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Employment law/ Legal help.

Posted: Fri Mar 23, 2007 2:59 am
by fudgeflaps
There is a lot i can say here, but before I see my lawyer, I thought I would put this out, see what the intelligence out there brings.

Right.

I was working for a company, who are apparently getting bigger and better. Trouble is, they are corrupt.

They cannot attract a decent calibre of staff, and their staff has turned over 70% in the last year. In their field, they are attracting a bad reputation from an employment perspective.

In terms of Health and Safety, proffessional standards and good practice, what I have witnessed is shocking.

They attract clients without communcating to them their staff turnover, and when key members of staff leave, this does not get communicated to the client. The appropriate skills to certain methods are not passed on, and people go ahead with what is required anyway- and certificates get signed.

Now- I decided to leave, having had enough. They are duping clients.

I became very depressed and mentally ill through my experience- it was an insult. I'm fine now, though. !wink!

Anyway- their sick pay policy is in-house; the worker has no rights. The only right you have is that if you don't like your job, you can f**k off out the door.

So, if you are off sick in yor first year, you only get SSP- buttons. If you have served one full year, you are entitled to FULL sick pay.

I served my calender year in mid-January. I was off work with a viral infection over christmas, I was suffering depression too.

So. Mangement knew what I was going through, but did not communicate this to HR. As such, I was called up to a disciplinary hearing (over attendance) that I should not have had to attend.

I was off ill at the end of the week- and was off until I got my new job. I was medically certified. I was scheduled to return on mid-Feb, where the HR manager (who has since been sacked), having in her possession documents that told her I was medically and legally fit to return to work, thought she was above a doctor, told me 'to see the doctor again, take another week off'. I was angry, but complied.

I have not been paid 6 weeks' wages yet.

Since I handed in my notice, I was sent a letter saying I owe ?X. However, this did NOT factor in FULL sick pay since mid-Jan. Now, when I calculated this out........ they owe ME a lot. In factoring in this, and the money i "owed", the company has tried to save and extort a fair whack.

WORSE, I have requested my P45- which they are withholding. I have not had the courtesy of a simple reply of acknowlegement.

I am not convinced that this situation is known to senior management, and that middle management are playing God.

This is very unfair, and I want to get my money back and get on with my life.

The company know I have a breadth of exprerienc, and know how things should be done- attemptsd have been made to bull and intimidate; i have witnessed this happen to others.

You would not beleive the scandal either. Un-FUCKING-believable.

What should I do?


Ta in advance.
ff.


Re: the typos

Posted: Fri Mar 23, 2007 3:01 am
by fudgeflaps
We so need an edit function.

!laugh!


Re: Employment law/ Legal help.

Posted: Fri Mar 23, 2007 5:43 am
by Lizard
Why dont you just go to an employment tribunal, and claime unfair dismissal, and cut out the middle man.. ie (solicitor), as I understand it a lot of these cases never see court, they get settled before..
Good Luck anyway, they sound like a bunch of cunts, it wouldn,t be a certain mobile phone company would it???


Re: Employment law/ Legal help.

Posted: Fri Mar 23, 2007 6:36 am
by Cenobitez
Contructive Dismissal be my best choice here :)

The way to deal with people like that in the work place is with a mouthful of hand grenades :)


Re: Employment law/ Legal help.

Posted: Fri Mar 23, 2007 6:43 am
by diplodocus
a number of things you can do

firstly write to the CEO or equivalent, explain your reasons for leaving and detail your H&S concerns, making sure you have evidence you can back up. This should make him sit up as he can be held personally liable for deaths or injuries. Copy in HR and your boss so you can't be accused of insubordination.

If the H&S issues are serious - contact the HSE

If you have a copy of your contract, detail the relavant parts and send it to HR, stating how much you are owed and put a reasonable timescale on for payment. If you get no joy go to a tribunal

make sure you have copies of all correspondance and don't contact any clients about this issue - you could be sued

good luck


Re: Employment law/ Legal help.

Posted: Fri Mar 23, 2007 6:53 am
by mrmcfister
Hi
Go to a library and get some books out on employment law.Identify what it is you want exactly.

Never be afraid to embarrass them.Phone a local paper ..do a little protest out the front with a banner.Bad publicity for them if it really is war!

An employment tribuanal is not as daunting as many think and solicitors (who always win) would have people believe.

Be patient.

Good luck!

Re: Employment law/ Legal help.

Posted: Fri Mar 23, 2007 9:43 am
by Sam Slater
Lizard and Diplodocus give good advice.

A small thing I'd like to add: Your doctor has medical records. Anytime you've been off sick then he should have a record of it. Go tell him/her what the company is doing and ask him for a note with the dates you've 'officially' been off work sick. (he/her will probably charge, but paperwork from a doc will help in a tribunal if they're withholding pay)

Don't get too fucked up over a bunch of cunts.

Oh.......and though I don't condemn snitching. Sneak a few pics -with a mobile or small digicam- and take pics of all the stuff that might breech health&safety. Keep them to yourself and tell no one. After you get your pay then contact health & safety with your concerns by letter with the pics.

Screw em.


Re: Employment law/ Legal help.

Posted: Fri Mar 23, 2007 12:51 pm
by fudgeflaps
Thanks guys.

It's been sorted and they conceded defeat.

I have contacted a client, but it is anonymous. They are concerened- they asked me to keep it anonymous.

I'm fine now.

All is well.

ta.

!happy!


Re: Employment law/ Legal help.

Posted: Fri Mar 23, 2007 12:56 pm
by crofter
Citizens Advice maybe Fudgeflaps, they MIGHT put you right on the other hand they might feed you a lot of amateur bullshit, but at least they will put you in touch with the right channels to maybe get this sorted.
Chin Up Champ don't worry about Work ... it's overrated anyway in my personal experience.

Re: Employment law/ Legal help.

Posted: Fri Mar 23, 2007 2:40 pm
by Jacques
Nice one Fudgie.

I'd still grass them up to the HSE though (which you can do anonymously).