most will normally try and get you onto theirs as its easier for their admin and usually saves them costs. Regards, Paul.
  7. I wouldn't even provide the stamed address envelope! An employer cannot charge for a P45, ask them to put their demands in writing. I would simply fill in a P46 with your new employer. You might pay emergency tax at first but you should get that back. You don't need a stamp when writing to HMSC either. Just put "On her Majesty's service" across the top of the envelope. Regards, Paul.
  8. I understand that restrictive covenants are difficult for a company to enforce but they would have to take independent legal advice. They could take a non active role in the company, like work as non executive directors or even work freelance for you? I hope this helps? Regards, Paul.
  9. It is rare to sign a compromise agreement after the tribunal has made an award:confused: unless both parties were still talking and agreed on the compromise agreement before the tribunal made the award? You would have to check the wording of the said agreement to see if it covers the complaints your friend wishes to pursue.
  10. Hi, the tribunal award would have been in full and final settlement of that particular claim so if you did not claim for any of the above, in theory you could still claim for other things. The exception to this would be if your friend had signed a compromise agreement. I think you may be out of time though, but sure others will advise. Why didn't your friend claim for the other isssues at the time? Regards, Paul.
  11. Thanks Gyzmo, yea I'm waiting to hear back from them. I've demanded an apology and that the money they took under false pretences be donated to a charity of my choice. Dependeing on their reply I will also take it up with Bournemouth council et al and I'm sure the tourist board would like to know how visitors to the town are welcomed!! Never had any trouble in Weatherspoons or anywhere else for that matter. I'll let you know how I get on. Regards, Paul.
  12. No, they are the ones that have to do this, providing all the documentation they will rely on. Sometimes its helpful, but do you want to help them?!
  13. In my opinion they would have to notify you individually that the meeting may lead to your dismissal. Its not good enough to say its in the policy although if they refer to it in the letter and enclose a copy or can prove you have had a copy they might be able to cover themselves....maybe! Every case is different so a blanket policy (again in my humble opinion) cannot be used otherwise you could be called in for a "Chat" which then suddenly turns into a disciplinary and be dismissed for example being a minute late 3 months ago because "Its in the policy!"
  14. Hi all, I visited the O'Neills pub in Bournemouth with my family recently, you know that "Friendly Irish pub chain," and according to their website they are Bournemouths warmest welcome!! Well we could have done with a warm welcome, it was blowing a gale and tipping down with rain. We went in and ordered drinks and sat down, took our coats off and started looking at the food menu. We were then approached by the barman who had just served us who asked my sons for ID. My eldest produced his driving licence and I said to the barman that my youngest was 16 but as he knew (because he had just served me with my youngest son by my side) he was only drinking coke although because we would be eating there could have legally had a pint! Well there was plenty of "Craic" as he then asked us to leave because my son wasn't 18. So they take your money and then throw you out!! Obviously unhappy at this, especially as he was the one who had served us, I said I wanted to speak to his manager. Repeat of the above so I said we would leave once we had finished our drinks. Not good enough for the landlord of Bournemouths warmest welcome pub who said he was calling the police who when they arrived admitted that we were breaking no laws but because the landlord had asked us to leave by refusing we were commiting a public order offence if we didn't comply. It took 3 of them to tell us to get out or we would be arrested although one of them was busy filming us, (is this a common thing in Bournemouth) if I didn't know he was dead I thought Jeremy Beadle was going to jump out on us. There was me thinking that we were in a public house and the police are supposed to uphold the law:confused:. We left under protest. To add insult to injury we then found that we were barred from all pubs/restaurants, to quote one of them because they had had reports we were causing trouble!! A takeaway it was then and a day out ruined. I have visited Ireland a lot with my family and whenever we went out famillies were always very welcome in all the bars we visited. Clearly O'Neills is happy to trade on the traditional Irish pub theme whilst in reality they are as Irish as Robert Mugabe. Needless to say as a member of the consumer forum community, I won't let it rest there. Has anyone else experienced similar hostility from this pub chain? I'll let you know what replies I get from the company and the relevent authorities. AVOID! Regards, Paul:mad:
  15. Even if you are dismissed you can and should appeal against their decision. Does the letter inviting you to the hearing say you may be dismissed?
  16. I would suggest you approach them and say you are not happy and that you are not bothered about a 15 minute break so want to come in as per your contract and see what reaction you get. If any of your colleagues feel the same way it might be worth approaching them as a group. A company that I worked for had a 5 minute hand over but it wasn't compulsory just sort of expected when we took over from the night shift. Similarly when the evening shift took over from us they would relieve us 5 minutes early. There was flexability on both sides though like for example if one of the machines was playing up but on the whole it worked well. We had to clock in and out so we couldn't actually leave 5 minutes early, it just gave us time to wash up and get changed.
  17. Hi Steven, this is awful in this day and age. If you are a member of a Union contact them straight away for help. I would also strongly suggest that you contact the Health and safety executive HSE who you will be able to talk to in confidence. From what you have said they should arrange an inspection without delay. What PPE (personal protective equipment) does your employer provide? At a minimum it should be a dust mask, protective goggles, gloves etc. What sort of dust is it and what industry do you work in? You would have to wait and see what your doctor says to see if you had a claim against them. S/he will probably refer you to a specialist and your company will probably send you to occupational health. Make sure you send in your doctors certificates on time. They cannot legally dismiss you without a formal investigation and a formal disciplinary hearing. If your colleague has been dismissed he should appeal and also consider a personal injury claim for his condition. Keep in touch, lots of people on hear will be able to advise you. Regards, Paul.
  18. Hi, This seems like a punative measure. I've heard of some companies trying to use this tactic but never for as long as a month or even a week! You should not be treated less favourably than your "Able bodied" colleagues which you are probably aware of and this is covered by the DDA. The company may try to argue that everyone is treated the same i.e everyone is banned for 1 month, but in most cases their sickness is probably not due to their disability. I think you should speak to your manager informally to start with and possibly HR. If you are a member of a Union I would seek advice/representation from them too. I think it is worth pointing out that because of your disability you have some limitations which they are (or should be) aware of and you feel you are being punished unfairly because of this. Does everyone accept the 1 month ban? Has it ever been waived in certain circumstances for example work needs to be covered but lots of people banned? At the end of the day its strength in numbers. If your colleagues are all unhappy at this working practice you could all get together and submit a collective grievance to try and get this ban overturned. What is the point of this ban, do they want people to come to work when they are sick to infect everyone else because they do not want to lose a months overtime? If you are fit to work you are fit to work overtime. I would try the informal approach and if your colleagues don't want to do anything about it then take it through the grievance procedure yourself. Regards, Paul.
  19. Union officials who turn up at tribunal to support the company/management!!?? Stand up and take a bow John Louden Unison Regional Officer and his company friends Thames Water. Bah Humbug!! Employee won supported by a proper Union (not in companies pocket) got compensation and reinstated. (No wonder our water rates are so high with this incompetance) Ha ha humbug
  20. Yes I think you should although you should have been provided with a contract and also a job description. Is this a large company and how many people does this affect? Also is there a handover period when you finish, i.e do you leave your workstation early as well? The employer could argue custom and practice or point out that you were advised of this working practice when you took the job!
  21. Hi Pascal, sorry to hear of your situation. Why did you resign from your old job before securing the necessary approval from the home office? Was your permit obtained by your previous employer on your behalf, if so it is very hard to switch employers especially in the current climate with the changes recently imposed (with little consultation) by the B.I.A (Border and immigration authority) Which sector do you work in? If you are a member of a Union I would contact them for advice. A website you may find useful is Immigration Matters - Home Regards, Paul.
  22. Hi Alan, your employer cannot make you come in 15 minutes early unless you mutually agree to do so. I assume you receive 4 hours pay so in effect the only benefit to you is not being deducted for the break that you have. Have you being doing this for a while and whats the reason? Is it to cover a hand over period and in turn do you leave your work station early? This used to be called washing up time and was common in factories or in dirty jobs where you would be allowed time to wash and change. If you have been doing this for a while, I believe its only fair that you speak to your manager and at least give them the option to resolve it. If they are not flexible then you could state that you are unhappy coming in 15 minutes early and not being paid. Expect to lose the break though, but as you say you are not bothered by that anyway. Do check your contract though to make sure its not stated in there and maybe speak to other colleagues (if any) to seek their views. Regards, Paul.
  23. I'm unsure what the time limits are in this situation but the tribunal office should be able to advise. You can object to the tribunals decision to extend the deadline. Were you consulted about this? What does the default judgement say, have they made you an award? I would wait and see if he responds this time which I strongly suspect he will. If he doesn't then you really should object. Do you have anyone acting for you? If so it might be worth asking them to see if the other side are prepared to settle out of court. Good luck, Paul.
  24. This would be up to the tribunal to take a view on. If he hasn't responded by the deadline then they can either agree an extension or issue a default judgement. The tribunal should also take into account your views on this. What has the tribunal said about this? Regards, Paul.
  25. The op wouldn't need to be. All potential employees have to provide as sidewinder has listed above probably to avoid any allegations of discrimination I imagine.The best bet might be to try and get a new NI card.Regards,Paul
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