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millitant

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Everything posted by millitant

  1. HR do not themself have to be in a disciplinary meeting, all thats needed are 2 managers, one to take minutes and a work place representative if requested if it is proven beyond doubt the meeting room is being kept under survaliance then that would be grounds to resign and claim constructive dismissal but you would need hard facts on this and you are treading on dangerous ground
  2. is magna carta great paper or great charter my latin is not that good
  3. the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999, consultation has to be with a trade union where one is recognised, or with other elected representatives of the affected employees where no trade union is recognised. (Employers continue to have a duty to act fairly and reasonably in handling redundancies and informing and consulting affected employees individually, regardless of the number of dismissals)(11). The consultation must take place with a view to reaching agreement with the appropriate representatives and must include discussion about ways of avoiding the redundancies, reducing the numbers to be dismissed and mitigating the consequences of any redundancies. Consultation should be completed before any redundancy notices are issued.
  4. The Trade Union and Labour Relations (Consolidation) Act 1992, as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995(10), requires employers to consult about redundancies in circumstances where it is proposed to dismiss 20 or more employees at one establishment over a period of 90 days or less.
  5. your employer should be doing this through a workers rep if you do not have a union give ACAS a call they will advise on the phone in confidence on any employment issue including redundancy
  6. they are cutting it fine they have to anounce when the consultation period will start has has a minimum 30 day period for 20 staff to anounce redundany A minimum consultation period of 30 days applies where between 20 and 99 employees are potentially affected. you are governed by statute legislation now which the employer cant overide
  7. if the company has decided to move then yes, redundancy has to be offered if it is unreasonable for you to travel your company will state the reasons for moving and give you your options work as normal work under protest resign and claim constructive dismissal those will be your three options at the end of they day besides taking redundancy how long is it till the move has the consultation period started yet, one 2 one for example
  8. link do this all the time just request a copy of the agreement (cca request) from link should put this one to bed
  9. a lot depends on how many people are expected to move to this other unit 47 miles is unreasonable to travel without any financial assistance. i believe a tribunal would expect up to 30 miles traveling distance as reasonable in this case. the norm is the company would offer some sort of financial arangement say up to three years if you decided to move. milage allowance for instatce as the company would like to hang on to qualified staff and offset the milage against traning costs. the sinario is not guaranteed and is subject to redundancy negotiations your only option would be redundency if you are not prepared to move minimum redundancy pay set by the goverment is £430 for every year but your own employer may be higher in redundancy terms as child care issues are involved the employer by law has to consider flex working practice as well in any redundancy option
  10. i will have to do some checking but if you took out a student loan before july 1998 then it is covered under the old act and not enforceable as to the statute of limitations after that date it is fair game when did you sign for the 1998 loan is the key
  11. you set the standing order up with the bank, not the PDL company THE PDL company just send you their bank details and payment reference number, you yourself put the form into the bank
  12. quick question and not going off topic we all know that any tax . be in income,poll tax,CSA,whatever do not become statute barred and you can be chased until you are six feet under, so to my question how can the CSA or local authority make you bankrupt when the CSA,council tax cant be included in the bankruptcy PETITION sort of defeats the object
  13. as long as minutes are being taken and both sides agree with the transcript then i see no reason to do a covert recording as long as you have a rep or independent person in with the meeting as well
  14. i regard any recordings, either by the employee or employer without the agreement of both parties to be a total breach of trust
  15. Your name and address The prosecutor DVLA XXX XXX DATE REQUISITION TO ATTENDXXX MAGISTRATES COURT ON XX/XX/2012 Vehicle registration xxxx xxx Dear sir/madam I am writing in regards to the requisition sent to me to attend xxxx magistrates court on xx/xx/2012 to answer charges of failing to notify the secretary of state on change of vehicle ownership. I will be pleading NOT GUILTY on all charges as I consider I have no charges to answer. I am now informing DVLA that I surrendered the vehicle V5document to DVLA as required by law. The V5 was returned to DVLA by first class post. My responsibility ends as soon as I relinquished control of delivery to royal mail. I take it I do not have to remind you on Section 07 of the Interpretations Act 1978 7. Where an Act authorises or requires any document tobe service by post. served by post (whether the expression "serve" orthe expression " give " or " send " or any other expressionis used) then, unless the contrary intention appears, the service is deemed tobe effected by properly addressing, pre-paying and posting a letter containingthe document and, unless the contrary is proved, to have been effected at thetime at which the letter would be delivered in the ordinary course of post. In effect what this means is that by correctly addressing an envelope, affixing a stamp to cover the necessary charge (as is required), andby placing the item in a Royal Mail Mailbox, I have fulfilled my responsibility to notify DVLA AS REQUIRED BY STATUTE LEGISLATION. May I ask other than royal mail, how I am able to deliverthe V5 document to DVLA. DVLA even put their address and postcode on their documents so I must take it that is the normal method for exchange of correspondents. I will now move onto more details on my responsibilities as to the V5 document Detailson the V5 state - 'Once we know about the changes, you should receive an acknowledgement letter to confirm that you are no longer responsible for the vehicle. If you do not receive the letter within 4 weeks, please phone 0300 790 6802. Can you please advise under what Statute Legislation I am lawfully obliged to contact DVLA if I do not receive any such acknowledgement or correspondents from DVLA. The question of the legislation on contacting DVLA and statute legislation has already been judged in various county courts and has been found in the defendants favour. This matter has been discussed in great lengths on BBC TV Watchdog. I will be providing case details to the court if needed It has been confirmed through Freedom of Information Requests that DVLA do lose mail for which I will be laying before the court as evidence. I must also inform the prosecutor that I am fully aware of the Paul Kennedy case. MR Kennedy claimed he was wrongfully convicted of the same offenceI am being charged with. Mr Kennedy appealed his case to Chelmsford Crown Court at 10.00 am on Friday 9th September 2011. DVLA prosecutors at Swansea withdrew its cause of action and offered no evidence to the crown court. No doubt this was to stop a precedence being set as case law being it was a court of appeal and binding on all equal and lower Courts. I can assure DVLA that if I am summoned before themagistrates and convicted, I will be seeking leave to appeal to the crown courtbeing that magistrates are normally lay magistrates and not familiar withstatute legislation. I trust this letter is explanatory in its context and reserve the right to show this letter in court if needed. Yours sincerely THE LETTER ABOVE IS THE ONE I DID,SEND TO THE PROSECUTOR ON THE REQUISITION FORM
  16. what i would like to know is how the retail sector has allowed this to happen you mention xmas and extra hours if the manager does not want to do those so called extra hours or unpaid overtime he should not have to. xmas is a busy period i grant you so what is stopping a retailer going to an agency and hire extra staff royal mail use students for an example its not like you cant plan or forcast for busy periods such as xmas or bank holidays the real problem is with staff worried about their job if they complain as the contract of employment is all but worthless now. the meeting of business needs is just an implied term in any contract of employment and that term as i have allready stated is just for a one off event for the good of the company, not the norm i am talking of things like the zero hour contracts and part time positions also that is also the norm now in the retail industry try getting a loan or mortage on a zero hour contract have you thought all those extra minutes of working for free may be stopping you or a collegue from getting a full contract of employment
  17. send the SAR to arrow global make sure you highlight the request for agreement assignment how the assignment was served default notice termination notice etc,etc
  18. if all rights and duties have been assigned by absolute assignment the sar goes to number 2 just because a dca has been assigned the rights does not mean they have been assigned the duties was it the dca who took you to court under their own name or the original creditor to explain when the dca took you to court was the original creditor on the claim form as well as the dca or was it just the dca what was the name of DCA NUMBER 1 we can soon find out who took over their portfollio
  19. please use an SAR request £10 max what waiting a max of 40 days compared to a costs order if you use CPR then you are liable for the other sides costs
  20. send the dca a sar and be specific in what documents you want disclosed only way i am afraid
  21. i will accept up to a maximum 15 minutes staying above your contracted hours in situations that you state talking to a customer on the phone for an example. these are one off issues if it happens everyday it is a serious no,no management need to evaluate their current staffing level and not "flex up" exsisting staff if people do not object then custom and practice comes into play and management would accept it as the norm that is putting money into company profits and not your pocket, and please do not get me going on family friendly policies etc and how that would effect this so called compulsory unofficial overtime
  22. i am now going to put my tin hat on for this one why is it acceptable for staff to do "reasonable" unpaid overtime you work as to your contract of employment and any extra by agreement is then done at over time rate please tell me where in the employment rights act that the practice of compulsory overtime is acceptable. a one off occurrence for the good of the company is permissable but not every day According to the TUC Labour Force Survey Summer Quarter 2011, 5.3 million UK staff worked an average of 7.2 hours of unpaid overtime each week in 2011. This totals almost two billion hours of unpaid overtime for the year, worth around £29.2 billion. how many extra jobs does that equate to? and by doing this , stopping extra staff being employed so i will ask the question again where does it state in the employment rights act compulsory unpaid overtime is acceptable beyond contracted hours
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