Hi Benjamin, sorry about the redundancy and good luck finding a new job. Your amount of SRP is calculated on the basis of a 'week's pay' (let's call this A [capped @ £430] ) multiplied by a figure that varies with length of service and age, (let's call this B). SW has explained above how to calculate B, but in your case what 'A' is is impossible for us to tell you for certain without more information. A week's pay is calculated by reference to statute, and the method of calculating a week's pay depends upon the type of hours you work and the pay structure that applies to you. Type of hours can mean if they are fixed or vary and pay structure can relate to issues such as how bonuses or enhancements are contractually described and paid - this could include your 'shift bonus'. Thus to have a better idea of how to calculate figure A for you we need to know (amongst other things), if your hours varied each week, and how this 'shift bonus worked'. You might be able to get community legal advice to help you with this, or more info here may help us! Their number is 0845 345 4 345 - http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356 Hope this is some help. Che

Now that is the 64 dollar question and something I'm really not sure about. Thus, I limited my comments to the NMW part. Che didn't want to look stoooopid . I reckon you might need a good source of info like Harveys or Lexis to get a definitive answer ..... but I'm not 100% sure on this part of this problem....hmmmm

I just wanted to clarify one small point on the above I know that direct.gov say the above quote here http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_175878, But I just wanted to point out that we looked at this a while ago here - http://www.consumeractiongroup.co.uk/forum/showthread.php?296236-100-wage-deduction-IS-THIS-LEGAL and I am 99.9% sure they can make a deduction that could APPEAR to leave you with below the NMW. Allow me to explain. You are paid monthly, and your ER pays you twice in January, once to Halifax and once to Natwest. Being unable to recover from the bank in Feb they pay you nowt. Now it appears that you are paid below NMW for Feb BUT, I reckon your ER can argue that for the purposes of the deduction the pay reference period is 2 months and in that 2 months you have had 2 months paid even after the deduction. Thus potentially an ER can deduct 100% of wages to recover a previous 100% overpayment. Just wanted to make that one point alone and also say I think direct.gov can oversimplify things sometimes Hope this is some help. Che

Have to agree with the above. I should also have said, that of course, the more serious the injury, then the more important that the injured party DOES pursue compensation - which as SW says the company don't 'directly' pay, but their insurer will.

Hi monkey, Sorry to hear about your friends accident at work. Hope it is not too bad. Generally, the law of negligence places a very high burden of responsibility on ER's for workplace accidents where an EE suffers injury. It is very difficult to say what his best move is in reality. Could you tell us: 1) How long he has worked there? 2) Is he in a Union? 3) How much does he need the job - for example if he makes a fuss and is dismissed could he find another job easily or live for a few months while looking? 4) Does he have any insurance policies which have 'legal expense cover'? Che

I know must be WELL annoying , but I suppose this feeling of annoyance is, in law anyway, reflected in this potential estoppal based argument. BUt it is not really ideal. We get this question quite commonly on here. Please help CAG's employment forum by letting us know what Unison advise you to do. Best of luck. Che

Hi Steve, As this is the NHS my first question as always is any Trade Union e.g. Unison. If so you should get them to help. The 'general' position is that wages are protected by law and only certain deductions should be made from them. Unfortunately permitted deductions include those to recover an overpayment or those expressly authorised by an express term of the contract of employment (see sections 13 & 14 of the ERA 1996). This is a common issue and has amongst other things been looked at on this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?199165-Overpayment-of-wages-by-firm Unfortunately, whilst the employer may be able to legally recover these overpayments, common sense and good practice dictate that such deductions should be agreed with you in a way that doesn't cause undue hardship to you. The basic elements of the employee's defence to recoupment are 1) Payment received in good faith 2) Over a period of time 3) Acted upon to change your position i.e to buy something you would not have done otherwise As soon as the first deduction is made, you could bring a claim in an ET that it is unlawful on this basis - but only if you have the stomach for the fight! Are you in UNISON? Che

smt - sorry I mean 'Statement of Main Terms' - I just mean the statement of written particulars i.e. your employment contract - don't worry you seem to have mentioned this so no worries

Maybe we should get the useful contacts sticky amended to reflect the above....... ?

Well then the dispute is number of hours rather than rate per hour. I still reckon the unlawful deductions claim in an ET is your best route - less formal procedures, no issue fee etc etc On top of this you have a possibility (i think) of 'piggybacking' onto the deductions claim the failiure to issue SMT (potentially 2 or 4 weeks pay as compensation) Are you claiming any unpaid notice pay?

Just think about what you can produce to prove what you claim. For example how were you told that your wages were going to be calculated - If you have anything in writing saying that you will be paid X per hour then this, if you were told verbally at interview that you would be paid X per hour then make notes of as much of what you can remember about who told you this - the Who, What, Where, When and Why. Then you need to use the records you say you have to prove why this was not complied with e.g. list all your hours for each day in for example June and, then show your payslip for June which should show a figure less than you expected. i.e. from multiplying number of hours by your hourly rate. As the Claimant the general principle is that you have to prove your claim, not the Respondent prove their innocence. But in reality, if you prepare a nice neat schedule calculating and clearly showing the above, then your ER may well be on a sticky wicket if they have no documentation to refute what you say. After all they are the ER and assumed to have all the resources to keep proper records? Becky rightly says that if you claim within three months of the last deduction and the deductions represent a series of linked deductions then this could go back the entire way. BUT of course you would need to put that claim in within the three months. I think you effectively have three options now you have ceased working for the ER. a) A claim for unlawful deductions under PtII of the ERA 1996 in your ET b) A claim for breach of contract in your ET c) A claim for breach of contract in a county court There are subtle differences between the above e.g the ER can counter claim in actions B + C but not in A, and thus sometimes A is the best route; it can depend how much you are claiming. How much do you reckon in total you are owed and how have you worded your ET1? Che

Just reviewing this, and perhaps I wasn't clear sorry. - on this point alone, what I mean to say, and perhaps did not explain properly is that if you get default judgement then the issue of liability is (in theory) as dead as Monty Python's parrot - i.e. dead Then the question is, "If they are liable, how much should they pay" - the remedies element of the claim. And at this remedy hearing your ER is perfectly entitled to turn up and say, "Ok we admit liability but we do not agree to any of the Claimant's figures in their Schedule, for example the Claimants's future loss is disputed because of their failure to mitigate losses etc etc... " Hope that is some help and a bit clearer. If you want to help yourself on this matter then I would recommend this book - http://www.lag.org.uk/Templates/System/Publications.asp?NodeID=90889&Mode=display You might find a copy of Naomi's book in your local library - assuming it has not been closed to pay a banker's bonus. Let us know what the ET says on Tuesday, it helps all CAGGERS to know what actual ETs are doing in reality. Che

Hi highlander, Firstly perhaps there is some confusion on this thread between two different family friendly policies, both of which are statutory rights an EE may have Dependant leave is unpaid leave to deal with unplanned absence, for example, unexpected disruptions in childcare e.g. the school is suddenly closed etc etc http://www.unitetheunion.org/resources/equalities_2011/equalities_-_legacy_content/equalities_resources/employment_rights_for_working/your_right_to_dependant_s_leav.aspx Parental Leave is entirely different and is designed to cover planned absence to care for a child. Hence the 21 day notice that should be given for PL. Both are unpaid leave from work. http://www.acas.org.uk/index.aspx?articleid=1637 Unfortunately, notwithstanding the fact that the EE denied the leave may feel, '...descriminated (sic)..." against; I very much doubt they will get anywhere as regards linking this act with any protected characteristic. It seems that the argument of your OH is more one of not being given freedom to manage her department in the way that she wants to, and the only place this would go would be a grievance with her ER about this, which as HB rightly states might not be the best thing in a family company. My advice would be a polite discussion that encourages both parties (depart manager and boss) to agree proper holiday booking procedures that have a clear 'audit trail', that may prevent this happening in the future. Hope this helps Che

Face to face (advice - I just mean 'real' advice) - if that makes sense. Don't get too bogged down in procedure at this stage. ET's are not courts. Just ring the ET and check if they are issuing default judgement on liability (i.e. do they agree that the the ER is liable of the specific allegations / heads of claim as set out in your ET1) - i.e. a default judgement on just liability at this stage. Get that rolling first and come back.... Che

Hi middleman, Well you have asked some specific questions and 'good' advice will be best given by an adviser who knows much more information about the background to this - for example why no defence was received - are they still trading? Firstly, my advice would be that you get some tailored free F2F legal advice, can you get into a local law centre http://www.lawcentres.org.uk/lawcentres/detail/find/, or CAB. CLA used to offer eligible clients 2 hours of free employment advice which would be perfect help for the 'remedies' element of your claim 0845 345 4 345 - http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356 Secondly, I reckon you want to apply for default judgement on liability to the ET ASAP as this may better 'lock in liability'. You should speak to the ET (just ring them) and ask them if they are issuing default judgement. Unless the quantum in your claim was clear (unlikely on what you say above), then normal practice will be a separate Remedy's Hearing and the Respondent could present a defence (of quantum) there 'all guns blazing' - so whilst they may be liable, how much is unlikely to have been assessed yet. Try and get some free F2F advice, and if your likely award is high (you mention VENTO), then it might even be worth paying for professionally help with your schedule of loss. Hope this helps and best of luck. Che

Hi emma, There are multiple issues in your post, and I am a little short of time to fully research this now, but one thing that jumps to mind is that you may have to be very careful about your 3 month time limit for bringing certain claims. Some info from an earlier post: Whilst it may preculude the ET claim if there is no-one to identify as a defendant. You may be able to claim some monies from the national insurance fund. Different definitions of 'going bust' exist depending on the type or organisation your employer was: if your employer is a company, or a limited liability partnership, insolvency means administration, liquidation, receivership, or a voluntary arrangement with creditors if your employer is an individual, insolvency means bankruptcy (sequestration in Scotland) or a voluntary arrangement with creditors The insolvency practitioner can be called by one of the following terms depending on the type of insolvency: administrator liquidator receiver supervisor (of voluntary arrangement) trustee (in bankruptcy) Your rights if your employer is insolvent : Directgov - Employment Now provided you were an employee at the effective date that the employer officially went into administration, then you should have satisfied the legal definition of redundancy. Redundancy happens when the job ceases to exist s.139 ERA 1996. The question is, during administration when does a job 'cease to exist' It would be prudent to contact the RPO (as they will be the ones paying the award via the national insurance fund), and checking what criteria they apply as regards effective dates, get advice on completing RP1 etc 0845 145 0004 http://www.consumeractiongroup.co.uk/forum/showthread.php?294230-What-happens-to-ET-claim-when-Respondent-is-quot-dissolved-quot But the above was a while ago so may need updating! Ring and check with your RPO as soon as you can! I may come back with a few more thoughts later ......

Hi be happy. Your original post is a little short on info and that in part may lead to varying viewpoints of the people that reply. I think as secret agent says here http://www.consumeractiongroup.co.uk/forum/showthread.php?186098-Use-of-audio-recording-at-EThttp://www.consumeractiongroup.co.uk/forum/showthread.php?186098-Use-of-audio-recording-at-ET , "...If you go around secretly recording every conversation you have, without good reason..." then this may well equate to a breach of the implied term of mutual trust between ER and EE. And w/o knowing what you are recording and why it is hard to be sure. But secretagent does find an ET case on this that could provide some useful guidance - Chairman & governors of Amwell View School v Dogherty. see here: short report | full decision | In Practice magazine article This is not a decision I have studied, and remember the position could be different now, but nonetheless I hope that the above is some help. Che

Employer ER and Employee EE - I just get bored of typing! Also assistedblonde seems to have explained it nicely - you are 'easy' to dismiss, but equally you may well come out with just an official stage one warning e.g. verbal warning or written warning. Best of luck Che

Well first of all a work colleague or accredited TU rep. And of course if this were twelve months then you would have more protection from unfair dismissal - a thinly disguised reason for this action me thinks - or am I just cynical. Firstly did you comply with the absence notification procedures or custom and practice about notifying them that you would be absent from work on each occasion? You could try and stall for now, I'm 99.9% sure you can request that the DH been delayed for (up to) 5 working days to allow you to arrange to be accompanied at the meeting and this will get you almost to one years service - because actually when you get to a week short of one year you have your year for statutory purposes. There is lots of info on the net about guidance for disc hearings - for example http://www.worksmart.org.uk/rights/employer_problems You can use the DH to try and get some facts and info from your ER to support your case, for example What about other people in the company if they have similar levels of sickness - what has happened to them? Have they been disciplined? Is there a published sickness policy? If so what does it say and how are absences calculated etc etc... What about springing a rabbit from a hat - tell them at the DH, that you have just found out that they now think the RTA has caused a permanent disability so that; that absence might now be disability related, but it is too early to be sure, they have to do further tests etc etc But of course I would never advise someone to lie and that could always backfire ...... Hope this is some help. Che

Yep, you must serve 3 waiting days before SSP is paid. Unless you have a linked period of sicknesses i.e. you were off work sick recently before this (in the last 8 weeks from memory?) CHe

Hi Bav, Congratulations on the job offer in any event! Firstly, I'm no benefits expert, and am unsure if any exemption from the NMW Regs exists for this 'Gov't back to work program', you describe??? - I've never heard of that, but am happy to stand corrected:razz: Assuming that NMW regs do apply, then of course adults should get at least £6.08 per hour for 'working time'. But obviously the question can be, "What is working time if you can sleep'? For example a low pay unit link states, "In addition, the NMW should be paid for 'standby time' or 'downtime' if the worker is required to wait at or near the place of work; but: Workers who sleep on the employer's premises and are 'on call' (e.g. careworkers) will only be paid the NMW for the time they are awake and working. An allowance should be agreed with employers for 'sleep-ins' but is not required under the NMW." - http://www.lowpayunit.org.uk/eras/advice/minimumwage.shtml But, I know this has been subject to a lot of judicial attention at English and European level so you need to ensure you get some up to date advice. Also NMW can be deceptively tricky sometimes - you may need to now what your 'pay reference period is(PRP)'' and gross wages for those 'gross' hours to calculate your hourly rate is. Perhaps it is as simple as your PRP is 9 but I am not sure. You should contact what used to be called the National Minimum Wage Helpline - which was run by HMRC who enforce this. I can find 0800 917 2368 here http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1096714540&r.l1=1073858787&r.l2=1081657912&r.l3=1096714534&r.s=sc&type=RESOURCES Just call them anonymously tomorrow and check out what they think then come back at let us know what they said. Good luck Che

Hopefully Unison will sort it out for you. The question for you will be if your ER says, "this is your new salary (i.e. 70% and not the 75%)" what are you going you going to do? You have paid your subs and now it is time to get something back from Unison, so you must push them to assist you in this. Best of luck. Che

Sara, thanks for posting the additional information. I will come back when I have more time, but will say what you say above seems good for you. The reason is that your ER wrote your offer letter and the term of your employment contract in the letter is (on the face of this info) ambiguous. Any ambiguity in a term is almost always construed against the person who wrote the document, so the fault in your case could well be theirs and if so, they owe you the extra wages. Any union? Che

Oh and you say that the offer was conditional - can I ask what it was conditional on and whether you have fulfilled this?

Hi Sara, Technically an offer letter and your acceptance of this by starting to work form a binding legal contract (offer/acceptance/consideration are all there). Thus, in theory your ER is potentially in breach by paying you less. The problem you have is your relative short service makes you (relatively) easy to dismiss if your ER were unscrupulous and didn't like you making a fuss. One would hope the NHS doesn't do this, but I suppose one never knows! The problem you have got now is that you are aware of the lower pay and if you continue to work there without protest you could be deemed to to have accepted a variation in your contract as regards rates of pay. As this is NHS are you in UNISON? or another TU? To some extent what action is best for you could depend on your personal circumstances i.e. how much you need the job. Could I ask how much this 5% difference equates to in pounds and pence, and what is the exact wording of the offer letter as regards your pay? Kind regards Che