Showing results for tags 'employment'.
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Hi, I have an employment tribunal hearing on Monday. I worked with respondent for 4.5 years. resigned because of 4.5 years of harassment, bullying, race discrimination. Faced numerous ageist comments from one of employees during first year. Denied promotion opportunities, put through capability assessment in 2015 which lasted for 7-8 months despite GP advise against it. It affected my mental and physical health a lot. Denied smallest of 'work from home' request when contractors and some of permanent employees could use it at will and sometimes for 3 months. They say contractors are allowed to work from home. Put contractors in management position and one of them threatened to put me on capability again in 2017. There is lot more. salary differences for same position, giving minimum 1.9% increment for 2 years and no increment during year when i was put on capability. Senior managers talking openly that why he doesn't go away! when i was seating 6 feet away. Very humiliating. I can't prove any of these. I don't feel I have much of a case. But I wanted to raise it. I HAVE TO! I went through preliminary hearing today. I am representing myself. And respondent has legal counsel on payroll with whom I had been interacting till now. But today I saw that they hired external solicitor. I had just one page ET1 with points as bullet points without much details. Which a very friendly judge in August helped me to elaborate further during PH. But it is still very basic and I used same document to prepare witness statement by modifying bit. I went through CBT in 2015, psychiatric counselling this year after leaving job, and again planned in near future. On antidepressants. I am claiming six months of salary and pension which I lost while being unemployed. I have found equal salary job and going back to all this is really stressful. Can someone please give some highlights of how to go about in hearing. Today's judge was absolute opposite and all of my requests for extra documents. Disclosure has been absolutely biased and nothing that helps me. He was stressing repeatedly that I should prepare for hearing and not focus on peripherals. I was late in requesting modification to disclosure as new job in demanding and i am still on probation. What points i should focus on . What are DOs and DON'Ts. Please help.
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Hello good people of Consumer Action Group, thanks for having me! I find myself in a work situation that I'd really appreciate some legislation-backed-up fact. I've been working for my company manual work minimum wage for nearly 4 years, never rocked the boat, always did my best to keep everyone sweet and help out where I could when people called in sick with management. However, I now find myself in a quandary where I need to take a few days off that have been expressly disallowed by da boss. Our rota goes up a few days before it starts for every two weeks going forward. The boss still finds it acceptable however to change it willy-nilly as the needs of the business dictate. Fair enough if it's a small one-man show, but this is a multi-national. So near Christmas it becomes problematic when people with children suddenly "discover" a once in a life time children's play, or family emergency, I've always tried to help out as I'm a single childless guy. But I have something I must do on Friday 14th that demands I take the day off. I asked the boss, immediately I saw the rota go up today. NO! I said, sorry but YES!! He said review your position, I'll make you work it or give you a disciplinary. I WILL be taking it off, morally and actually. What can I do to avoid the inevitable storm and bad feeling that will result despite me giving him nearly 3 weeks notice about it? It's unfortunate in that unusually this close to Christmas there is no-one else who can cover this specific shift, but I feel given my track record of always covering everyone else with their "sudden child sickness/need to go shopping" issues, etc, that I'm morally in the right to ask for this one little day off. I am prepared to die on this hill. (I'm looking for a new job already for new year), but I don't want to leave on bad terms by just handing in my one week notice now. And then get a bad reference. Especially after 4 years of actually quite enjoying the job and feeling a mutual respect with the boss. But he's dug his heels in with this; and so have I! Any legislation to help me with my stand? Thank you. Pg -
Hi, I've searched and searched for an answer to this and can't find it. I'm hoping someone will be able to help. Under JSA if you won an employment tribunal you had to pay back any JSA received from the award. But if you settled 'out of court' you didn't have to pay back the JSA from the settlement amount. Does the same apply to UC? Or would a settlement 'out of court' be classed as earnings? Thank you.
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Hi All, I wonder if anyone out there can give me some advice on how to deal with my predicament? I should mention before I continue that I worked for the company for 3 years before my dismissal In May of this year I was dismissed from work for gross misconduct, the reason for the dismissal was I did not fulfil my contracted hours ‘my timekeeping was not what it should have been’ Prior to this there was no complaint about my timekeeping nor was I give a formal warning or undergone any disciplinary / capability hearings. My work did not suffer because of this and someday I would start work from home. I was sent a letter to attending a meeting where I was told I would be suspended without pay. I should mention that I have worked for the company for 3 at this point. After 10 days I received a WhatsApp message to attend another meeting, in this meeting I was dismissed. A few days after my dismissal I was called back to attend another meeting, which resulted in my re-instatement (this re-instatement involved me doing the same job with additional responsibility for less money, which I agreed to although none of this was in writing). I was told that in this new role they would be a probationary period of 3 months. After the 3 month I was told that I failed the probationary period and that my service would no longer be required, no complaint or feedback on my work was mentioned during the probationary period. I guess my questions are: · Is the gross misconduct ‘gross misconduct’? · Was the correct procedure followed by my employer? · Was I re-instated under the same T&Cs – I never receive a new contract or JD? I am a union member should I approach the union on this matter? Thanks for your help in advance
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Hi all, I was dismissed by my employer for misuse of a corporate credit card. I had used it to help with cash flow for moving expenses since my employer wanted me to relocate and the costs were having a drain on my finances. At the same time I was going through a stressful time at home with the break-up of my marriage. When I used the card I didn't realise it was considered personal use, since in my mind I was moving for work, and I was eventually dismissed for it. I've been seeing my GP for over a year with stress and anxiety and I think my decision to use the card was clouded by my mental health issues and inhibited decision making. My GP has diagnosed me with an anxiety disorder. I've submitted my ET1 claim form for discrimination due to disability - mental health. I had disclosed to my employer several times the impact the move and the finances were having on me and they took no note and made no reasonable adjustments. The employer has hired a solicitor and they have submitted their ET3 defence and have asked the preliminary hearing is postponed and re-listed from a Case Management hearing to an Open Preliminary Hearing. They deny that I was a disabled person within the meaning of section 6 of the Equality Act at the time of alleged discriminatory treatment. They want the hearing to consider the issue of whether I am a disabled person within the meaning of section 6 of the Equality Act at the time of alleged discriminatory treatment. They also request the Tribunal make the following orders in advance of the Open Preliminary Hearing: · Claimant to provide an impact statement · Claimant to provide copies of his medical records · Respondent to confirm whether a Join Medical Expert report is required I need to firm up my argument that I am disabled under the meaning of section 6 of the Equality Act. My GP has diagnosed an anxiety disorder, but I am wondering what else I need to prepare for the examination by the respondents solicitor. I can provide examples of the everyday activities that are impaired and have a diary of these event going back many months. Also can someone tell me what the impact statement is I will be ordered to prepare? I tried to get a solicitor but can't afford one, so have to represent myself. Thanks for your help.
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i am writing on behalf of my wife. she was employed as a manager for just over 6 months, her employer phoned her up just under a week ago and told her they was terminating her contract as of immediate effect. This was done without any probation meetings and no meetings prior to raise any concerns. I don't want to go into much detail as at the moment she has just started by raising this problem with ACAS. The employer has since claimed via a letter a fictitious probation meeting took place AFTER the dismissal via phone call! This was probably done by them to distract from they acted unprofessional and possibly against employment law. She had disclosed all her health problems at the original job interview and recently was found to have some other problems arise during her employment. She has had time off because of her disclosed health problems but these have been for hospital appointments and she was told to put them in as sometimes sick and sometimes annual leave. Just before the phone call terminating her employment she had informed her Line manager she was going to the GP as she has been under a significant amount of stress with her job, within 10 minutes of notifying the line manage she received the call from the owner of the company terminating her contract. The doctor who assesses her gave her a fit for work note stated work related stress. i would like to point out that they are not going down the health route for sacking as that would be discrimination and they was made aware of that by my wife about 5 months into her employment after they was complaining about time off for appointments. She told her employers she was going to acas as she felt she had not been treated fairly to which the owner said they have a lot of businesses and have a lot of solicitors that they can seek advice from if she chooses to go down that route. anyway i went off course a little but i felt i needed to share a little info as a lead up to my question. As she has already seeking advice from acas under the new data protection rules would/should she make a SAR request to see exactly what info they have or wait until it goes to tribunal? is there a template for an SAR request with the new rules listed and also what can she ask for... also is it possible to ask for any emails, possible taped phone conversations although my wife was never told of any phone conversations that were being recorded, texts, correspondants etc which my wifes name is included in. any info would be greatly appreciated thank you
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Hi I am going to help a friend self represent herself at the employment tribunal. But I have difficulty formulating what her claim is, so hopefully you can help me with that. Details : My friend worked for less than 2 years at her company. Few months earlier new shop manager starts working and everything changes. Sexual conversations and jokes are constantly made, some general, some directed at her, pornographic figures are being made and left at work counter, employee whats up chat is littered with sexual jokes, swearing at customers, inappropiate pictures of customers. my friend raises that with the shop manager on 2 occasions ( who is part, witness or initiates that anyway ). No response until one day that shop manager bursts into furious shouting in front of customers (about another matter) and during that ,,conversation'' the complains are mentioned as well and shop manager claims they are baseless and if my friend was born in UK she would find them normal and would just laugh them off (they are not btw). So enough is enough and my friend complains to the higher ups. She is being moved to antoher shop, investigation starts. 2 months later she receives the conclusion and it is like a joke. Key parts havent been even investigated, employees havent been cross referenced, cctv hasnt been obtained, screenshots of group chat hasnt been considered at all. Some of the things are admitted, but they claim it was in a good spirit and they meant well .. . So she appeals and still no change. Company is ignoring everything, as it might mean it might need to find new stuff for that shop and from what I heard this is not unusual behaviour anyway in their shops. My friend has decided to take them to the Employment tribunal. But how do we formulate the basis of the claim ? Sexual harassment at work, company's failure to safeguard her and others by not being acted upon her complain by her direct manager and then not conducting properly the investigation, the harm to her ( she is seeing her gp as she has been very stressed, anxious and not able to concentrate due to what has been happening ? How do you formulate that, what should be the basis of the claim ?
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Hello, first time on this forum and was wondering if anyone could advise me, So i have been working for a company for 2 years lets call them "B" i have had no issues here but due to the time it takes for my travel i looked elsewhere for employment closer to home, i applied to a company local to myself i will refer to them as "F". I was invited for an interview and also had 3 phone interviews, after a few weeks i was offered the job via Conditional offer, i accepted this offer, provided the information required "references" and handed my notice in at my current job with "B". A few days later i was invited in to "F" get all my details sorted out and sign a contract which i did, this was a few days after providing the information requested. the next day (4 days before my start date and 1 day before i left "B", i received a phone call stating that due to a negative reference from another company (lets call them "M") they are withdrawing the offer of employment, this is 2 days after i signed a contract with this company to start work the next week. Now the reference provided from "M" differs greatly from the reference "M" Provided to me when i started work at "B", i have copies of both references and also the signed contracts. The original reference provided by "m" before i started with "B" in 2016 was very positive and would be considered a good reference, the reference provided by "M" in 2018 is a very negative reference and does not reflect in anyway myself or the reference the same person from the same company provided in 2016. I feel that both "M" for the negative reference and "F" for withdrawing the offer after signing a contract are in breach of some Law here, i am now without a job for the first time in over 8 years, i have bills to pay and less than 1 months paycheck to get me by until i find a new job. If anyone has some knowledge on this subject any help would be appreciated, i can answer any questions if need be. Thanks.
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The tribunal was a few years ago and i didnt have the evidence then but i have it now. The employer lied to the court about details which the tribunal took as true and used them to find my dismissal fair. Without these false details the court would almost certainly have found in my favour. It wasnt a case of they made a mistake with the details, the evidence i have shows they knew the correct details and told the court something else. I didnt appeal because i didnt have the evidence then and you only get 42 days to file an appeal. Ive heard of perjury cases being brought up to 14 years after someone has lied in court ie jeffrey archer. If a lie affects the outcome of a hearing then it shouldnt matter if its a criminal court or an employment court. How do i go about getting my employer taken to court for committing perjury? Who do i report him to? -
My tribunal is being held over four days at the beginning of July. I have just discovered that the owners (who were franchisees) have sold their company to the franchise. They were bringing five witnesses including both of the original directors. My questions are, can I expect to see the original directors turn up as witnesses? I know there's no requirement on their part to do so and any response you give will just be opinion. My other question is I have had little contact with Peninsula about this case. We've exchanged bundles and witness statements. They went through their usual request to strike out theatre, unsuccessfully. Are there any questions I should consider asking them? Thanks in advance Czinczar -
Hi, I have loads of questions about employment tribunals as I am representing myself in one for discrimination. Can anyone help with my first (and certainly not last) question? If I represent myself, am I obliged to be cross-examined by the respondent? If not, what are the pros and cons?
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Hi, A friend has just called for some advice which unfortunately is well above my head. He has just accepted a new position in a company after stepping down from a Senior managerial role (for stress related and alleged bullying purposes) which is a downgrade but is the job he wants to do at this present time as he's not then directly working for the alleged bullying manager. He's looking for another job and has made no secret of this fact... His new line manager in the last few weeks has given him a new contract that states he now has to give 6 months notice if he wants to leave and for 12 months after that he cannot work for a list of companies deemed as competitors. As he works in a specialised industry, the company have specifically named any company where he could work and are in my opinion, restricting his trade if he was to leave.... Can they do this? He hasn't signed the new contract as he disagrees with it's contents.... Any help would be appreciated for him. Kind regards -
Hello I am hoping someone can advice me on entitlement to carers allowance. I recently moved in with my mother to care for her. Previously I was full time self employed. I have been advised to apply for carers allowance as my mother will loose an aspect of her pension credit because I am living with her. I have asked social services if my mother can have a live in carer for one week in 6 so I can go back to Devon (my mother is in Dorset) and work one week in 6 to keep the business 'ticking over'. They have agreed to this in principle. I would not anticipate earning more than £3000 a year (at most) but am concerned that not caring for my mother EVERY week may mean i am not entitled to carers allowance. In all other aspects I should qualify. It seems one can 'take a break' from caring and still get carers allowance up to 4 weeks in 26. So that should be ok, but also one must be caring for the person for 22 of the past 26 weeks which would mean 4 weeks in one go is ok, but not one week every 6? I can find no information specifically addressing my issue. Any advice much appreciated.
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Did not pay NI conts in 14/15 and 15/16 as I was below lower earnings limit. I am now unable to work due to a health condition. If I opt to pay the contributions for both these tax years is it likely I will then satisfy both of the contribution conditions for an award (I know I am not entitled to income based as my partner works). The second condition is really confusing me!!! The guidance online says:- You qualify for contributory Employment and Support Allowance (ESA) if you have paid sufficient National Insurance contributions. There are two contribution conditions you must meet: First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least*26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit. Anybody?? Please
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Hi , I have got a tribunal claim going on and need some help with drafting my letters , i would be very grateful for any help offered . Thank you
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In 2008, I entered a DMP, never missed a payment, and still making monthly payments. Prior to entering a DMP, I received a CCJ and a charging order (for outstanding personal loans - consolidation loans issued by what was then Northern Rock. Forward to 2017, following interview, I've received an offer of promotion, this is based on successful Scottish disclosure & credit reference. Not concerned about Scottish disclosure, however, I am concerned about credit reference. I know nothing about credit reference or credit score, hence why I've never applied for my own. Given it was 9 years ago the CCJ & charging order was issued, and I'm still in a DMP, will this show on my credit report? Also, do I have to provide my credit reference to my new employer, or do they do a credit search, if so, is my credit history likely to affect my offer of employment?
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As the title says really, i've been asked if i'd provide a reference, which i'm willing to do as former employer really took advantage of this guy for several years and then sacked him the day after he finds out his wife was pregnant. He was a good guy, hard working, gave it 110%, but used to get a lot of hassle/blame he did not deserve, mostly because of his age and inexperience in dealing with work politics.. I'm wondering what sort of reference is this, obviously it can't be personal, but how much can I say about the way I feel he was treated? -
Hi there, I am being asked by the passport office to provide start and end dates of my first two jobs (I don't have the P45s or payslips from these years, I do have P60s). I contacted the HMRC (SARS team) and was sent a letter with all my jobs listed but no dates to them. After another conversation with them they sent me a second letter with only few leave dates. Now, I used facebook messenger to chat with one of the HMRC people today and asked about this. I was told that HMRC may not hold any records regarding the start and end date of employments if the employer didn't provide them with such. I am trying to figure out how can I get this information (may I add that both employers are not in business anymore) and if HMRC can provide anything else that could show the required dates. I paid NI and Tax from the start and the letter shows that but it doesn't show from when I started or when I finished paying them. Could anyone shed some advise? Thanks in advance, Mad.
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Hi All, This is an employment tribunal question, not sure if it belongs in this section. I am helping a friend with doing some research on how to draft and formulate grounds of appeal to EAT. The case relates to a claim for discrimination and victimisation against his ex employer which he lost some months ago. He was a litigant in person. One of the grounds of appeal he wants to submit is that the Tribunal was bias against him from the onset due to the fact that (we found this out after that the trial) the Respondents lawyer, a Barrister, is also a part time ET Judge. The ET judge who dismissed my friend's case is a consultant solicitor. We have not yet uncovered any evidence showing their firms are linked. In essence, my friend wants to argue that the Barrister for his ex employer and the ET Judge are colleagues and should have declared that conflict of interest before trial. The ET Judge we observed during trial was very friend with the other side's lawyer. I told my friend this could be a weak grounds of appeal and could irritate EAT. He claims not, and states this is a valid ground of appeal. He has other grounds to put forward. Do you guys think his assertion that the ET Judge was bias due to the mentioned reasons above is s strong ground?.. I honestly think he very well may get laughed out of court. thanks.. -
http://www.bbc.co.uk/news/uk-40727400 -
I was registered as self employed between 2011 and 2017. This was a small sideline along side my main PAYE income (so my NI contributions are already made up for the years in question), and me SE profit was generally about £1500 per year (highest was about £2500). Now I've just had a letter from HMRC demanding Class 2 NIC for 2011 to 2015. Don't know why they've only just written to me about it, first I've heard from them on this subject since 2011. I was always under the impression that as my income was below the small earnings exception, I was exempt from having to pay class 2 NIC? I seem to recall dealing with this matter back in 2011, and I'm pretty sure I sent them a CF10 form back then (although I didn't keep a copy of that myself). Should I just write to them stating that I believe I was exempt due to earnings below the threshold? Obviously this is reflected in my SA tax returns. Are they likely to just accept that? It seems odd that if they think I should have been paying class 2 NICS for all these years, why haven't they chased it before now?
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My partner had been on ESA and PIP for a little over a year now and has just been offered the opportunity to become self employed. This would allow him to return to work in a way that he would be able to manage with his illness and we are both very keen to try and get this off the ground. He would be forming his own company rather than being a self-employed contractor so money obviously wont start coming in right away. My understanding is that PIP is unaffected by either working or self-employment, is that correct? If so its only ESA to worry about, obviously his ESA stops because he is going to be able to work (I am assuming this all goes well of course) So what do we do? Do we talk to ESA and tell them the plan, and what we hope will happen with regards to the business taking off and becoming profitable? I assume at that point he would lose his benefit? But that's a lot of money to us and if we lose it before he starts bringing money in we might have a problem. He wont be doing many hours and obviously wont make a lot of money to start with but my earnings take us over the tax credits threshold so there wouldn't be anything else we could claim. I guess what I want to know is what the steps are to coming off ESA to become self-employed and when we take each step.
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Hi I work in retail with vending machines. These machines are new to company and manufacturer and many do not know how they truly work. The machines have a history of being temperamental. Now I am in the role and I have been reviewed as having lack of productivity as the machines don't work. I have been told by someone who said he was rusty on his knowledge of the machines, after he had been working since 4am in the morning. I was not given information of who to contact when the machine goes wrong or info. Luckily I found this out for myself. Whats my position as I do like the job, don't normally work in retail but I am enjoying it. -
I am embarrassed to say I got caught eating a product at tescos I did not pay for today, which I completely forgot about, long story short, the police didn't get involved they took the RLP route said a letter will come through soon. I know most members advise against paying these [problem]mers but I feel far too embarrassed and would rather just get it over with. My question is, how will the record they keep affect my future employment with Tesco themselves? Since I am a pharmacist and Tesco is a very big chain, would paying the RLP effectively prove that I'm guilty? Thanks in advance to anyone that can help -
Can anyone help, my daughter has been working for Costa since her 16th birthday September 2016 when she was issued her NI number with no issue, today she went into work as normal and was requested by the manager along with another staff member and handed a letter ( not on costa headed paper ) this is the letter. As discussed today, it has been brought to my attention that i have been acting against company policy by employing you before you have reached the legal compulsory school leaving age. As a result of this, i regret to inform you that i cannot continue to employ you at this time and am therefore issuing you notice to end your employment with immediate effect. I would like to stress that it is with regret that . I have to take this action and that this decision is no reflection of your performance. I would very much like you to re-apply to work with us once you have passed your official leaving age, IE you are old enough to legally leave full timr education ( even if you may or may not have chosen to stay on for further study ) As discussed, you will be paid 1 weeks full pay in lieu of notice and any accrued and outstanding holiday pay. Yours Sincerely Signed by the manager The actions of this manager was shocking, my daughter had no information and was handed the letter and told to leave the shop, no discussion she has asked for a copy of the company hand book and her request has been refused by the manager. My daughter is shell shocked the way this has been handled and not at any point was inform about this policy My questions are: 1, Can the company refuse to issue company hand book. 2, If they are terminating her employment have they followed the check process 3, By issuing the letter along with another person who was also told to leave, with no formal notice nor any discussion this must be breaking some tyoe of employment law. 4, Has anyone ever heard any such law relating to employing staff aged 16 Any advice would be very helpful as my daughter is upset the why this has been handled and is feeling :mad2:
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