Can I temp or will I be in breach of Contract?

When_the_going_gets_tough

As you say your company is breaching their contract with you by neither paying you or dismissing you. You may be able to start a claim against your employer for breach of contract in the small claims court whilst still remaining employed. Perhaps you could get half an hours legal advice on the merits of this approach and then send your employer a letter before action. A small claims case is manageable without legal help and starting the process might just concentrate the minds of your employer. They might dismiss you on capability grounds - which would NOT necessarily be unfair - but then at least you would know where you stand and enable you to claim JSA and possibly housing benefit. I would get some specialist advice if you possibly can first. CAB may be able to advise.

anamenottaken

BatOutOfUll wrote: »

UPDATE:


I've just had a text from HR - My Holiday pay will be in November's paypacket so that's some money, but I guess I'll be taxed on it as they took out contributions from my SSP

If you haven't been paid for a while, you may well get a tax rebate when you are paid holiday pay.

I wondered what you meant by "contributions".

Takeaway_Addict

BatOutOfUll wrote: »

I'm in one but they suggest resigning then suing for Constructive Dismissal


I'm going down the Greivance route as suggested by ACAS

Very low chance of winning, I think its only 3% of cases that goto tribunal the employee wins

jacques_chirac

When_the_going_gets_tough wrote: »

As you say your company is breaching their contract with you by neither paying you or dismissing you.

It is not nearly as simple as that.

If the OP does have a claim, it would be for failure to make reasonable adjustments. The key here is what is reasonable, and as the OP does not know about the financial implications of the RAs it is impossible for anyone to suggest whether they have a case or not.

OP, issue a grievance about the apparent delays in the employer taking steps to decide what adjustments may be made. This may be enough to prompt them to get the quotes needed and (if suitable) to make the adjustments. If it is not, then you can use it as an information gathering exercise to find out why they are not willing/ able to act.

BatOutOfUll

Takeaway_Addict wrote: »

OH and company doctor can't tell them to do anything, only suggest and then the company act on it.

The point remains, if 30% of say a 50k is what the company would have to pay then spending 15k to accommodate an employee is not reasonable in mine or most peoples eyes.

If the cost is £2k and its 30% then it would be more reasonable but then as Jacques has said that would only be reasonable if the company was profitable. If it was loss making then we are back into unreasonable. Each situation is unique.

Hence my confusion as they ARE getting quotes, but only since REMPLOY and Access to Work got on their case. If they wanted rid they wouldn't be forking out on Risk Assessments etc Everything is an external job. HR, Occy Health, Doctor.
Even my Grievance will be outsourced!


We as a Company are 130 staff, the firm that acquired us in March is HUGE Megabucks....


15K would be a tiny amount and less than an employees wage and enable them to employ disabled people. (This is REMPLOY's thinking)

BatOutOfUll

Takeaway_Addict wrote: »

Very low chance of winning, I think its only 3% of cases that goto tribunal the employee wins

I don't want to do this unless my hand is forced.

BatOutOfUll

jacques_chirac wrote: »

It is not nearly as simple as that.

If the OP does have a claim, it would be for failure to make reasonable adjustments. The key here is what is reasonable, and as the OP does not know about the financial implications of the RAs it is impossible for anyone to suggest whether they have a case or not.

OP, issue a grievance about the apparent delays in the employer taking steps to decide what adjustments may be made. This may be enough to prompt them to get the quotes needed and (if suitable) to make the adjustments. If it is not, then you can use it as an information gathering exercise to find out why they are not willing/ able to act.

It's in along with their failure to pay me.

BatOutOfUll

anamenottaken wrote: »

If you haven't been paid for a while, you may well get a tax rebate when you are paid holiday pay.

I wondered what you meant by "contributions".

I didn't get paid the full £86.70 per week but the Pay Slip didn't indicate where it went so I didn't know if it was Income Tax or NI


I was in hospital for three months so didn't see my Pay Slips to query this

bluenoseam

It's just just the straight financial implications of installing a lift which have to be considered, but the secondary financial impacts as well. Think about it logically, in order to install a lift they'd have to essentially isolate an area on several floors, given this is a warehouse that would be difficult to accomplish. While it's easy to think in terms of "oh so installing a lift is £X" you need to consider the business impact - yes installing it in a perfect world IS £X, but we're not in a perfect world. In doing the work required the business will lose money over and above the quoted cost of installation through the disruption of it.

It's also not as simple a case of "well they should've sacked me back in April" - they can't just sack you as soon as it becomes apparent that there's a disability, that's how you end up in tribunal. They no doubt have company policies which stipulate X amount of time must pass before you can be sent through capability procedures and that period may not have been reached yet. They could also argue that it takes a period of time to assess if your condition is likely to improve in "reasonable" time & assess if "reasonable" adjustments can be made. Again I'll use that perfect world analogy again, it's easy for us to say that it takes moments to decide if it's reasonable to spend money, but in reality it's got to go through several levels. (Particularly if this is a public company as it will be a significant impact on the books)

April to November is 7 months, that seems like a long time but in reality it's not exactly a huge amount, particularly when you consider the implications if the business gets it wrong. When you consider the implications for any adjustments it's not exactly unreasonable for them to consider things carefully.

Here's something a little different though, I'd say it perhaps has the smell of the company stalling with the intent of making you resign. That's difficult to prove, but ultimately given the low success rate of constructive dismissal cases it could be they fancy their chances there rather than paying you off.

BatOutOfUll

When_the_going_gets_tough wrote: »

As you say your company is breaching their contract with you by neither paying you or dismissing you. You may be able to start a claim against your employer for breach of contract in the small claims court whilst still remaining employed. Perhaps you could get half an hours legal advice on the merits of this approach and then send your employer a letter before action. A small claims case is manageable without legal help and starting the process might just concentrate the minds of your employer. They might dismiss you on capability grounds - which would NOT necessarily be unfair - but then at least you would know where you stand and enable you to claim JSA and possibly housing benefit. I would get some specialist advice if you possibly can first. CAB may be able to advise.

I get LHA which replaced Housing Benefit for Private Tenants, however as my son works full time on Min wage for 18 yo it is reduced to £70 a week the most I could get if he didn't work would be 103.85 a week
That £70 a week is all I'm getting atm