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elpulpo

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Everything posted by elpulpo

  1. Where do you get 'PROI' from? Not a term I (or google) have heard of. Keeping hold of the employers property because the employee contends they are owed money is unlawful. He's certainly threatening to commit theft, as he's implying that he'll use his possession of the vehicle/tools to recover the money he claims he's owed. The law is very strong on the principle of '2 wrongs don't make a right'. Just because you hold that someone is acting unlawfully towards you doesn't excuse behaving unlawfully towards them. I do think the police would be involved over the unlawful possession of works vehicle, he only drives it with their permission. Apart from anything, if he's no longer employed is he insured?!
  2. Don't take chances with the ET date. If it's getting close to the deadline, get it in anyway.
  3. You can try and keep hold of the van and tools and use them to bargain with, but you've no legal right to because you contend that they owe you money. They could simply contact the police, who are likely to tell you hand the gear over PDQ or you'll be in bother. If they owe you money, you need to commence action to recover it. Can you elaborate as to the circumstances? Then we can advise you accordingly.
  4. It doesn't sound unreasonable that working in security one has such a qualification. I doubt it'll be a long day, most courses are just short daytime. You put a bit of your time in, you come out with a certificate.
  5. Well, you have an argument for being paid. But, it's likely that arguing about it would cause a lot of resentment and a flat refusal might well cost you your job. Either directly or indirectly. And remember, you are receiving training that may be good to go on your CV, as D&O said. Do check as to what the agreement is regarding paying for this course. Often there's a contractual clause that says one must repay any training cost if one leaves within a certain time, and such courses can be expensive.
  6. What does your written statement of particulars of employment say about entitlement to bank holidays? There is no statutory entitlement to bank holidays, it all depends on what the contractual agreement with your employer is. Oh, and stop sodding moaning. You're lucky to live in a developed nation and be in employment.
  7. What does your written statement of particulars say about your working hours? Do you work a set number of hours every week, or whatever hours are required of you? Is this course being held at a time where you'd normally be at work, or out of work hours?
  8. http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/index.htm This is your first port of call.
  9. Yes, if it is a genuine redundancy and you won't be replacing him. And providing you follow a fair procedure. http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1074019927 Have a look here for starters.
  10. Email them, don't phone. I try and do all of my business by email precisely for the reason that it gives you a record of what's said. Not sure you'll be able to do the new job through your old agency if the new one placed you, usually there are restrictive covenants in place to prevent that.
  11. Sadly this is the sort of thing that recruitment agencies do. I know, I've suffered the same myself- promises of salary, working hours, blahblahblah- only to be told something entirely different by the new employer. The agency is looking to fill the position and get their commission, and they don't give a toss about you leaving an existing job and then ending up with a job you wouldn't have taken. About the best you can do is tell the agency what you think of them and don't take the job. As I said, I think you'll struggle to successfully seek redress here. You could try and get into an email conversation with the RC, see if they admit that they were wrong about the job description in writing. Doubt they will though.
  12. What evidence do you have of your agreement with the agency as to the sort of work you wanted? Any emails etc, saying, "I will only take a job in lettings", and a reply from them saying, "Yes, this is a job in lettings"? I think you're going to have great trouble pursuing any legal avenue here. Yes, the agency have probably mislead you, but I think it'd be nigh-on impossible for you to successfully sue, unfortunately. I think you're going to have to suck it up and either take this new job or find something else PDQ. Or eat humble pie and go back to your former employer and do some almighty grovelling in the hope that they'll reinstate you. Though given that you didn't give them even the statutory minimum notice before disappearing, I doubt they'll have ya. Have you already asked?
  13. But is there anything in your contractual terms about use of mobile phones?
  14. Is there anything about phone usage in your written statement of T&C's, or the company handbook? Are there any other issues at work that might make you feel the phone issue has an ulterior motive?
  15. Is there a valid reason for this to have been going on for 9 months? They should be dealing with such matters as promptly as possible.
  16. As Conniff points out, to answer the question we need to know what your contract says about your working hours. Do you have a written statement of the terms & conditions of employment? How long has this been going on?
  17. Aye. We're a big bunch of gloaters, basically.
  18. B*ll*cks!! I spent about 10 minutes trying to think of some witty wee remark based on oats! Well Done!! So obvious too.
  19. Can you elaborate on the unreasonable behaviour towards you thaat you've alleged? Maybe we can help you to address that. I think you're on a hiding to nothing trying to set him up because of his drug use, that could backfire and make you look unreasonble.
  20. I answered that Giggins, yer twt. And writing's a struggle for me.
  21. Are you very, very bored, Giggins? What's the point of posting on such old threads? Just clutters the forum up and confuses people.
  22. Click on '+ Post New Thread', just above the stickys on the employment sub-forum
  23. If you were to ask SarEl (remember her?) she used to say that it was unlawful. Never got to the bottom of exactly how, but certainly legal professionals seem to get very jumpy at the idea of covert recording. As Giggins says, be careful as it could be seen to be undermining the trust and confidence. Check any contract, as that might have a clause about recording that could land you in bother. I think the best thing to do if you're going to record is to use the recording as a prompt to write up an account as to what was said. Keep hold of the recording in case it later proves useful- but don't tell anyone at work you've made it.
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