Where do I go from here..

[cynic09]

keep the email, more unresonable conduct. re arrange the meeting on principle and take someone with you

[mz_pink]

keep the email, more unresonable conduct. re arrange the meeting on principle and take someone with you

 

Hi Cynic,

 

Thanks for your reply.

I have already agreed to the meet as long as its between those times.

I feel I am giving them as narrow a window as they have given me.

If they say this is not suitable then I can turn round and say, that them expecting me to meet with me at such short notice without having time to arrange someone to be with me is unreasonable and then rearrange the date/time.

[cynic09]

Fair comment, but take a friend. They can object to it but you can use thier objection later.

Recent cases have caused ACAS to change thier reccomendation to employers on this one as situations have arisen where people have been denied legal rep where potential criminal charges arise. Unlawful under human rights legislation

[teaboy2]

Hi Mz_pink

 

Yeah if i was you i would take a tape recorder with you, along with a friend for support. if they make you any offers (which at this time i doubt they will) then do not accept any, just say that you are going to have to think about it. Also are they asking you to meet in public again? because i can't understand why they prefer to meet in public place rather then hold meetings with you in the office.

 

Also, just who is this non excutive director and whats his/her role in the company and with regards to your situation?

[mz_pink]

Hi Mz_pink

 

Yeah if i was you i would take a tape recorder with you, along with a friend for support. if they make you any offers (which at this time i doubt they will) then do not accept any, just say that you are going to have to think about it. Also are they asking you to meet in public again? because i can't understand why they prefer to meet in public place rather then hold meetings with you in the office.

 

Also, just who is this non excutive director and whats his/her role in the company and with regards to your situation?

 

Hiya,

 

Yes I have a friend who is coming with me. We are meeting at the office this time thankfully. My suspicions tell me that I will be receiving a weeks notice since I am due back to work a week tomorrow.

 

My mum has given me the advice which is much the same as what you guys have given me here...

To go to the meet. Ask what the meeting is about and let them do the talking. If they do, which we doubt too, make me an offer, say nothing.

If they ask what it is I am looking for, say what I am due in regard to both the sum that they have wiithheld and my employment position within the company.

My feeling is that if they quite willingly offer the exact amount that I am due and offer me reinstatment, they are basically admitting they were in the wrong.

If they give me a weeks notice then we are in for a long drawn out fight of unfair dismissal.

I dont think I could go back to work for them now after all this, I would have loved to before this all happened but feel they have been cruel and really made my life difficult.

 

Anyhoo...lets see what tomorrow brings. I am quite looking forward to the fact that this may be going forward and at least I will have something further to take to the CAB appt which is directly after my appt at work.

 

Im not, however looking forward to the actual meeting with this non-executive that I haave never dealt with before or even met, in fact I did not know about him..so much for thee case being with a top QC eh!?

This guy is seemingly quite experienced in staffing issues and marketing.

I looked him up and I think and hope he knows whaat he is doing. This could also mean he knows the loopholes of employment law.

Meh...Will let you know how both appts go tomorrow.

 

I am just away for a wee look at the debt forums..thanks for the direction on that one as I have agreements with 4 DCC that will be in jeopardy soon at this rate.

Still waiting to hear about the income support.

[teaboy2]

will be interesting to see what they have to say at the meeting. Keep us upto date on what happens.

[cynic09]

If as you suspect they give you a weeks notice, I'm assuming they pay you for it. Then you are entitled to written reasons for dismissal. Potentially unfair or wrongful.

[teaboy2]

the question is, do they deem mz_pink as their employee? if at the meeting they give the decision she is/was not, then they will not give a weeks notice as in their veiw she was never employed by them. If they do give weeks notice, then thats an admission that they accept she was employed, so they would then also have to back date her for all unpaid monies. but i expect given whats been said and done so far, that they are just going to try and fob Mz_pink off, in an attempt bring closure.

[cynic09]

As I understand the thread mz_p has evidence of being paid SMP by them, It would be difficult to support the assertion you had paid SMP to a non employee.

Consquently they can be compelled to produce written reasons for termination.

Should they merely turn up at a remote location to claim she was never employed by them, the matter then becomes one for the ET. Hence the need to attend with a witness, and a tape recorder if you wish, however the witness is paramount.

[mz_pink]

Yes teaboy, the last communication I had with them was for them trying to determine my employment status with them as an employer. I have yet to be answered that.

Cynic I agree with you that I have a contract (questionable maybe) a payslip and (dodgy looking) P60 issued by them as well as payments to my account from theirs most months.

 

They have most likely seen all this and seen that they have been my employer from June 2008-Present. And found that there is too much evidence pointing that out.

 

My first question to them should be....Am or have I been an employee by The Company.

 

IF the say you were and are no longer I will then ask for written reasons for the dismissal and for confirmation of actual dates they feel I was employed between.

 

Then I suppose we take it from there.

 

Its really difficult trying to prepare for a meeting with someone you do not know and when you are not really sure what the meeting is about.

[cynic09]

I wouldn't ask them if you are/were an employee. All the evidence in your possession says you are. Your first question should be about your impending return to work, have any procedures changed, is any retraining required etc.

There is no doubt in your mind you are an employee.

Next on your agenda is your unpaid sick pay/SMP.

Thier confusion over your status is thier problem, not yours, if they need you off the wage bill they can do it legally by negotiation or through the ET .

As it sits it is reasonable for you to expect your employer to pay you outstanding monies and advise of the timing and requirement for your return to work.

I know that sounds like your playing dumb, but debating your status tomorrow could weaken a future tribunal case.

[teaboy2]

As I understand the thread mz_p has evidence of being paid SMP by them, It would be difficult to support the assertion you had paid SMP to a non employee.

Consquently they can be compelled to produce written reasons for termination.

Should they merely turn up at a remote location to claim she was never employed by them, the matter then becomes one for the ET. Hence the need to attend with a witness, and a tape recorder if you wish, however the witness is paramount.

 

Thats true, but they have already been leaning towards the assertion she is not an employee just by questioning her employment and not paying her monies when due, despite her having a contract and actually being on their books for a year.

 

Whatever the out come of the meeting, it will have no major impact on Mz_pinks claim against them, as they have already committed the acts against her, and if anything they'll just provide Mz_pink with more ammo.

[teaboy2]

Yes teaboy, the last communication I had with them was for them trying to determine my employment status with them as an employer. I have yet to be answered that.

Cynic I agree with you that I have a contract (questionable maybe) a payslip and (dodgy looking) P60 issued by them as well as payments to my account from theirs most months.

 

They have most likely seen all this and seen that they have been my employer from June 2008-Present. And found that there is too much evidence pointing that out.

 

My first question to them should be....Am or have I been an employee by The Company.

 

IF the say you were and are no longer I will then ask for written reasons for the dismissal and for confirmation of actual dates they feel I was employed between.

 

Then I suppose we take it from there.

 

Its really difficult trying to prepare for a meeting with someone you do not know and when you are not really sure what the meeting is about.

 

I dont think you should ask them if you were an employee or not as its already clear that you were, and that is what is important. So best thing to do will be to let them do the talking and let them make a bigger hole for themselves.

 

If they ask you to return to work simply say that you are unwilling to return to work for them as a result of how they have treated you and ask about being paid monies still owed and say no more (do not mention anything about new employment). then just let them do the talking.

[mz_pink]

I wouldn't ask them if you are/were an employee. All the evidence in your possession says you are. Your first question should be about your impending return to work, have any procedures changed, is any retraining required etc.

There is no doubt in your mind you are an employee.

Next on your agenda is your unpaid sick pay/SMP.

Thier confusion over your status is thier problem, not yours, if they need you off the wage bill they can do it legally by negotiation or through the ET .

As it sits it is reasonable for you to expect your employer to pay you outstanding monies and advise of the timing and requirement for your return to work.

I know that sounds like your playing dumb, but debating your status tomorrow could weaken a future tribunal case.

 

 

Points taken on. My mum said exact same words, play dumb and see what they offer.

[cynic09]

Wise woman your mum.

Good luck with it.

Looking forward to starting on your ET app tomorrow;)

[mz_pink]

Wise woman your mum.

Good luck with it.

Looking forward to starting on your ET app tomorrow;)

 

Thank you, Im sure this is going to be interesting!

[teaboy2]

it sure will be interesting to see what they have to say for themselves if anything. But next stop, tribunal.

[mz_pink]

it sure will be interesting to see what they have to say for themselves if anything. But next stop, tribunal.

 

I am a believer in fate, my CAB appt follows my work meeting, so will hopefully get some sound advice from them.

I also have my new job to start on Tues if things go*its up!

 

I think there must be someone out there trying to give me light at the end of the tunnel!

 

I dont even know if this will be a meeting for them to act upon my previous greivance claim or what. I jsut find the timing of it all in regard to a week before I am due to return a little suspicious.

 

Anyway...bring it on

[cynic09]

Most professional organisations hold grievance hearings within thier premises, in line with ACAS guidelines. This lot behave like Arthur Daly is the MD and del boy trotter the Comp Sec

[mz_pink]

Most professional organisations hold grievance hearings within thier premises, in line with ACAS guidelines. This lot behave like Arthur Daly is the MD and del boy trotter the Comp Sec

 

 

lol priceless! lol I wont be able to keep a straight face tomorrow now I hope you realise!

[teaboy2]

lol yeah and rodneys the non executive director.

[mz_pink]

lol yeah and rodneys the non executive director.

 

Even better,,,,his actual name is rod lol

[cynic09]

short for inannimate carbon rod?

[deathbycrayons]

Thinking of you this morning as you have your meeting

[mz_pink]

Thanks everyone, Im just leaving now...updates soon soon soon.

Big gulp..