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Bigredbus

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Everything posted by Bigredbus

  1. At the time you lodged your ET1, were you still employed by that employer, or had been dismissed? or had you resigned your position? The former would give raise to an unfair dismissal claim as for the latter it would raise a claim of constructive dismissal... Addendum... Re-reading your post, it appears that you resigned your position, therefore giving raise to a claim for a possible constructive dismissal...
  2. No, you should not... if you hold evidence which support such a finding then you will have to disclose such evidence... You do not need to e-mail the other party to rebut his findings...
  3. Hi, So, you went through with the Case Management Discussion (CMD) and disclosure ordered... Just disclose the relevant documents to your side of the case and do not get into protracted exchanges with the other party.
  4. Well, the first thing you should do is talk to the union representative and find out the motive of that meeting. Then you must attend that meeting... Two possibilites... (a) they discuss a possible phased return to work, or (b) they discuss an exit which would be satisfactory to both parties...
  5. Hi, So... (a) you worked for that company for 12 years as a supervisor; (b) your manager was dismissed for fraud; © you took over the shop and covered up until a new manager was engaged? (how long was that period of time for?) (d) ''it came to a head'' and you went off with stress; (e) you pursued a legal course of action against your employer ad it lasted for 4 years (is it safe to say that it all started in 2008?) (f) you lost your case? (g) you proposed some kind of ''compromise agreement''? (h) apart from what would be due to you (statutorily), they are not prepapred to pay anything else? (i) in order to trigger a reaction you offered to go back to working for them? Now... (1) are you off with work related stress for the past 4 years? (2) has the company taken steps in relation to your ill health situation?
  6. Ok, but does your letter clearly mentioned access to HEALTH INFORMATION? I would either e-mail them, or write to them, stating that you requested access to health information they hold about you and that due to non compliance, the 40 days are still elapsing...
  7. Ok, They have a sense of humour, I may say... However, did you state clearly that you were asserting your rights under the Data Protection Act 1998 in order to access the health information held about you by their services?
  8. This is really an annoying situation... It all depends on what you want to achieve, really... Employers have no inherent rights to lay-off workers as they chose... In the absence of an express right to do so in the contract, such unilateral action can be regarded as a repudiation of the contract, and hence a dismissal... Now, I am sure that you do not want to leave your job, hence I would suggest that you claim Job Seeker's Allowance (JSA) to cover the period leading to your maternity leave.
  9. HI, When you say ''it is compnay policy'', do you hve the clause stating this?, and if yes, could you publish it in a post, please?
  10. Hi, How did you formulate your Subject Access Request (SAR)?
  11. Hi, What is happening in the salon between now and the end of March? When is the salon shutting down? - and when have you been told you would be laid-off?
  12. Hi, I am afraid but you must have completed a year work before you can claim unfair dismissal, hence there is nothing you can do... However you may report them to the health watchdog if you feel cncerned about the way they operate.
  13. You need solid information both evidencial and legal in order to support your arguments... (a) the redundancy... (1) Is there an offer of suitable alternative vacancy? (your employer has a legal obligation to provide such alternative vacancy if one exists within the company, their successor or associated employer). If your employer fails to do so (and there is a suitable vacancy) it will be automatically unfair under ERA, s.99... (2) If there is genuinely no alternative, you are entitled to a redundancy payment (as long as you have two years service). (3) If your employer fails to follow proper procedures (consultation, proper notice, search for alternatives, etc) you could claim unfair dismissal in the ordinary way, and possibly claim sex discrimination. (4) As stated in previous posts (Marie Fabulous)... the position is to be made redundant... and they only can dismiss you upon that position being made redundant... Dismissal prior to that date could be construed as unfair.
  14. Hi, You should start to put your findings in order so you can present facts according to issues you want to address... However, if I may ask... what do you want to achieve?
  15. Hi, This is good practice... and normal procedure!
  16. Well, I see that you are bringing the pieces of the puzzle together... Try to keep things simple... redundancy statutes are intricate and complicate without adding maternity into it (LOL) Try to understand the main lines, and Mariefab stated an important fact in her post #94... try also to read about redundancy procedures... and finally you can bring in the retention bonus...
  17. Info on AML can be found in the Parental Leave etc Regulations 1999 (reg. 17), (regs 18(2) and 18A(2))
  18. I just wondered if you have a ''one fits all'' contract... Now... there is no geographical restraint in that covenant... does that mean that you would be restrained from seeking employment from a competitor or directly competing with your employer nationwide? If that covenant is attempting to deny you the ability to work and earn a living in an industry in which you are experienced and have acquired a set of skills then a tribunal would find it difficult to enforce it. I would go back to the employer, in your case, and require that they define that specific covenant.
  19. You mean a statement of facts... If it is, then as much detail as you can...
  20. Hi, and thank you... Do you happen to know if you have a generic contract or specific one?
  21. Hi, Witness statements... how much details to put in? Do you mean that you are writing witness statements?
  22. Sorry, I skimmed read your posts... and missed that information. (a) you were under a fixed term contract (6 months); (b) the day prior to the termination of your initial contract your employer dismissed you, upon paying you a month notice, when your contract stipulates a week's notice; © you had an offer for a 3 months extension which you accepted; I agree to say that they treated you in an awful way... that there might be an underlying reason for their action... Now, in legal terms, you cannot claim unfair dismissal as you do not have a year service, and technically you could not claim wrongful dismissal as your employer dismissed you upon giving you a month notice before the term expired (instead of the contractual week)... However, because your employer offered you a 3 months extension, which you accepted, and then were dismissed one day prior to the end of your contract (as I understand it), there is an element of unfairness which could be investigated.
  23. Hi, So, you expect that your next disciplinary hearing will lead to dismissal? Leave the content of paragraph 2 aside for the time being. Yes, the point you raise in paragraph 3 is valid and should be entered into your table, and you can go back to your first instance of disciplinary. Disciplinary procedures are legal requirement and you should be informed about such policies at the start of your employment. Those policies are generally issued with your statement of particulars (''contract'') or come enclosed in a ''handook of employment''
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