Derwent
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Everything posted by Derwent
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In the unlikely event of that happening, the judge can grant you a maximum of 56 days (8 weeks) before you have to leave. They are usually quite happy to allow a reasonable period, especially where there are young children involved, so don't be afraid to ask for the full 8 weeks if the worst comes to the worst.
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Web based payslips via 3rd party - DPA issue?
Derwent replied to DD maker's topic in Employment and minimum wage problems
Many companies outsource their payroll administration to third party service providers such as Ceridian without any issues so I can't see this being a problem. -
Assuming you contunue to use your full tax-free allowance on your main job, then all that will happen is that your second job will be taxed at 20% (tax code BR) without any tax allowance deducted. So if you earned £400 in the month from it then you'd pay £80 in tax, where as in your main job you don't pay tax until you have earned £787.
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What were their actual costs incurred for their external legal representatives ? If they are more than £5,600 then it may be that the judge has already disallowed their internal costs and then reduced the external costs.
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You have clear grounds to appeal this.Under the Employment Tribunals rules of procedure it is clear that the in-house costs are awarded by a preparation order and external legal costs awarded by a costs order. Rule 75.3 states that a costs order and a preparation time order may not both be made in favour of the same party in the same proceedings. The amount for a preparation order is capped at £33 per hour as per Rule 79.2 of the regulations Copy of the rules of procedure can be found here....http://www.legislation.gov.uk/uksi/2013/1237/schedule/1/made
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The amount of money isn't always the deciding factor in what constitutes a noteworthy case. Sometimes the circumstances dictate matters - e.g. was it a deliberately fraudulent claim (i.e. fraudulent from the outset) etc
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Application of costs
Derwent replied to claireloupul's topic in Employment and minimum wage problems
Just wondered what the outcome of this was if the OP is still around ? -
Firstly, they can not make you pay for any mandatory training such as anything H&S related as that is their statutory obligation to provide that.Secondly, if the training was "in house" then ask them to justify the costs being claimed. For training provided by an external provider they can justify costs via an invoice from the provider, but the cost of "in house" training is far less than a bought in service especially if there was a few employees receiving the training at the same time.
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So only those who need walking aids have mobility problems ? What about those people with, say, severe cardio-vascular problems who do not need "crutches and sticks" but who can only manage a few steps before being completely out of breath ? In your world those people would be fraudsters as they don't need a stick to walk with. You are an idiot.
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Application of costs
Derwent replied to claireloupul's topic in Employment and minimum wage problems
Obviously it's your call but I would now forget all about making any further offers and concentrate on defending the application. If you are confident that you can demonstrate that your withdrawal was for valid and reasonable reasons then you shouldn't have too much to fear. In any case, you haven't even had a schedule of costs from them so you don't know what you are offering against - for all you know the bulk of their 'costs' might be disallowable as being in-house. Put it this way, to drop from £5k to £1k in one go suggests to me that they are not entirely confident in their argument or that their costs are a bit spurious. I'd be encouraged by the fact that they have cut their demand by 80%, nobody who was very confident of their position would make such a huge concession. -
I really can't see why the OP thinks he has a case here. This is a bog standard salary sacrifice scheme, used by many employers in the UK to reduce their NI liability. Under this scheme the employee will be no worse off than under standard PAYE terms and so what exactly would the OP be claiming as he has suffered no loss ?
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Application of costs
Derwent replied to claireloupul's topic in Employment and minimum wage problems
Yes but only AFTER the judge has made a ruling as to liability for costs. It can not be used in the context of a defence to avoid costs being awarded. In this instance if I was the OP I would be going all out to have the application for costs denied rather than making offers as if the judge does make a costs award then it will be based on time x rate and not on what the OP has offered. Her offer is only really of any significance if the judge awards an amount lower than what is being claimed. -
Application of costs
Derwent replied to claireloupul's topic in Employment and minimum wage problems
No it can't be presented or even referred to in court. However, what the OP could do is get the schedule of costs from them and make a comparison with the original letter that was not marked as being "without prejudice". That would be allowed by the judge. -
You need it on their formal company letter headed paper, with the company stamp on if possible, although the stamp isn't essential.
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You do not need another P45 to claim it back, and to be honest your ex-employer should not provide with you an amended one even for a fee.They simply need to provide you with a letter with the following information on, which is sufficient for HMRC purposes :- 1. The date of the payment 2. The Gross amount of the payment 3. The amount of PAYE deducted by them 4. Confirmation that the payment was after you left and after your P45 had been issued HMRC will accept that as proof, your accountant should know that.
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Advice to enforce tribunal decision
Derwent replied to John Wallis's topic in Employment and minimum wage problems
One option might be to issue them with a Winding Up petition, as they would need to prove they had sufficient funds to pay their immediate debts if they wanted to avoid the company being wound up. It can be a costly process though if you fail, I suppose it depends on how much money they owe you whether its worth it or not. -
Brigadier, the default was on my file for a couple of years afterwards but was changed to account closed in around 2004/5. As I said, RBS never took any action to recover it and didn't pass it to a DCA which I found strange. while it has no impact on my current credit file, and accepting that they are probably within their rights to retain the offsetting amount, would it be worth my while asking them to make an entry on my credit file showing account settled ? Or would that bring up the previous default which had dropped off ?
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Ok I'll scan and post it at work tomorrow, thanks
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I understand what you are saying but it is just the PPI I have paid for that they are refunding. It's for payments made between 1992 and 2003, which were paid monthly and as such not part of the end balance. I don't have statements as because of the age of the account RBS don't even have them. They have apparently calculated the redress using the average balance of the card over its lifetime and an assumed average monthly PPI payment.
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No it is not on my credit file at all.
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Hi I had a credit card with NatWest which went into default in 2003. RBS never sold the debt on to a DCA but apart from a couple of letters at the time they never pursued the matter and just closed the account. There had been no contact regarding this account since late 2003. However I have recently received a letter from RBS telling me they had mis-sold PPI to me and they calculate the redress as £6,800 or thereabouts. They have said that they will be sending me a cheque for £1,300 with the other £5,500 going to clear the credit card debt as an offsetting measure. My question therefore is can they do this ? I know they have the right of offset under normal circumstances but this debt would be classed as statute barred in the civil court so how can offsetting apply ? I'd appreciate some advice as to what, if anything, I can do to challenge it ? Thanks.
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Application of costs
Derwent replied to claireloupul's topic in Employment and minimum wage problems
You can find all the info in the ET rules of procedure. For the £33 cap it is under Rule 79 (2) which states that it is currently £33 per hour and increases by £1 on 6th April each year....http://www.legislation.gov.uk/uksi/2013/1237/schedule/1/made -
respondent tactics? is this normal?
Derwent replied to JEATMF's topic in Employment and minimum wage problems
I would write back to them but make sure you clearly mark any correspondence to them as being WITHOUT PREJUDICE, so they can not be used as evidence by the other side if you do end up at a full hearing. Tell them that you are willing to consider entering a compromise agreement for the sum you proposed and offer them the opportunity to draft such agreement for you to consider. Let them produce an agreement proposal before you make any decision. If you're not happy with what they propose then you are still within your rights to reject it and proceed to the ET hearing, so there's nothing lost by exploring the option of a compromise agreement. -
Application of costs
Derwent replied to claireloupul's topic in Employment and minimum wage problems
He just threw it out. As I said earlier, different courts have different thresholds for judgements - in criminal it's beyond reasonable doubt, in civil it's balance of probabilities and in the ET they apply a "reasonable belief" test. If you can demonstrate a reasonable belief that you had a genuine grievance then you should be ok. Interestingly, I notice that the Apprentice winner who took Alan Sugar to tribunal won her costs hearing yesterday even though the actual tribunal said her case should never have been brought. The judge's comments about her belief that she had a case should reassure you a bit..... http://metro.co.uk/2013/09/25/lord-sugar-to-sue-apprentice-winner-stella-english-for-damages-4110758/ -
Application of costs
Derwent replied to claireloupul's topic in Employment and minimum wage problems
I think Becky meant don't bother contacting them for the costs as they are obliged to provide you with the detailed breakdown. If they don't send you it automatically then it puts you in a stronger position when the hearing happens if you haven't been given a copy in advance. Also, don't be panicked into thinking that these hearings are formal courtroom affairs. Some can be but my costs hearing was just me, the judge and the other side's solicitor sitting around a conference table in a meeting room in the court building, it was very informal and whenever the solicitor started talking in legalese the judge would stop him and make him talk in layman's terms so I could understand.
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