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Employee Off Site Parking Rights

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  • Uncertain
    Uncertain Posts: 3,901 Forumite
    A.Galloway wrote: »
    I don't pay statutory. Let's just say I have very loyal staff who have worked for me for 30-40 years, with most on a salary of £45k.

    I make sure my staff are well looked after!

    A.G

    Pleased to hear it!
  • antrobus
    antrobus Posts: 17,386 Forumite
    Uncertain wrote: »
    ....An employer can change a contract.
    .

    If employers want to make changes to an employee’s contract, they must get their agreement.

    https://www.gov.uk/your-employment-contract-how-it-can-be-changed/getting-agreement

    An existing contract of employment can be varied only with the agreement of both parties.

    http://www.acas.org.uk/media/pdf/8/6/Varying-a-contract-of-employment-accessible-version.pdf

    Are you quite sure you have enough knowledge to make a useful contribution?
  • telboyo
    telboyo Posts: 410 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    The company can certainly request people do not park in certain streets in order to be polite to local residents. They cannot tell people not to park there, as it is a legal activity and does not affect people'sability to do the job.
    The Company can ask people not to drink alcohol before work, although drinking is a legal activity, it will affect performance at work and therefore the Co. is allowed to do this.
    Why not prohibit people from shopping at Tesco's or eating meat? There are many people who dislike Tesco's or do not eat meat, in the same way that the local residents dislike people parking out side their houses.

    On another point if the residents cars are parked at the start of work nobody can park in "their" spot. If they are out at work they probably won't return home before the interlopers have left work and returned home.
    Seems like people moaning about something for no reason
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 29 January 2013 at 7:12PM
    antrobus wrote: »
    If employers want to make changes to an employee’s contract, they must get their agreement.

    https://www.gov.uk/your-employment-contract-how-it-can-be-changed/getting-agreement

    An existing contract of employment can be varied only with the agreement of both parties.

    http://www.acas.org.uk/media/pdf/8/6/Varying-a-contract-of-employment-accessible-version.pdf

    Are you quite sure you have enough knowledge to make a useful contribution?

    1 Many (most?) contracts contain a variation clause, if the employee has agreed to the contract in the first place, they have also agreed to the variation clause.

    2 If the employer makes changes to the contract, and the employee continues to work under the contract, without formally notifying the employer that they are working under protest, the employee is deemed by his/her conduct to have accepted the change.

    EDIT: And it still comes back to the question - what are you going to do about it?

    There is little avenue for redress unless you want to resign and claim constructive dismissal, and hope to be in the 3% of claimants who succeed.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    edited 29 January 2013 at 7:18PM
    antrobus wrote: »
    If employers want to make changes to an employee’s contract, they must get their agreement.

    https://www.gov.uk/your-employment-contract-how-it-can-be-changed/getting-agreement

    An existing contract of employment can be varied only with the agreement of both parties.

    http://www.acas.org.uk/media/pdf/8/6/Varying-a-contract-of-employment-accessible-version.pdf

    But ultimately if the employer and employee can't agree the employer can impose the change.

    The employee then has two options......

    Accept it

    or

    Resign and claim unfair dismissal (not constructive dismissal under these circumstances despite resigning).

    A tribunal would then have to decide if the dismissal was unfair (in law) and, if so, what if any compensation to award.

    Increasingly tribunals are finding it reasonable for the employer to make changes but it does of course depend on the circumstances.
    Are you quite sure you have enough knowledge to make a useful contribution?

    Yes thanks, have you?
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    EDIT: And it still comes back to the question - what are you going to do about it?

    There is little avenue for redress unless you want to resign and claim constructive dismissal, and hope to be in the 3% of claimants who succeed.

    And even then, if you do win you will at best end up with some compensation which is usually far less than most people think!
  • wik
    wik Posts: 575 Forumite
    When it comes to work parking sometimes you just have to suck it up!!!

    We have had a restructure at work and now been told that we must not park in the carparks (nhs ones) staff are to use park n ride!!

    luckily there is some on street parking available between 10 and 4pm about 10 minutes walk away!

    I work part time, and only have to visit onsite maybe 2 times a month ( i work in a different area the rest of the time) for me to use the park and ride, it would mean what used to mean I could pop there n back in an hour would take 2 hours!!
    So I am sucking it up and getting some much needed exercise to visit the site.!!
    wik x
    "Aunty C McB-Wik"
    "Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming "WOO HOO, What a Ride!"
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    A.Galloway wrote: »
    Calm down or visit a doctor.

    I don't pay statutory. Let's just say I have very loyal staff who have worked for me for 30-40 years, with most on a salary of £45k.

    I make sure my staff are well looked after!

    A.G

    I'm in the sameboat as you are here AG.

    We provide a decent salary, plus a bonus scheme depending on work (fixed 20% of pre-tax profit paid out in varying amounts). It's more common in our industry to work on self-employment, so as well as providing job security, we are also providing one of the most competitive packages on the market to go with it.

    The average salary is about £125-150k, plus company car replaced every 18 months, plus 15% of salary match pension contributions, healthcare, assistance with housing if from abroad etc etc etc.

    I could technically get away with offering about £30k, no car, no benefits, but surely it's only fair to pay staff for the work they bring in?

    CK
    💙💛 💔
  • yvonne13_2
    yvonne13_2 Posts: 1,955 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP you say there's a few parking spaces at work so who gets to park in them?

    Also have you decided where your going to park from now on?
    It's better to regret something I did do than to regret something that I didn’t. :EasterBun
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 30 January 2013 at 8:32AM
    Just came across this, posted at 5.47 this morning
    https://forums.moneysavingexpert.com/discussion/4415809
    CKhalvashi wrote: »
    There's nothing in case law to state that OP's OH is estranged, so therefore it may be difficult to claim at this stage anyway.

    You need to seek advice from a specialist advisor, as whilst I'm experienced in dealing with HB claims (the forms, not the processing), this is a situation that would be judged on a case-by-case basis, which I can't do without looking at all the circumstances. I do not feel comfortable doing this on an open forum for obvious reasons, one of them being that I do not want my professional opinion to be wrong.

    I've had a quick flick through the HB rules for students as I'm typing this, and can't find anything to this effect, even though I am aware of rules being in existence for this. Please also be aware that I represent an area with no universities, and therefore this may impact my opinion further.

    It may be worth filling out the form and seeing what happens, but ensure that you have a backup plan just incase. Ask to speak with someone from the council (employed by the council), or the Cllr with responsibility for housing (legally independent, and have signed declarations to this effect.) There may be more than one, there are two in our council, which is relatively small.

    Have you heard back from Shelter, and when you have, please let us know, however on the tenancy agreement, I will not let a valuable asset to someone under 18 years of age; please bear this in mind as another potential barrier.

    There is a lady who deals with the processing, and I don't think she's seen this thread yet, so it may be worth waiting for her, as once the form is in, whilst I often am asked to clarify, I don't make the decisions personally.

    CK

    And remembered this post from yesterday...
    CKhalvashi wrote: »
    I'm in the sameboat as you are here AG.

    We provide a decent salary, plus a bonus scheme depending on work (fixed 20% of pre-tax profit paid out in varying amounts). It's more common in our industry to work on self-employment, so as well as providing job security, we are also providing one of the most competitive packages on the market to go with it.

    The average salary is about £125-150k, plus company car replaced every 18 months, plus 15% of salary match pension contributions, healthcare, assistance with housing if from abroad etc etc etc.

    I could technically get away with offering about £30k, no car, no benefits, but surely it's only fair to pay staff for the work they bring in?

    CK

    Gosh, I didn't realise housing benefit pays so well!
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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