Comments on: Contact Details/Services offered/Twitterview

By: Read my Twitterview | Miscellaneous Stuff | Jobsworth by Michael Scutt

Read my Twitterview | Miscellaneous Stuff | Jobsworth by Michael Scutt — Fri, 27 Nov 2009 14:37:12 +0000

[...] Contact Details/Services offered [...]

By: michaelscutt

michaelscutt — Tue, 08 Sep 2009 09:14:15 +0000

What consultation process did they follow? When you say employees were finished do you mean made redundant?

Please call me on 0207 464 8433 at my firm Dale Langley & Co and I will be happy to advise you on this.

By: Jane

Jane — Mon, 07 Sep 2009 21:08:47 +0000

Hi,
in May this year our employer asked all staff to take a 10% paycut and increase our work load. Some members of staff were also finished. We were told these measures had to be taken to ’save’ the company due to the ecomomic crisis. Everyone had to agree which they did. Incidentally we have not been asked to sign any new contract.
We have just found out they are now re-employing a member of staff they finished. Is this legal or should they be returning our working conditions and pay back to what they were before re-employing someone? Please could you advise
Thanks

By: michaelscutt

michaelscutt — Tue, 28 Jul 2009 12:16:36 +0000

Thanks for the enquiry. There are lots of issues here. Strictly speaking an employer deosn’t have to pay when there has been an unauthorised absence but that would seem harsh in the circumstances you describe. I think your friend needs to seek legal advice and I’d be happy to assist further if he wants to contact me at michaelscutt@dalelangley.co.uk or on 0207 464 8433

Regards

By: Gideon Smythe

Gideon Smythe — Fri, 24 Jul 2009 10:46:55 +0000

Sir,

I am emailing on behalf of a friend who lives in a rural area of North Essex and the only way he can commute to London is by rail. There’s is a threat of industrial action over 8 days in the coming month and, if it goes ahead, the nearest rail station with a service will be 40 miles away. Not having a car, making the journey will not be possible.

His employer has said that it is his responsibility to get to work and that if he does not make it into the office pay deducted and he’ll face possible disciplinary action. Even though he has offered to work from home.

Can a company deduct pay if an employee has made all reasonable attempts to get to work?
Can an employee claim reasonable expenses (i.e. hire car costs/taxi fares)?
Finally, it is suspected that certain high-level managers will be allowed to work from home unlike the rest of the staff. Could this be deemed as unreasonable behaviour by the employer?

By: michaelscutt

michaelscutt — Wed, 15 Jul 2009 22:07:18 +0000

Thanks for the reply. I can’t advise you properly on what you’ve written and I’d need to know more about both situations but it looks like you MAY have claims for breach of contract in both cases.

In respect of your dismissal, how long had you worked there? If more than 12 months continuously then you might be able to claim unfair dismissal if you don’t accept the action takien as fair. You should be paid for salary and holiday pay up to the termination date.

With the pub job, you need to consider whether you still want to carry on working if you’re not being paid. That is a breach of contract and you could consider claiming constructive dismissal and leaving. You could then issue proceedings for breach of contract at an Employment Tribunal.

I’d be happy to advise you in more detail or you could get advice from a CAB or local solicitor; many will do free initial interviews. Get some advice before taking action.

Good luck

By: Jade

Jade — Tue, 14 Jul 2009 19:25:07 +0000

hi, i was recentley fired from my company for gross misconduct (selling an employee meal to a non employee) i was told i would recieve my holiday pay and it has been six weeks and still haven’t recieved it, I had accrued £382 holiday and I believe i should be entitled to it as I worked for it.

Also I would like to ask about my other problem, i started working in a pub 5 weeks ago and have not yet been paid, they owe me about £600 now and they keep staying you’ll get paid this friday and it not going in and then saying oh well it will go in next week then. Is there any thing I can do to make sure i get my money?
x

By: michaelscutt

michaelscutt — Fri, 10 Jul 2009 11:15:49 +0000

Thanks for the comment. I’d need to know more about the situation but you may well be entitled to your holiday pay accrued up to the date of dismissal (but not afterwards) and the employer may be in breach of contract if they don’t pay that.

By: Alon

Alon — Wed, 08 Jul 2009 14:05:49 +0000

Dear sir,
I recently handed in my notice to my employer with a request to be paid the holiday pay which I had acrued (I had been working for just over 5 months part time). Due to a misunderstanding over my working hours I failed to turn up to a subsequent shift that I was expected for (but believed i had been given off), and I believe that I have been fired because of it even though it is the first time it has happened since i started working there (my employer will not answer my calls or messages asking for clarification on this but has told me that she has taken me off of the work rota). Am i still entitled to the holiday pay which I have accrued if it turns out that I have been fired?

I would be very greatful for any advice you could give me on this matter,
Many thanks,
Alon

By: michaelscutt

michaelscutt — Wed, 15 Apr 2009 09:06:26 +0000

Hi, sorry for the delay in replying. I think you should make a “subject access request” under the Data Protection Act 1998 to both your ex-employer and to the NSDR – their address will be on the web. Each request will cost you £10. There’s more information on the Information Commissioner’s website.

I’d be interested to know how you get on.