Hello Just looking for advice on whether or not I have a case for breach of contract / constructive dismissal. I have worked for my current employer for 8 years who is a well known healthcare provider. I recently completed training with my employer so that I can pursue a career for which professional registration is mandatory. I received a new contract for my training and it recognizes my continuous employment. One of the terms in my contract states that my continued employment after the training finishes is dependent upon successful registration with the professional body. It goes on to state that successful registration will enable the company to retain me in a professional capacity subject to available opportunities. I have been registered now for a few months now and it has become quite clear my manager does not want to employ me in a professional capacity. Whilst there is a general shortage of positions in my area, there have been vacancies for which I have been overlooked. The reasons my manager gave where that my interview performance was not good enough during the training period. During the interview the manager declined to consider my relevant, considerable work experience gained in another country within the same profession that I am now qualified for in the UK. I had a "run-in" with the manager when it came to arranging my training as I was initially offered the training contract by a stand-in manager. That was subsequently nullified when the current manager returned, and I was interviewed again and refused a training position. I took it to Head Office and they reversed the decision and awarded me the training contract. It’s no surprise that I now find myself unable to secure a position in a professional capacity as I have had to be interviewed by the same manager. I again complained to Head Office and submitted a grievance, the result of which I haven’t received, but they appear to be backing the manager. The only positions so far that Head Office said I can apply for have been presented to me as “relocation” positions, even though there have been more local positions advertised. They know I have children settled at school, so relocation isn’t really an option. After I became registered they issued me with a letter mentioning redundancy although nothing else has been heard. I am currently working in the same position as I had before the training. It seems as though I will have to leave the company and try for employment in a professional capacity elsewhere. Thanks in advance

Hi all, I have recently gone into my local branch of Natwest to discuss setting up a business account for a new business venture I am looking to set up. The business is in relation to Botox treatment and i was looking to set up a salon with my friend. The branch manager questioned me on what qualifications i needed, who did my training, where my training was, how much it cost etc. I thought at the time this was a bit odd but nevertheless answered his questions. This all took place approximately 1 month ago. Since then the bank managers wife who owns a dental practice near where i live, has now started to offer Botox treatment from her dental practice. I phoned up the dental practice to find out a little more as this seemed a little too coincidental. The botox practioner who i spoke to advised she had recently done the training, advised where she had had the training and the person it was with. I was shocked to find she had recently gone to the same company i had used for the training and was also trained by the same girl who trained me. I feel this branch manager has totally breached some sort of confidentiality rules but as I am a lay person in the street I am unsure as to how best approach making a complaint or even if there is one. Any advice and guidance would be most appreciated.

Ok, here is the situation. I changed from Bt to SKy in January 2012 for telephone and broadband. One of those offers where the first 6 months broadband is half price or something. I make a fair number of national calls so as with BT I subscribed to Skys 'free' national calls up to one hour blah blah. In August i had to complain to Specsavers head office so rang their Guernsey telephone number. It is a national dialing code, not international prefix obviously. 7 minute call. Today I was checking through my online bill and found a national call charged at 74p total, which was that call. I sat for 40 minutes in a chat window with someone in India who basically argued the toss with me about Guernsey being in the UK or not. National dialing code, listed on the bill as a national call, no contest I think. They are now going to escalate this enquiry to the right team blah blah, who will IF they decide it is national refund me the whole 74p. Woooooooo! I know i am right and they are wrong, even by the very definition that they themselves have listed the call as a national call! Foot and shot i think! So, as they will not budge at the moment, are they in breach of the 12 month contract I am tied into by way of overcharging? I am obviuosly not happy and will gladly say goodbye to sky. Anyone know if they are in breach? if so i am free to go, so to speak.

Hello, I would like any advice that you may have regarding a breach of confidentiality by a doctors receptionist. I have a 'friend' who works at a local doctors surgery as a receptionist. I saw her at the local shops today and she came up to me to chat. She started talking about a mutual friend who is suffering with cancer. She went into some detail of how bad things are for this person and how she is now on anti-depressants etc. Before ending the conversation this woman also said to me not to mention it to our friend as she only knows through reading her notes at the surgery. I telephoned the person in question after this and asked how she was doing etc. I did not mention my conversation at the shops with the receptionist but it seems that this person has not actually seen the receptionist for a while. It is not the first time the receptionist has discussed details of patients medical information with myself and other friends but I now think it is time to take some action. This conversation was in the middle of a local shop and open for anyone to hear. Plus I did not ask for this information and did not feel comfortable being given it (this I did say before ending the conversation and leaving the shop). I have thought about writing to the practice manager at the surgery but I would like any advice on who else I can report this too. Surely it is a breach of the data protection act or some medical rules? Thank you in advance for any advice

Is there a vodafone rep available asap. as mum's account has gone awol and we have another user's account.. . rang today was promised a call back within 3 hours 4 hours came and when then phoned back and got told he must be telling you the wrong information its more likely to be 24-48 hours. . arghhh totally unacceptable .. if i can access this chaps information and i mean all of it then i have potential to commit fraud as does the person who has mine?? why are you NOT taking it too seriously

Hi guys This is my first post so I hope I do it right. I have recently changed job and my previous employer has deducted nearly a thousand pounds from my wages to cover training that I have had in the last year. I have changed jobs within the last 10 weeks. My previous employer has a clause in the contract that they can make deductions for training if I leave within 12months of the training being completed. I completely acknowledge this. Here is my question, sort of! I have asked my previous employer to pay me back. The reason for this is that I do not believe that my contract was ever valid. The contract was for a specific job title of mobile sales and service technician. In order to hold this, or any other role in the company, new staff must complete a compulsory training course leading to a City and Guilds qualification. The company is set up as a franchise so the franchisee has entered in to a contract with the franchisor which includes clauses to cover the training of staff. My employer refused to send me on this course for 4.5 years. I asked to be sent on the course over 10 times. The course that he decided to send me on before I left was completely unrelated to the business model and was something he wanted to venture in to. It produced some results and the course made the company more profit than the course fees. Whilst I was with the company, the employers son joined. He was sent on the compulsory course as soon as he started and I was still refused. I was the only employee of this company, out of 750+ in the network, not to have been given this training. It was for this reason amongst others that I have changed job. I now have I higher position and a greater scale of pay. I know that I cannot quote constructive dismissal as I found another job before I handed my notice in. How can I get the money back? Do I need to go to Tribunal? Many thanks in advance, Andy.

Desperately need advice, I can't sleep with worry I was offered a job by a new company around 3 weeks ago, handed my notice in with current company, but my notice period is 3 months. I managed to come to an agreement with them that it'd be 8 weeks which means I'd have left on the 14th Sept. A colleague of mine is pretty disgruntled and said he was looking to move. I sent him an email saying the following to his PERSONAL account from my personal account Anyway, this bloke has grassed me in to the higher ups, and today they've lawyered up and brought me in to a room. First of all, they've threatened me with legal action. The exact words is as follows The question: Where do I stand here? Any help is appreciated. What's the deal regarding my notice period? I've got email confirmation of an earlier end date, is this legally enforceable in any way?

Good Afternoon, I would appreciate some advice please as I am so frustrated and annoyed at what recently happened to me. I have worked at a company for almost the last year (51 weeks), and with no warning other than a meeting request 15 minutes beforehand, I was told I did not pass my probationary period ( I thought my probation period was 6 months...its not specifically mentioned anywhere in my contract, though it does say in my offer letter that there would be an appraisal after 6 months...which has obviously come and gone)... and had to exit immediately. I was given a weeks notice, but was told I did not have to work it. I have never been on any performance management, or had any issues regarding my performance with HR... in fact as no-one had mentioned anything to me beforehand, I assumed I was doing quite well...then I was let go!! I know being less than a year there limits my rights, but when a company has performance management procedures and disciplinary procedures in place to follow, can they just do this to me?? Look forward to some responses....thanks in advance

My friend and I have been renting our house since 9th March 2012 through a letting agency. The rental of £475 has been paid in full every month, until.... During May 2012 we received a letter, recorded delivery, addressed to 'The Occupier' from Winterhill Largo with a Notice Of Inspection. The letter went on to notify us of a change in receivership for the property. After a brief phone call I was informed by Winterhill Largo that our landlord had missed mortgage payments on the property and therefore the house had been repossessed. I immediately notified our letting agency but they didn't know anything about it! Further letters were sent from Winterhill demanding payment to them, not the landlord or his representatives. We made copies of all the letters and gave them to our agency who informed us they could not get in contact with this company and adviced us not to pay anything to anyone until the situation had been rectified. We have received a letter today from our letting agency confirming our property is now under new ownership and demanding payment of £1250 in rent arrears! Does this disruption results in a breach of our tenancy agreement? We are now frantically looking for somewhere else to live and would prefer to use the money saved during this period to secure new accommodation. Do I have any rights?

Hi, I run a limited company and suffered some financial difficulties within the last three years which meant our bank Natwest (RBS) piled loads of banking charges onto our account meaning our overdraft was used and we could not get out of it. At the beginning of 2011 they decided that they wanted there overdraft back and it meant we had to pay up in full (£10,000) or face a default judgement (ccj). We couldnt afford this and ended up with a ccj on Oct 2011. Natwest wouldnt reduce our overdraft gradually nor allow us to pay over a period of time. This ccj was passed to me directly as I was the guarantor for the overdraft. We are / were let down by the reccession and RBS losing money and pulling back their credit facilities. This ccj has caused us many problems and has caused us much financial restraint affecting our earning potential and has put our business in serious trouble financially. We know we were not great before having to use our overdraft but they have not helped us during difficult times. Do we have a potential case against Natwest for unfair charging and not trying to help us as a business after 10 loyal years with them??? We urgently require help in recovering our losses and charges paid. Is there anyway of getting the CCJ overturned 9/10 months in? We are paying monthly repayments, but are nominal due to our hardship. We have been charged £8,500 in bank charges over the last couple of years which made our overdraft always active. We are still trading but for how long im not sure. Even without the Ltd company I still have the ccj personally. All advice and leads greatfully received. Are there any legal avenues we could try? Thank You in Advance

Hi, thanks for reading post - look forward, I hope, to your comments! If you were out and about locally where you lived, bumped into a couple of ex colleagues who you had worked with for several years - if they then proceeded - unprompted by yourself - to tell you that, they had recently had an allegation made against them at work, had been investigated, had to attend a susequent disciplinary hearing, the outcome also revealed - which was no case to answer - and also named the person who had made the allegation against them (who you used to work with also and knew well at that time) - would this be considered to be a breach of confidentiality? I know, that you are always told after such events, having just had my own recent DH, that you are told, that the information is confidential and must not be discussed - yet my Union rep says that it is not a breach, as this happened to them - is their own personal information, and if they want to discuss it they can - confusing!!!! i would welcome your comments! thanks in advance as always x

Hi all, I was knocked off my motorcycle two weeks ago by a driver on their phone. Her insurance company agreed to accept liability - however they have now sent me an 'Assignment and agreement form' to sign as the insured was in breach of their contract. They have said that if I sign this form, they will payout as agreed, rather then me have to persue her through the courts to get an order, which ultimately they will have to pay. I get this is cost avoidance on their part, but is it normal practice and is the form (below) ok, I am slightly worried about this section " NOW IT IS AGREED AS FOLLOWS:- (i) EUI Ltd shall make and the Claimant shall accept a payment and payment shall be made and accepted in full and final satisfaction of all claims whatsoever which the Claimant may have or acquire against EUI Ltd in respect of the damage to property and/or bodily injury caused by or arising out of the incident. (ii) The Claimant acknowledges receipt of this payment". As no payment has been made yet. I have asked them to provide a full breakdown of what they will pay before I sign the form. Thanks John ================================================ ASSIGNMENT & AGREEMENT This Assignment and Agreement is made the xx June 20xx between Mr xxx xxx (hereinafter referred to as "the Claimant") and EUI Ltd of PO Box 18, Cardiff CF10 3WX (hereafter known as ‘EUI Ltd’). WHEREAS (a) The Claimant has suffered damage to property and/or bodily injury caused by or arising out of an accident dated xx xxx 20xx (b) In the light of the enquiries that have been made it appears that: (i) An ‘uninsured driver’ is liable or is held liable to the Claimant in respect of the damage to property and/or bodily injury arising from the accident. (ii) This liability is a relevant liability as defined in paragraph 5 below. (iii) There is no Insurer (or no Insurer whose identity can be ascertained) who is obliged under any contract of Insurance to indemnify the Uninsured driver in respect of this liability. (iv) The Uninsured driver at the time of the accident was driving vehicle insured under a contract of Insurance between EUI Ltd and a person insured or purportedly so insured by EUI Ltd; ‘the Insured person’. (v) Accordingly by virtue of and in accordance with the provisions of the Road Traffic Act 1988, EUI Ltd could become liable to satisfy a Judgment obtained by the Claimant against the Uninsured driver in respect of this liability should the Claimant litigate the matter © The Claimant has applied to EUI Ltd or the Uninsured Driver for payment of fair and reasonable compensation in respect of the damage to property and/or bodily injury and has offered to assign to EUI Ltd his/her rights of action against the Uninsured Driver as set out below. (d) EUI Ltd is desirous of avoiding delay and unnecessary litigation and cost and has offered to make a payment to the Claimant based on the fair and reasonable compensation for the damage to property and/or bodily injury and to take and assignment of the Claimant's rights of action as set out below. NOW IT IS AGREED AS FOLLOWS:- (i) EUI Ltd shall make and the Claimant shall accept a payment and payment shall be made and accepted in full and final satisfaction of all claims whatsoever which the Claimant may have or acquire against EUI Ltd in respect of the damage to property and/or bodily injury caused by or arising out of the incident. (ii) The Claimant acknowledges receipt of this payment. ASSIGNMENT 2.1 The Claimant hereby assigns and transfers to EUI Ltd absolutely: (a) All rights of action and right to claim damages (other than in contract) of the Claimant against the Uninsured driver and the Insured person in respect of the damage to property and/or bodily injury caused by or arising out of the accident and; (b) All rights of action and right to claim damages (other than in contract) of the Claimant against any person in respect of the damage to property and/or bodily injury caused by or arising out of the accident, providing always that such person was at the time of the accident under a relevant liability as defined in paragraph 6 below. 2.2 Accordingly EUI Ltd shall be free, but not obliged to make claims and take legal proceedings in its name against the Uninsured driver and the Insured person and/or any other persons referred to in paragraph 2.1 (b) above. EUI Ltd shall indemnify the Claimant in respect of the costs of such claims and legal proceedings if not recoverable from the Uninsured driver and the Insured person. CONSENT TO MAKE CLAIMS AND TAKE PROCEEDINGS IN THE NAME OF THE CLAIMANT 3.1 Additionally the Claimant irrevocably agrees to permit EUI Ltd to make claims and take legal proceedings in the name of the Claimant: (a) Against the Uninsured driver and the Insured person in respect of the damage to property and/or bodily injury caused by or arising out of the accident, and/or; (b) Against any other person in respect of the damage to property and/or bodily injury caused by or arising out of the accident. 3.2 EUI Ltd shall indemnify the Claimant in respect of the costs of such claims and legal proceedings if not recoverable from the Uninsured driver and the Insured. 3.3 The benefit of proceedings shall accrue to EUI Ltd. 4. INFORMATION AND ASSISTANCE As a condition precedent the Claimant undertakes to give EUI Ltd and their Agents all information and assistance in his/her power and understands that he/she may be required to give evidence in legal proceedings and agrees to give such evidence. EUI Ltd will pay the Claimant's reasonable expenses incurred in providing such information and assistance and/or attending as a witness at such legal proceedings. 5. VALIDITY If for any reason it shall hereafter appear that this assignment is or might be in part or in whole invalid or of no effect the Claimant hereby authorises the EUI Ltd at its own expense to bring against the Uninsured Driver or Insured person in his name, such claim as may appear to it expedient, EUI Ltd indemnifying the Claimant and holding him harmless in respect of all costs and liabilities arising out of such claim; and in the event that it shall hereafter appear that the assignment hereof is in part or in whole invalid or of no effect the Claimant shall execute in favour of EUI Ltd an assignment of the proceeds of such claim and shall be liable to reimburse EUI Ltd in respect of its outlay; Provided that (1) the EUI Ltd will not seek to enforce such reimbursement other than by the recovery of the aforesaid proceeds of the claim against Uninsured Driver or Insured person and (2) to the extent that the assignment hereof is valid and effective the same shall subsist and the EUI Ltd shall not be required to execute any re-assignment to the Claimant 6. DEFINITIONS In this Assignment and Agreement:- "Contract of Insurance" means a policy of Insurance or security. "Insurer" includes the giver of security. "Relevant Liability" means a liability in respect of which a policy of Insurance must insure a person in order to comply with Part IV of the Road Traffic Act 1988. "Accident" includes two or more casually related accidents. Signature: ...................................................Claimant: ...................................………. Signature: ................................................... For and on behalf of EUI Ltd ==================================== Thanks again John

I hope I've posted in the correct section as most of the Data Protection issues seem to be about Defaults. Recently a pony which was stolen from me some time ago has been found wandering loose. RSPCA scanned it and luckily the chip was still in my name. They called me and left a message. I called them four times to finally get a reply. I was then told the pony had escaped from a garden which it had been put it My issue is this. I fianally traced the lady who's garden the pony had been in and she told me that an RSPCA Officer had told her she could keep it or give it away as they would rather it didn't come back to me! They told her I was 'known' to them. This has caused huge problems with the lady thinking I'm some kind of monster and she won't let me have access. Cut a long story short the pony is coming back now, but I'm fuming. Yesterday I called the RSPCA and got the Inspector to call me back....which she did. She told me that there was no way they would have said anything about me and it would have been a breach of Data Protection. She seemed genuine. I have also found out that another Inspector was involved and it was him who'd come out with all of this. I haven't yet spoken to him. To summarise: The lady RSPCA Inspector called both myself and the lady holding my pony yesterday and confirmed that yes, I was on file with absolutely no cause for concern and that the pony should be returned. My problem is that the lady holding my pony cannot be lying as the RSPCA had also told her I'd moved from the address they had. Someone is lying to me and I know they have discussed me with this lady. Yes, the RSPCA were called out after I rescued a pony last year. When they came out they were amazed with how well I'd done. I made sure I gave them all the photos and contact details of where I'd got him from. So, an Officer who has said to someone 'Keep the pony as we don't want it going back to the owner as she's known' is surely breaching data protection? I want to make a SAR today, but am also going to leave a message for this second Inspector to call me as I'd like to question him. Am I doing the right thing? Could someone then remove anything that may be on file before I receive a copy? I hope my post makes sense as I'm so angry.

Hi there, I wonder if anyone can provide advice. I won't go into too much detail but I am leaving my current job and starting a new one in June. I am on leave at present. I have found the new job whilst employed and it does reflect a promotion however I have only left due to bullying which my area manager is aware of. My reason for the post is the area manager instructed the branch to post all communications including payslips to my home address. After the area manager informed them of my leave date and saying he was sorry to see me go etc. someone from the branch put a mug and what looked like a payslip and dumped it at my daughter's place of work. They were told that she was away on hols but the person still left the items. My daughters' work station is not staffed in her absence apart from 2 days a week and my items were not kept secure as it is in a public area. You can imagine the gossip this visit generated and also they can't believe a company would allow this to happen. I hadn't made arrangements for this to happen. The 'payslip' actually was my end of year document so just ideal for someone to use for identity theft purposes! I have written and complained and asked how this could happen and I do know who was responsible but I do not know about privacy rules regarding payslips etc. except that common sense tells us that their actions isn't something that is acceptable.