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Basic rights at work & Redundancy

edited 30 November -1 at 1:00AM in Basic rights at work & Redundancy
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  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    salesman01 wrote: »
    Hi CAB crew,

    Firstly, I apologise in advance for what I do for a living, but it is purely as a stop gap until I get back into a career again (bills need paid). Also, when I started this job, we were there at the very beginning before it all blew up big time, so at the time people were very pleased to get help through me. But now folk can sort everything else for themselves I only do business with those too lazy to do it themselves, or have tried to do so and had no luck, so please.....don't shoot the messenger and help me get what I and my colleagues are due. My story.........

    I work for a scottish company wholly owned by solicitors (but with a different, public name) who specialise in reclaiming payment protection insurance. I meet members of the public and sign them up for the service provided by our solicitors. They pay me a standard payment for each day I work plus a fixed commission for each individual loan, credit card, mortgage, etc, that we discover had PPI (either in their home via a home visit by one of our advisers, or after we carry out a Subject Access Request to the companies involved). My payslip states how many days I have been paid for that month plus how many individual 'leads' I have been paid the fixed commission on. I have my own database of all the people's details and financial products they have told me about - which I will destroy when my employment ends to ensure I satisfy data protection law.

    My question is, as my pay is directly related to my commission, do I have a right to receive a print out of which client and product each individual commission relates to? Obviously one client can have 3 personal loans, 4 credit cards, 3 car finance, caravan finance, double glazing finance, 2 store cards and a catalogue, all of which may have had PPI, so the temptation for the solicitors might be to give me just one commission for that client as they know there is no transparency with the present situation. I can't help but feel I should have information that shows directly who each commission relates to, not least because my commission isn't a percentage of the profit rather it is a fixed pittance even if the loan is for £80,000. I do feel that the solicitors are treading a dangerous path if there is any impropriety on their part, as there would be a paper trail involved (from the details on my database>call logs within days from my office to my clients>paperwork signed by my client during the home visit or via the post>Subject Access Request Form from my solicitors to the financial companies>paperwork from financial companies to both the solicitors and the clients confirming the amount being returned>paperwork from solicitors to client detailing the cost of the legal services). The Data Protection Act would ensure that all computer hard drives - and data within - be kept for 6 years, so there is another aid to transparency.

    My colleagues are also worried about the potential for our solicitors to use us to collect a vast database of profitable clients, only to reclaim a small percentage themseves, giving the rest to partnered solicitors elsewhere we do not know about, therefore the customer gets their money, our solicitors get their money, but we miss out on lots of our entitled commission. How could we prove if such a solicitor-solicitor relationship exists? Calling our clients to ask some questions would take forever, as would visiting them (we each have thousands of people on our database), and clients may not be willing to engage in assisting us through a belief they were overcharged by our solicitors, or they may not remember how many individual loans, credit cards, etc, they were paid out on. Contacting the financial companies would be a no-goer as we are not solicitors nor would we be willing to pay 10 pounds for a Subject Access Request (this isn't far off what our fixed commission is). It is bad enough that we don't get a fixed percentage commission like a proper salesperson gets, and that our fixed commission is tiny relative to the solicitors' profit, but we accept that they are the ones who went through university and also invested the capital required to set the company up, but what is unacceptable is for them to keep any commission due us.

    Our manager used to come round up to about a year and a half ago and show us examples of commissions being paid for the previous month. This would show the name of the client, how many commissions we were being paid because of them, where we met them and when paperwork confirming PPI was seen, but it really was a case of my manager throwing his finger up and down a page for 2 seconds and then, wham, the folder was closed. We were never once given a copy of this paperwork despite many requests. Surely the fact he has shown us commissions paid means a precedent has been set and that he therefore has no reason to refuse to show and give us this information. Lastly, we were all promised that we would receive commission for any friends and relatives of our clients signed up by the company as a direct result of a home visit. How do we go about proving commission due on these people? Relatives living at the same address would be a lot easier to prove, but I guess proving a link to a friend would only be possible through calling each client individually - unless of course information on paperwork or computers in our head office helped, but I don't know the system works.
    Please advise us on our rights, what we should do, and any legal recourse available to us. We are a mixture of PAYE and self-employed.
    Kind regards

    Salesman01

    ps I love the work the CAB do.

    HI

    Thank you for your enquiry. As an employee you have the right to an itemised pay statement . Follow the link below to the ACAS website which explains what the statement should include. It is not clear from the information whether it would give you the right to the additional information you are requesting in respect of how your commission is actually broken down.

    http://www.acas.org.uk/index.aspx?articleid=1483

    Perhaps a number of you could get together and raise this as an issue with a view to getting more transparency but it may simply come down to the nature of the contract you have entered into and as such may not be resolvable.

    You could also try the Pay and Work Rights helpline on 0800 917 2368. They may be able to tell you if there is any other practical way to address this issue.
    Official 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 I’ve broken any rules please report my post to [email protected] as usual"
  • Are you actually capable of doing the "merged" job?

    Presumably the other person is a grade above you for a reason.

    It's not so much the job (as in "my" job and "their job") as the work which the employer needs to have done which should be considered.

    I note that you're not the CAB rep but to answer your questions, on balance I would say I am as capable of doing the merged job as the other person - in that neither of us are able to carry out the area of work the other one was responsible for as well (if that makes sense).

    My question is really, when there is this level of change going on, are the company allowed to just give one person a new job without any kind of application process? Others in another area of my department are having to reapply for their roles or for new roles so there is precedence for this.
  • BamamaBamama Forumite
    1K posts
    this is a direct quote from *our* maternity policy:
    "Public holidays during Maternity Leave

    If you are receiving Enhanced Maternity Pay, payment for public holidays is included in your EMP and therefore you may neither take a day in lieu before you begin your paid maternity leave nor accrue a day to take later for a public holiday which may be ‘missed’ during your paid maternity leave.

    If you are receiving Statutory Maternity Pay only, you may, when calculating the holiday which will accrue during your maternity leave period, include public holidays which fall within this period."

    This isn't from my business but I was wondering if they were allowed to do this? My understanding is that you would lose any bank holidays during ML.
  • I live abroad and I am applying for some jobs offers in London area.

    While in the past I have missed some payments from my credit card overdraft I am now trying to repay the outstanding amount but my rating will surely be low.

    The amount totals almost 1.000 £

    I prefer to do monthly repays and have a safer amount since if I move to a job abroad I will surely face some expenses upfront such as accomodation, travelling and food.

    As foreigner, does a UK company can be aware of my credit rating?
    Thank you in advance
  • Hi, i work for the Government and 4.5 years ago was overpaid by about £3000. I was told by the head of admin when i was promoted to put in a certain form at work to claim extra money. I did this and the forms were checked every couple of months when i submitted them and signed off . The money was then paid into my wages. When i was first told i could claim it i queried it but was told to claim it. After claiming this for around 8 months i was suddenly told that it was a mistake and that they wanted it back. I resisted this saying it was there mistake. They said that by law they could take it back from my wages and wanted an amount that i couldnt afford. I said i would pay back £5.00 per week as it was their mistake . They refused this offer and pressured me for more. I stood my ground and reiterated my offer. They then went quiet for 4 years and i didnt hear anymore until this week when they emailed me demanding to know how i was going to pay. I havent replied yet but four years is a long time to wait before asking for it again. What should i do ? Lozz.
  • xylophonexylophone Forumite
    34.7K posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    Are you still "working for the Government"? Is it "the Government" wanting the money?

    You agree that you owe the money?

    If the boot were on the other foot and you were owed the money, would you expect "the Government" to pay up? Would you be prepared to accept an offer of £5 a week?

    If "the Government" hadn't paid up after four years might you also be expecting interest on the sum owed?

    Better pay up?
  • deeleysdeeleys Forumite
    15 posts
    Tenth Anniversary 10 Posts Combo Breaker
    Hi, I've been at an organisation for 5 years. Last July a consultation process commenced to harmonise the terms and conditions of staff across the whole organisation. We were asked to sign an agreement/non agreement form for the proposed changes. I signed to disagree and passed a letter stating these disagreements to the person in charge of the process and he said he would have a look and get back to me. In August I emailed him for a progress report and he said that there was nothing to report as yet. In the mean time everyone who originally disagreed had meetings and finally they all signed the proposal (but not an actual contract). They have all automatically gone over to the new terms which including a pay rise. I am still on my old contract. My grievances were unique to the other staff, one of these was I currently have several months notice period. They want to change it to 1 month.

    At the same time as the harmonisation process, the organisation employed consultants to look at our department (IT) and 2 other IT departments in the same organisation based elsewhere. The organisation will not communicate the consultant’s findings or recommendations but they want them to return to carry on their work. In the past, other services were centralised and some jobs were lost. If there is a restructure and redundancies, currently I believe they have to give me the several months notice and I assume 5 weeks redundancy pay. If I sign the new contract then I get 1 months notice plus the 5 weeks redundancy. This massive difference in notice together with the current job uncertainty is forcing me not to sign. I feel undermined and that they are trying to make me leave even though I have been a good employee and a recent report has stated how well the IT department is doing. The HR manager has already jokingly said that she and I are on too much money.

    After looking at various websites, I believe they could terminate my contract, giving me notice, if I don’t sign?

    If so, would this be classed as redundancy with redundancy pay or dismissal without any recompense?

    Would I then have to take them to a tribunal for unfair dismissal/constructive dismissal? If so, would the creation of uncertainty, by introducing consultants, forcing me to not to sign my notice away, be grounds for this type of tribunal case?

    What is the usual recompense outcome if a case like this was won i.e. a few weeks/months wages?

    Am I fighting a losing battle as I am not in a union?

    Should I just sign the new contract and be thankful I have got a job for now?

    Thanks, any advice is appreciated.
  • xylophone wrote: »
    Are you still "working for the Government"? Is it "the Government" wanting the money?

    You agree that you owe the money?

    If the boot were on the other foot and you were owed the money, would you expect "the Government" to pay up? Would you be prepared to accept an offer of £5 a week?

    If "the Government" hadn't paid up after four years might you also be expecting interest on the sum owed?

    Better pay up?

    I think you missed ythe point but ne
    ver mind your not the person it has happened to. The fact that it was their fault i was paid the money in the first place makes a difference . Dont you think?
  • edited 27 October 2012 at 2:31PM
    misslondonno1misslondonno1 Forumite
    1 posts
    edited 27 October 2012 at 2:31PM
    hi
    i recently heard my boss calling me sneaky for having my annual leave signed off by the deputy manager. what legal rights have i got. i have been off work due to stress at work and I am finding it hard to trust her. Could i sue them for the effect it has had on my mental health? I work for a NHS Mental Health Trust, of all the places! I have worked for them for over 12 years, they have no compassion at all, total disgrace
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    Bamama wrote: »
    this is a direct quote from *our* maternity policy:
    "Public holidays during Maternity Leave

    If you are receiving Enhanced Maternity Pay, payment for public holidays is included in your EMP and therefore you may neither take a day in lieu before you begin your paid maternity leave nor accrue a day to take later for a public holiday which may be ‘missed’ during your paid maternity leave.

    If you are receiving Statutory Maternity Pay only, you may, when calculating the holiday which will accrue during your maternity leave period, include public holidays which fall within this period."

    This isn't from my business but I was wondering if they were allowed to do this? My understanding is that you would lose any bank holidays during ML.

    Hi

    Firstly there is actually no statutory right for employees to take bank holidays or public holidays, with or without pay, apart from special rules for shop workers on Xmas day .Any rights that an employee has to bank or public holidays, with or without pay, will be contained in their contract of employment. Where someone is given bank or public holidays off and is paid for them, they will count towards their entitlement to statutory holiday unless the contract states they are extra.

    A women on ordinary maternity leave continues to accrue holidays because all of the employee's usual contractual terms continue to apply at this time. This means that she will continue to accrue her statutory and contractual paid holidays during ordinary maternity leave in the same way as if she were at work, and that her usual conditions regarding holiday entitlement will apply.

    Follow the link to further information on the CAB website advice guide :

    http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/holidays_and_holiday_pay.htm#holiday_and_maternity-paternity_if_you_are_sick



    Official 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 I’ve broken any rules please report my post to [email protected] as usual"
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