Employment Tribunal - employer advice please

blessings3

TrickyWicky - more than likely he's a small post office holding on by the skin of his teeth.

Do you know how many PO's have closed in the past few years?

Mudd14

SarEl wrote: »

She has a "clever" lawyer. Not clever enough though. By far. A resignation in response to a repudiatory breach must be immediate - not six months later. This is what is called intimidation by law. It only works if you are intimidated. Based on what you say there is no case here at all. You should have atx and salary records for the relevant periods to prove that the change was made in April.

They are betting you will offer her something rather than pay legal bills.

I couldnt agree more.

There was no objection to the chnage in hours 6 months ago and there has never been. The individuals continued work under no obligation has accepted the change. They are chnacing something on the chnace you will take the easy option to settle then to fight it. Fight it, read up on ET's prepare your case and defend it if you feel up to it. Or employee someone to take on the case.

Fill_7

it certainly appears like she is 'chancing' it, and hoping i am intimidated by the whole affair and hastily offering her a settlement figure.

i cant say i look forward to the day im at tribunal arguing my case against her solicitors, but if that what it comes down to i certainly will.

is there a legal ruling which states that if she has worked for a certain period of time on her new hours that it is deemed as accepted? or is the fact that my father failed to issue her with a revision of contract when he altered her hours, plus the fact that i failed to provide her with a written statement on transfer going to count agianst me?

@trickywicky - this is certainly not the case. life as a SPMR is certainly not lucrative.

is there anyway i can get free professional advice on this? i suppose checking my business insurance would be a ggod start....

thanks for the input received so far

kind regards,
Fill

KiKi

Fill_7 wrote: »

it certainly appears like she is 'chancing' it, and hoping i am intimidated by the whole affair and hastily offering her a settlement figure.

Fill, I don't know how often you're on here or know the posters on these boards, but SarEl is an employment barrister, so do take what she says on board.

Yes, do check your business insurance - and possibly even your home insurance (which is unlikely to cover business issues, but *may* provide a free legal hotline in which case you could ask the question from her perspective and see what they say!).

KiKi

SarEl

Fill_7 wrote: »

it certainly appears like she is 'chancing' it, and hoping i am intimidated by the whole affair and hastily offering her a settlement figure.

i cant say i look forward to the day im at tribunal arguing my case against her solicitors, but if that what it comes down to i certainly will.

is there a legal ruling which states that if she has worked for a certain period of time on her new hours that it is deemed as accepted? Not as such (or too many to count, depending on your point of view) - it is simply a fact. She must have rejected the change in writing as "working under protest" or is the fact that my father failed to issue her with a revision of contract when he altered her hours, plus the fact that i failed to provide her with a written statement on transfer going to count agianst me? No - there is a requirement to provide a written statement of main particulars within 8 weeks of starting employment (although if I recall correctly it was 12 weeks when she started!) - after that there is no such requirement to put bariations in writing although it is obviously good practice and (as you no know) common sense.

@trickywicky - this is certainly not the case. life as a SPMR is certainly not lucrative.

is there anyway i can get free professional advice on this? i suppose checking my business insurance would be a ggod start.... I would have thought so!

thanks for the input received so far

kind regards,
Fill

Your case is simple, provided you have the evidence, which you should have.

• The change was made in April and each member of staff was spoken to and the change accepted (salary records - witness statement from other employee)
• This is proven by the fact that she continued to work under the new conditions between April and October with no complaint (salary records)
• Between April and June she worked these hours with no complaint and the TUPE in June preserved her working hours and conditions as they were at the point of transfer (ditto)
• There was no repudiatory breach - she did not resign until six months alter and only upon being offered other employment (resignation letter???)
• You were not required to provide a new statement of written particulars - her contractual conditions remained the same at and after the point of transfer (whether she ever had one before isn't your problem)

KiKi

Fantastic post by SarEl, as ever...!

SarEl

TrickyWicky wrote: »

Well as SPMR of your own company trained by your own father you should be used to documenting everything. If you haven't you've left yourself wide open to abuse and they've got you over a barrel.

There are too many companies out there these days trying to screw over employees in their quest for self preservation and profit and while you may of thought you were doing the right thing your staff probably felt hard done by. IF you're driving an expensive car while they're struggling to survive and then you reduce their hours well.. you can see how this would make some people feel after giving you loyal service. They have needs and without you realising it they've probably suffered a lot while you're adding up the profits at the end of the week. If you were then silly enough not to document any of this then I'm afraid you're probably going to get crucified at this tribunal.

To think.. if you and your father had also cut down on your own hours/salary with the 2 others this could of all been a very different.

Quite - all four could be without a job, whereas nobody is. This is entirely uncalled for - and legal rubbish.

DVardysShadow

Fill_7 wrote: »

i did think whether id given too much info, but i dont have anything to hide. ...
i appreciate i may sound very 'green' at this moment!

If you feel you are green, then really you should delete that information until you feel confident about your position. While the choice still has meaning.

Sambucus_Nigra

Cracking response SarEl.

Fill_7

KiKi wrote: »

Fantastic post by SarEl, as ever...!

yes, thanks SarEl for this very informative information. very welcoming news indeed

kindest regards
Fill