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Shaken

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Everything posted by Shaken

  1. That is the point so the court can decide the way forward. Such as ADR, location of any hearing etc.
  2. Directions Questionnaire Form N180 (I think) I always thought that these were sent by the court to both parties.
  3. For a so called knowledgeable person your advice is poor and sometimes counter productive. You also criticize other people's grammar when yours is not much better. You are spot on. My previous post alluded to this and I think the OP is trying a fast one
  4. As I understand it DD payments to GB energy go towards your outstanding balance for gas and electricity used. If you overpay you are in credit and that credit can be refunded or used to offset future bills. If your DDs did not cover the amounts billed then you need to make up the difference. I imagine you did use GB energy's products so why are you asking for a refund of all DDs. Surely it is only any credit balance that should be refunded. I also find it incredible that you did not receive the advance notice and you did not check your DD payments for 7 months and you have acted only after GB has gone bust and the COOP has taken over.
  5. I really don't know what a sessional contract is but assuming that you are entitled to holiday pay as a worker (ie not self employed) then as you work the same days and hours each week you would be entitle to 2/5 of the annual entitlement of 28 days or 5.6 weeks per year. Some folk work through some kind of 3rd party such as an umbrella company and are classed as self employed. If you are a genuine worker then your leave year will be one of the things that will be in your written statement, details of which can be found on the gov.uk website. See below as I cannot post links. Basically you need to ask for a written statement, then a written grievance and finally an employment tribunal. Look at the gov.uk website, employing people, contracts etc, employment contracts. The amount of a weeks pay is determined by the Employment Rights Act but as you get the same rate every week then that is the rate. So assume you work from end of Jan to beginning of June then that is say 16 weeks so your entitlement is 16/46.4* 2/5 (you need to work 46.4 weeks to get 5.6 weeks or 28 days holiday and you only work 2/5 of a week). So I reckon you are entitled to just under 4 days holiday. But as you only need to take 2 days off to have a clear week this would in some ways be 2 weeks off. But don't forget that you will have taken 0.14 over your entitlement which would need to be repaid if you left or deducted from any further working. Also some agencies work on an accrual system whereby you cannot take holidays in excess of what you accrue on a stipulated basis. If your regular pay is say £75 per day or £150 per week the that is your holiday rate and by booking your 2 days off for each of 2 weeks then you in effect get 2 weeks when you do not go into work at a rate of £150 per week. If you employer does not pay this then you need to follow the procedure of raising an official grievance and then looking to a tribunal. However before you get to a tribunal there will almost certainly be contact with other agencies to explore ADR (alternative dispute resolution) and you must attempt to resolve the matter before just going to a tribunal and you must be able to show that you have tried to resolve the matter internally through the grievance procedure. Finally you have only 3 months to take a claim to a tribunal from the date when the employer refused to pay.
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