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Bigredbus

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Everything posted by Bigredbus

  1. Hi, In short, yes, you have a right of access to the medical report prior to it being sent to your employer. Good practice would be that that doctor discusses the content of his report wih you before it is sent out to the employer.
  2. Hi, Your employer's proposal/suggestion is not unreasonable from a structural point of view... hence his offer to demote you is not by itself devoid of sense. However, you must bear in mind that, if your application for flexible working is accepted, the resultant change to terms and conditions will be permanent and only reversible upon a new application 12 months after the initial one (which may not be then agreed to). And as stated in the post above, you only get paid for the hours you worked, and the rate of pay reflects your 'grade', or position... Now, if there are more than one person in your 'grade', or position, working in your department, it would maybe be beneficial to discuss a possible transfer of hours for a determined period of time.
  3. Hi, Do you still have your contract of employment? Is there any clause related to repayment of money due if you leave the company?
  4. Well, Pushing the reasoning, I'd say that you putting yourself at risk of more bullying by trying to confront him on his behaviour. However, it may be productive and positive if that maager is behaving as such unconsciously...
  5. Because you already stepped up and talked to your hierarchy about it, it would be better if you initiated a formal grievance. If you intend to do so, make sure it encompasses dates and times, and how you view his behaviour as being ''bullying''... You should consult your handbook of employment (if you have one) in order to get familiar with the grievance procedures. If you do not have a handbook of employment, you may want to visit the ACAS website where you will find the Disciplinary and Grievance Procedures (2009)...
  6. Hi, How long as this behaviour been allowed to go on for? Do you carefully document every instance of ''bullying'' in a diary? When did you approach your hierarchy about this issue and what has been done about it so far?
  7. First of all, let me congratulate you on both obtaining your ATPL (even if it's slightly belated), and landing a job in the industry... Costly, but rewarding! Now, a few large airlines have their own training schools or have pre-arranged agreements with training academies. British Airways has just launched the ''Future Pilot Program'', a sponsored pilot training scheme. They choose young graduates and finance their ATPL, thus guarantying a position upon the obention of their license... and a longer return on investment.
  8. Well, as worded in your handbook of employment, the term ''usually'' would mean ''as a rule'' and probably not meaning that you could apply a second time within the 12 months timeframe. Now, how large is the company you work for? An employer may refuse requests for flexible working only for one of the following reasons: (a) the burden of additional costs; (b) the detrimental effect on ability to meet customer demand; © the inability to re-organise work among existing staff; (d) the inability to recruit additional staff; (e) the detrimental impact on quality; (f) the detrimental impact on performance; (g) the lack of work during the periods when te employee proposes to work; (h) the planned structural changes; (i) other grounds which the Secretary of State may specify from time to time. Try to see if other options may be investigated, like shift swapping, compressed working hours, or even annual hours...
  9. Hi, I am sorry to say but flexible working arrangements are regulated by ERA 1996, s 80F - 80I and, indeed, only one application may be made in any 12 months period. However, due to the nature of your situation, it could help if you got in touch with your HR department personally and not through your manager.
  10. Hi, Throughout those 13 months did your employer keep in contact? and has he made enquiries about your health (diagnosis and prognosis)? and Did you keep in touch with them, apart from sending fit/sick notes?
  11. Hi, One of the conditions for a Compromise Agreement (or Compromise Contract in relation to discrimination claims) to be valid is that the employee must have received advice from a relevant independent adviser, who's fees are generally paid by the employer. If the offer is not satisfactory, I suggest that you approach an employment law firm and get a lawyer to assess your case... the first half hour is generally free.
  12. Hi, I am sorry about your misadventure and the way you have been treated... You agree that you should not have handed over that letter just upon their demand. If you feel threatened by their behaviour, then make sure you do photocopy it a few times prior to handing it over. They should never have asked for proof of your hotel reservation either... Now, you have been layed off due to low work volume... (a) who informed you of that (the agency or the employer)? (b) do you have a contract at hand? © you were employed for 15 months?
  13. Hi, In addition to the above post... (a) could you, please, state precisely what were the grounds to both allegations? (b) state the grounds for dismissing you on gross misconduct? © for what reason, or reasons are you ''suing'' them?
  14. Hi, As you are aware, your company must send you a copy of their internal disciplinary and grievance procedure upon request. Nevertheless, such policies follow the ACAS Code of Practice: Disciplianry and Grievance Procedures (2009) (a copy of which you can find online, on the ACAS website). You are encouraged to follow those procedures. Make sure you do not attend any hearing/meeting on your own. If you cannot find a work colleague to accompany you, because they feel threatened by a possible retaliation by the employer, you may want to inform any of them that they would be legally protected as accompanying a work colleague to a disciplinary/grievance hearing/meeting is a protected act. In terms of time limit as to lodge a claim, you MUST keep to your deadline and lodge it on time. You always can withdraw the claim at an ulterior date if you obtain satisfactory redress at the appeal... You cannot introduce new issues at the appeal hearing, unless such issue has been discovered prior to the hearing. And lastly, if they are being selective in their dealing with your grievance, do not force anything... Just put your points across (all of them) and wait for their answers... they may prefer to remain silent... however, you want to take precise notes of that hearing/meeting, and noting that they declined to answer to some or all of your questions.
  15. Hi, You would benefit from reading the ACAS - Code of Practice - Disciplinary and Grievance Prcedures (2009)
  16. Well, Have a read at the following... Employment Rights Act (ERA) 1998, s 57A and read RBS v Harrison (2008) UKEAT/0093/08 You should also write to the HR department and transmit the details of your case, including steps you took so far to find solutions to your problem and that you are open to reasonable advice. In my opinion they are being rather absurd and unsensible in dealing with your case. One major point... do keep trace of every correspondence regarding this issue. Make sure that you approach them in writing ONLY, either by letter or by e-mail.
  17. One question, if I may? Going back to your contract of employment, is there a clause establishing your workplace location? Are you contractually office based (at the head office (HO)) and then been allowed to work from home or does your contract state that you work from home and visit the HO on a need to basis?
  18. Not to worry... However, make sure that your grievance encompasses every detail... and, if possible, raise a joint grievance...
  19. Wait a sec... if I may say so... Your initial intention was to actually increase your working hours to 16 hours per week so you could benefit from WTC... I first understood that your request had been either refused or not processed... Now, because of personal circumstances, your mum, mother-in-law and ex-partner situations, you have no one to look after baby while you are working that specific shift (16:00 to 20:00)... (a) How many instances of ''unauthorised'' absence are we talking about here? (b) Did you inform them of those absences prior to it? and gave reasons for it?
  20. (a) that clause is ambiguous and does not state clearly what is considered as loss of goods, or financial loss. It does not clearly state what is to be deducted (and how it is calculated), from where and when... (b) even if your employer does have the right to make a deduction, he must still show that the deduction is in fact justified, and, assuming that deductions are made out of your wages without giving you an advance warning of how that deduction is arrived at and justifying reasons to effectuate such deductions, it could well be construed as being unlawful deductions and a tribunal would be very astute in striking down terms and agreements which contain such ambiguities.
  21. Well, This document you filled in defeats your objectives, as your intention(s) was/were to increase your working hours from 15h/week to 16h/week in order to reach the threshold for Working Tax Credit (WTC)... Now, you could write a letter stating that you wish to revoke that request you did put in as your intention(s) was/were at the time a request for an increase of your working hours for the reasons stated above. One question though... Did they refuse your flexible time request? and if yes, what reason, or reasons did they invoke? I understand that your manager may have been confused as one of the elements relating to flexible working relates to the hours the employee is required to work...
  22. One last question... I know that you posted the content of that clause in your initial post, but could you post the exact wording of that clause in your next post, please?
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