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  • numberpuppy
    • #2
    • 17th Jun 12, 10:27 AM
    expenses and place of work
    • #2
    • 17th Jun 12, 10:27 AM
    Hello,
    I have just been informed at work i will no longer be able to claim expenses to and from work, i do a 90 mile round trip, My contract says My base is the local office which has been closed for several years now. i am now expected to travel to head office and pay for this myself which will mean my income will decrease by about £200 a month, I work 3 days a week so this would be a quarter of my total income, which i can not afford.

    They have asked me to sign a contrct that states i am head office based.

    I need to know if i should sign this new contract and where i stand with not getting the expenses anymore, i had nothing in writing but have 8 years of expense payments in writing to confirm I have been getting this.
    What is the best course of action for me please?
  • CAB Malvern Hills representative
    • #3
    • 19th Jun 12, 12:43 PM
    • #3
    • 19th Jun 12, 12:43 PM
    Hello,
    I have just been informed at work i will no longer be able to claim expenses to and from work, i do a 90 mile round trip, My contract says My base is the local office which has been closed for several years now. i am now expected to travel to head office and pay for this myself which will mean my income will decrease by about £200 a month, I work 3 days a week so this would be a quarter of my total income, which i can not afford.

    They have asked me to sign a contrct that states i am head office based.

    I need to know if i should sign this new contract and where i stand with not getting the expenses anymore, i had nothing in writing but have 8 years of expense payments in writing to confirm I have been getting this.
    What is the best course of action for me please?
    Originally posted by numberpuppy

    HI NumberPuppy

    This a common employment issue and is about changes to your Employment contract. There is a very good factsheet on the CAB Adviceguide website that covers this situation and what action you can take to resolve it. Follow the link below to get at it. Please read it carefully. If you need help from your local CAB to compose a grievence then the site also has a search facility so you can locate your nearest CAB

    http://www.adviceguide.org.uk/england/work_e/work_factsheets.htm
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • mrsjanebanbury2009
    • By mrsjanebanbury2009 19th Jun 12, 1:15 PM
    • 74 Posts
    • 70 Thanks
    mrsjanebanbury2009
    • #4
    • 19th Jun 12, 1:15 PM
    • #4
    • 19th Jun 12, 1:15 PM
    Hi
    I work for a (very) small company which I think is quite possible may cease trading in the the next few months due to lack of funds. I have worked there for more than 18 years the last 13 of which I have worked 30 hours a week (before that I was full time). If the company ceases trading there will not be enough money to pay me redundancy. My husband is (just) a higher rate taxpayer. What are my rights if any with regards to redundancy payments, and what would I need to do to claim these? Also, would I be entitled to any benefits if I was not immediately able to get another job?
    Many thanks for any advice you can give me.
  • spicetee
    • #5
    • 19th Jun 12, 7:04 PM
    Equal pay question
    • #5
    • 19th Jun 12, 7:04 PM
    I have been working in Customer Services for the past 8 months; recently new staff were brought in and through chatting with them it has come to light that they are being paid more than I am for doing exactly the same job - even during their training & probation periods. I spoke to my Team Leader and he has said that we will all be on equal pay when I receive a pay rise in July. I dont think this is fair as they will still have worked for 3 or more months earning may than me. Is this legal? What if anything can I do about this?
  • CAB Malvern Hills representative
    • #6
    • 20th Jun 12, 1:22 PM
    • #6
    • 20th Jun 12, 1:22 PM
    Hi
    I work for a (very) small company which I think is quite possible may cease trading in the the next few months due to lack of funds. I have worked there for more than 18 years the last 13 of which I have worked 30 hours a week (before that I was full time). If the company ceases trading there will not be enough money to pay me redundancy. My husband is (just) a higher rate taxpayer. What are my rights if any with regards to redundancy payments, and what would I need to do to claim these? Also, would I be entitled to any benefits if I was not immediately able to get another job?
    Many thanks for any advice you can give me.
    Originally posted by mrsjanebanbury2009

    HI

    If your employer does cease to trade as you predict then this would effectively be a redundancy situation if the firm closes down and there is no work for you to do. Statutory redundancy pay is paid up to a maximum of 20 years service ( but your contract might give you additional entitlements) You would also be entitled to notice.

    If the firm cannot afford to pay you redundancy pay it is possible to claim it from the National Insurance Fund depending on whether the firm has simply ceased trading or whether your employer has gone out of business (is insolvent).

    This is explained on the CAB website adviceguide www.adviceguide.org.uk Go to Work - Work comes to an end - redundancy pay - claiming redundancy pay if your employer has stopped trading.

    The item will also give you an indication of what possible benefits you could claim if you are subsequently out of work. It may be possible to claim contribution based Job Seekers Allowance. Other means tested benefits depend upon you and your partners savings and income.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Malvern Hills representative
    • #7
    • 20th Jun 12, 1:54 PM
    • #7
    • 20th Jun 12, 1:54 PM
    I have been working in Customer Services for the past 8 months; recently new staff were brought in and through chatting with them it has come to light that they are being paid more than I am for doing exactly the same job - even during their training & probation periods. I spoke to my Team Leader and he has said that we will all be on equal pay when I receive a pay rise in July. I dont think this is fair as they will still have worked for 3 or more months earning may than me. Is this legal? What if anything can I do about this?
    Originally posted by spicetee
    HI

    In general the rules about equal pay under the Equality Act 2010 mean that men and women doing equal work or work rated as of equal value are entitled to equal pay.

    See the ACAs website www.acas.org.uk advice and guidance-equality for more information. If you have different genders doing the same work or work of equal value then they must be paid the same but these issues are complex and if you think this is a problem you need to get advice in person from your local CAB or other independent advice agency.

    The Cab website adviceguide www.adviceguide.org.uk has a search facility so you can find your local CAB. You could raise a grievance with your employer in order to resolve this issue ( whether or not there is an equal pay issue that could be resolved under the legislation )
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • mrsjanebanbury2009
    • By mrsjanebanbury2009 21st Jun 12, 12:49 PM
    • 74 Posts
    • 70 Thanks
    mrsjanebanbury2009
    • #8
    • 21st Jun 12, 12:49 PM
    • #8
    • 21st Jun 12, 12:49 PM
    HI

    If your employer does cease to trade as you predict then this would effectively be a redundancy situation if the firm closes down and there is no work for you to do. Statutory redundancy pay is paid up to a maximum of 20 years service ( but your contract might give you additional entitlements) You would also be entitled to notice.

    If the firm cannot afford to pay you redundancy pay it is possible to claim it from the National Insurance Fund depending on whether the firm has simply ceased trading or whether your employer has gone out of business (is insolvent).


    The item will also give you an indication of what possible benefits you could claim if you are subsequently out of work. It may be possible to claim contribution based Job Seekers Allowance. Other means tested benefits depend upon you and your partners savings and income.
    Originally posted by CAB Malvern Hills representative

    Thanks for that, very useful, I'll check that out.
  • Leah-WW
    • #9
    • 22nd Jun 12, 8:25 PM
    • #9
    • 22nd Jun 12, 8:25 PM
    Hello.

    I have worked for a small company, in an accounts role since January 2010. I have recently been signed off work by my Dr with work-related stress and have since resigned from my post (my last day of employment will be in mid-July). Today was the first payday since the start of my sickness, and I believe that I haven't been paid what I am entitled to.

    My sickness days unfortunately coincided with pre-booked holiday and the Jubilee Bank Holiday. The timeline is as follows:
    28May12 - at work
    29May12 - self-certified sick day; cold virus
    30May12 to 05Jun12 - holiday (3 days) + Bank Holiday weekend (4 days).
    NB. I notified the office that if I had not had pre-booked holiday I would have been well enough to return to work on 31May12, hence the period of sickness below is a separate case.
    06Jun12 to 10Jun12 - self-certified sickness; stress
    11Jun12 to present - certified sickness via GP note; stress.

    My contract states that I am entitled to:
    1) statutory sick pay
    2) company sick pay, which is (in the first 12 weeks of sickness) my normal salary less any SSP & benefits entitlement (I am not entitled to any benefits).

    I believe that I have only been paid the SSP element since the first day of my certified sickness, and not my normal salary entitlement on top as stated in my contract.

    My contract also states in relation to company sick pay that it is payable "at the company's absolute discretion", and I believe at this stage that it may have been witheld in this case on a technicality, since I received a letter during my sickness stating that I had not abided by the contract clause to telephone in to report my sickness each day - I had texted instead as my sickness is due to a grievance I have against my managers, with whom I would have had to speak if telephoning to report sickness (I have not made the grievance official as I felt it would only add to my stress). The letter did not state that any action would be taken in relation to this (i.e. witholding company sick pay or otherwise). I have texted the office to report sickness in the past (a day here or there for the usual colds etc.) and I have always received company sick pay with no complaint having ever been raised with me, even informally. Also I texted to report my sickness with a cold on 29May and appear to have been paid company sick pay for those days (full salary, no SSP payable as it was just 2 days). I am unsure if they can take this action (witholding company sick pay since 11Jun) now when they have made a precedent of inaction in the past?
    Last edited by Leah-WW; 22-06-2012 at 8:36 PM.
  • CAB Malvern Hills representative
    Hello.

    I have worked for a small company, in an accounts role since January 2010. I have recently been signed off work by my Dr with work-related stress and have since resigned from my post (my last day of employment will be in mid-July). Today was the first payday since the start of my sickness, and I believe that I haven't been paid what I am entitled to.

    My sickness days unfortunately coincided with pre-booked holiday and the Jubilee Bank Holiday. The timeline is as follows:
    28May12 - at work
    29May12 - self-certified sick day; cold virus
    30May12 to 05Jun12 - holiday (3 days) + Bank Holiday weekend (4 days).
    NB. I notified the office that if I had not had pre-booked holiday I would have been well enough to return to work on 31May12, hence the period of sickness below is a separate case.
    06Jun12 to 10Jun12 - self-certified sickness; stress
    11Jun12 to present - certified sickness via GP note; stress.

    My contract states that I am entitled to:
    1) statutory sick pay
    2) company sick pay, which is (in the first 12 weeks of sickness) my normal salary less any SSP & benefits entitlement (I am not entitled to any benefits).

    I believe that I have only been paid the SSP element since the first day of my certified sickness, and not my normal salary entitlement on top as stated in my contract.

    My contract also states in relation to company sick pay that it is payable "at the company's absolute discretion", and I believe at this stage that it may have been witheld in this case on a technicality, since I received a letter during my sickness stating that I had not abided by the contract clause to telephone in to report my sickness each day - I had texted instead as my sickness is due to a grievance I have against my managers, with whom I would have had to speak if telephoning to report sickness (I have not made the grievance official as I felt it would only add to my stress). The letter did not state that any action would be taken in relation to this (i.e. witholding company sick pay or otherwise). I have texted the office to report sickness in the past (a day here or there for the usual colds etc.) and I have always received company sick pay with no complaint having ever been raised with me, even informally. Also I texted to report my sickness with a cold on 29May and appear to have been paid company sick pay for those days (full salary, no SSP payable as it was just 2 days). I am unsure if they can take this action (witholding company sick pay since 11Jun) now when they have made a precedent of inaction in the past?
    Originally posted by Leah-WW
    HI

    It could be you emplyer is acting in this way becuase you have now effectively resigned. In any event the way forward to resolve this is to take your written contract of employment into your nearest CAB and let them have a look at it in detail to examine what you rights are in this situation and the best way to resolve the matter.

    The fact that you have now handed in your notice may well affect the situation because there is an issue of what they should be paying you in respect of your notice period. This will partly depend on how much notice you are required to give your employer when you as an employee wish to leave. Additionally your local CAB should also be is position to discuss the issues around your grievance with your employer and check whether you have actually been constructively dismissed, if for example the pressure you have been under has forced you to resign.

    They may also be able to help negotiate with your employer in order to resolve the situation for you. You can find your local CAB via the search facility on the CAb website www.adviceguide.org.uk
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • kendra olopo
    Workplace dilema

    My husband has a boss that hates him. eversince he was in a car crash on unpaid leave his boss phoned him up and said hewanted something doing in half an hour. At the time my husband was having a ctscan and whole body xray his boss phoned him up demanding work be done, he saidhe would do it when he got back but couldnt do it now as he was at hospital inpain and being treated , he was on unpaid sick leave at the time. From that dayon his new boss has taken a serious dislike to him. He has effectivly demotedhim but not reduced his money. Hubby says he was recruiting for the job he isdoing or supposed to be doing at the moment. He was informed of his newposition whilst on sick , by email to the whole company, no personal email. Heaslo has no job description , hes worrying he will get the boot in the next 72hours.... What a night anyone offer any advise .
  • Skintslimmer
    Hello,

    My employer has left me in a bit of a mess. The business I was working for closed down, giving me less than a week's notice and I was effectively made redundant. I have a mobile number only and have so far been unable to get written confirmation of my redundancy and I haven't received payslips, tax rebates or a P45 since I think they stopped using accountants several months ago.

    Am I able to get a P45 issued directly from HMRC, and will I be able to claim JSA and housing benefit without any written proof of redundancy? It was a part time job (less than 16 hours per week) and I was a full time student.
    Nothing tastes as good as riding a horse feels
  • CAB Malvern Hills representative
    My husband has a boss that hates him. eversince he was in a car crash on unpaid leave his boss phoned him up and said hewanted something doing in half an hour. At the time my husband was having a ctscan and whole body xray his boss phoned him up demanding work be done, he saidhe would do it when he got back but couldnt do it now as he was at hospital inpain and being treated , he was on unpaid sick leave at the time. From that dayon his new boss has taken a serious dislike to him. He has effectivly demotedhim but not reduced his money. Hubby says he was recruiting for the job he isdoing or supposed to be doing at the moment. He was informed of his newposition whilst on sick , by email to the whole company, no personal email. Heaslo has no job description , hes worrying he will get the boot in the next 72hours.... What a night anyone offer any advise .
    Originally posted by kendra olopo
    HI

    Your husband does indeed seem to have a serious problem with his employer. It may be that his actions amount to bullying and certainly appear to breach a term implied into all employment contracts namely that employers must treat all employees with appropriate care and respect . see CAB adviceguide website www.adviceguide.org.uk section under work and contracts of employment for more info on implied terms.

    The ACAS website has informtion on how issues in respect of bullying can be dealt with. www.acas.org.uk.

    Assuming he wishes to stay in the job ( or isn't dismissed shortly ) then the section under resolving problems at Work on the adviceguide website should be helpful to him. If he gets dismissed then you need to visit your local CAB for further help on your rights.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Malvern Hills representative
    Hello,

    My employer has left me in a bit of a mess. The business I was working for closed down, giving me less than a week's notice and I was effectively made redundant. I have a mobile number only and have so far been unable to get written confirmation of my redundancy and I haven't received payslips, tax rebates or a P45 since I think they stopped using accountants several months ago.

    Am I able to get a P45 issued directly from HMRC, and will I be able to claim JSA and housing benefit without any written proof of redundancy? It was a part time job (less than 16 hours per week) and I was a full time student.
    Originally posted by Skintslimmer

    Hi

    HMRC can issue a P46 if you haven't got your P45 see : www.adviceguide.org.uk section under tax -problems with tax -paye - common problems for more info.

    If you are able to claim JSA they will need evidence of your circumstances but you can still make a claim if the situation means that you have no documentary evidence of the redundancy - they will tell you what is required as an alternative so you should not delay making a claim becuase of your situation.

    Housing benefit would not normally look at why you lost your job but they will need evidence of your income and savings together proof of identity to process your claim, if and when you make it. There are also special rules regarding students and HB see : adviceguide section on benefits/help with your rent/housing benefit
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • Riversong
    • By Riversong 2nd Jul 12, 9:20 PM
    • 327 Posts
    • 653 Thanks
    Riversong
    Hi, I hope it's ok me asking questions here... So where to begin.

    I took a new job a month ago, at interview i was told after training i could work monday to friday 9-5. They said that althouvh the contract states 8-8 I won't have to work outside of 9-5.

    Now my emoyer is saying everyone must work between 8-8 mon to sun. My problem is i dont have childcare outside of9-5 which i made the interviewer and my line manager aware of. We dont have family/friends who can help either. My children are 2 and 1.

    I submitted a flexi working request to do 9-5 mon to friday but it was declined. I am going to appeal on the 17th but I dont know if it will help.

    What are my rights here? I gave up a 9-5 part time job on the understanding i would be ok hours wise. If they dont accept the request theyre making me jobless. I would never have left my other employer if i knew this would happen.

    Would we have a leg to stand on at a tribunal if it went that far?

    Thank you x
    • lemontart
    • By lemontart 6th Jul 12, 9:29 PM
    • 5,824 Posts
    • 7,408 Thanks
    lemontart
    what actions can I take if my employer consistently gets the wages wrong, from missing o/t to whole weeks missing to missing expenses and incorrect holiday pay and a whole lot more, they have a history of getting it wrong but in past 6 months it has got worse and I have had enough of having to explain to them what they have gotten wrong and request what they call a TT payment for the sortfall and another month they paid a week to much then took the full amount all at once out the next paypacket

    There have also been mistakes made in the paye tax

    These errors are happening to a lot of the staff there.

    I work for a agency and since Oct am directly employed by the agency with the Swedish Derigative wossit being used.
    Last edited by lemontart; 06-07-2012 at 9:31 PM.
    I am responsible me, myself and I alone I am not the keeper others thoughts and words.
  • CAB Malvern Hills representative
    what actions can I take if my employer consistently gets the wages wrong, from missing o/t to whole weeks missing to missing expenses and incorrect holiday pay and a whole lot more, they have a history of getting it wrong but in past 6 months it has got worse and I have had enough of having to explain to them what they have gotten wrong and request what they call a TT payment for the sortfall and another month they paid a week to much then took the full amount all at once out the next paypacket

    There have also been mistakes made in the paye tax

    These errors are happening to a lot of the staff there.

    I work for a agency and since Oct am directly employed by the agency with the Swedish Derigative wossit being used.
    Originally posted by lemontart

    HI

    Please follow the link below to the section on the CAB website adviceguide www.adviceguide.org.uk which explains the rights that all agency workers have including the right not to have unauthorised deductions made from their wages.

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/work_agency_workers_e/agency_workers___what_you_need_to_know.htm

    In general you should seek to try and resolve the matter by negotiation with the agency and could raise a grievence in order to do this. The section on dealing with problems at work gives useful guidance on how to do this. However you should tread carefully -see section on what rights agency workers do and do not have.

    Perhaps you could all get together and see if a group complaint would help.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Malvern Hills representative
    Hi, I hope it's ok me asking questions here... So where to begin.

    I took a new job a month ago, at interview i was told after training i could work monday to friday 9-5. They said that althouvh the contract states 8-8 I won't have to work outside of 9-5.

    Now my emoyer is saying everyone must work between 8-8 mon to sun. My problem is i dont have childcare outside of9-5 which i made the interviewer and my line manager aware of. We dont have family/friends who can help either. My children are 2 and 1.

    I submitted a flexi working request to do 9-5 mon to friday but it was declined. I am going to appeal on the 17th but I dont know if it will help.

    What are my rights here? I gave up a 9-5 part time job on the understanding i would be ok hours wise. If they dont accept the request theyre making me jobless. I would never have left my other employer if i knew this would happen.

    Would we have a leg to stand on at a tribunal if it went that far?

    Thank you x
    Originally posted by Riversong
    Hi

    If they are saying employees have to work 12 hours a day monday to sunday inclusive then this works out to 60 hours a week.

    Nearly all workers have the right not to have to work for more than 48 hours on average, a week. see www.adviceguide.org.uk section under Work -basic rights at work - health and safety and then info in respect of maximum working week.

    The information about rights to flexible working working can be found under the same section. In some situations an employers refusal to allow flexible working may amount to indirect sex discrimination but this is a complex area of law and you may need to visit your local CAB for further guidance on this. We would suggest that you proceed with your appeal in the meantime and visit the links to the sites referenced on adviceguide that will help you to put together a reasoned argument for what you are trying to achieve.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Malvern Hills representative
    Hi

    If they are saying employees have to work 12 hours a day monday to sunday inclusive then this works out to 60 hours a week.

    Nearly all workers have the right not to have to work for more than 48 hours on average, a week. see www.adviceguide.org.uk section under Work -basic rights at work - health and safety and then info in respect of maximum working week.

    The information about rights to flexible working working can be found under the same section. In some situations an employers refusal to allow flexible working may amount to indirect sex discrimination but this is a complex area of law and you may need to visit your local CAB for further guidance on this. We would suggest that you proceed with your appeal in the meantime and visit the links to the sites referenced on adviceguide that will help you to put together a reasoned argument for what you are trying to achieve.
    Originally posted by CAB Malvern Hills representative
    Apologies - seems we cannot add up - if you are working 8-8 monday to sunday inclusive then this is obviously 84 hours per week !!
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • scared-sick
    • By scared-sick 9th Jul 12, 7:46 PM
    • 193 Posts
    • 153 Thanks
    scared-sick
    Really hope you can help
    Not sure if you can answer this but here goes....

    A colleague of mine is currently suspended pending an investigation from work due to an error he made. He has admitted the error. Another colleague was equally responsible for the incident, however, has not been suspended and is being allowed to carry on as normal.....is this right?

    The reason management are citing for the suspension is to unhinder the investigation, but my colleague has admitted his part. They are both in the same postion responsibility wise so how can management deem one person can hinder the investigation but the other one cannot?

    I also believe the investigating manager may be biased in the process as less than 2 weeks before the incident, she promoted the unsuspended colleague.

    Can I do anything about this?
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