Urgent Employment Lawyer Advise Needed!

[teaboy2]

Re: Urgent Employment Lawyer Advise Needed!

Hi
I am not disputing with them the one unpaid day back in April 2011, cause i think it is too late for this.

But that is exactly what you are doing when your querying the new rule, which no it can not be enforced on you if it is not in the contract or company hand book. Also its not to late as statue of limitation act allows upto 6 years to reclaim money. Yes you won't be able to use the employment tribunal since its been 3 months since the date, but you can still argue your point and even goto the small claims court or contact ACAS for advice and or mediation. Though you could goto tribunal to dispute the rule on the basis that it applies continously (therefore meaning the 3 month rule does not applying) yet does not appear in contract or in company hand book where you can then include the deduction of wages you incurred as supporting evidence.

So in order to dispute the alleged new rule, you have to provide your reasoning as to why your disputing it, and using the fact they deducted a days wage from you despite the fact you did the work is the best way of doing so, because since you still did the work, then it is irrelevant as to whether you were sick at home or not when you did the work, because the work was still done and as such you should still be paid for any work you did. Especially when they were still paying others that were in hospital full salary for the weeks they had off work, therefore having one rule for one and another rule (Discrimination) that does not appear in the company handbook for others like yourselve that still did the work required of them even though you were at home sick. Hence why i said to write a letter in my previous post.

[Noushki]

Re: Urgent Employment Lawyer Advise Needed!

What do you think about this?

Dear xxx
I appreciate that company has a right to suspend paying for sick leave at any time and I am aware it is stated in my contract, but I feel that I am not being treated fairly in comparison to other employees.

I recently noted that 2 other employees who were off work sick for few weeks were still paid full salary. Despite performing my duties from home for 2 days back in April I was deducted a day wage in accordance to this new and previously unknown policy that does not appear on my contract or in the company handbook. The rules should be the same for all employees and such rules or policy should be in my employment contract or in the company handbook to be legally enforceable.

I appreciate that they were treated in the hospital, but where in my contract or in employee handbook does it state which illness is considered “special circumstances” and which illness is considered serious enough for you to decide to pay or not my sick leave? NHS confirms that even flu or simple chest infection may occasionally turn into life threatening complications, affecting especially those with a low immunity system and as you are well aware I am one of those people.

[teaboy2]

Re: Urgent Employment Lawyer Advise Needed!

What do you think about this?

Dear xxx
I appreciate that company has a right to suspend paying for sick leave at any time and I am aware it is stated in my contract, but I feel that I am not being treated fairly in comparison to other employees.

I recently noted that 2 other employees who were off work sick for few weeks were still paid full salary. Despite performing my duties from home for 2 days back in April I was deducted a day wage in accordance to this new and previously unknown policy that does not appear on my contract or in the company handbook i.e. 7 day rule to be specific, as no mention of the 7 day rule appears in my contract or the company handbook. The rules should be the same for all employees and such rules or policy should be in my employment contract or in the company handbook to be legally enforceable. The fact that i had still completed all work, when i was sick, that i would have been required to do if i had not been off sick could make such deduction an unlawful deduction of wages under the employment rights act - As i still completed my work even though i was at home sick at the time and was therefore technically working from home.

I appreciate that they were treated in the hospital, but where in my contract or in employee handbook does it state which illness is considered “special circumstances” and which illness is considered serious enough for you to decide to pay or not my sick leave? NHS confirms that even flu or simple chest infection may occasionally turn into life threatening complications, affecting especially those with a low immunity system and as you are well aware I am one of those people. Also the fact you treat myself and maybe others differently to those employees that require hospital treatment may itself be deemed discrimination, i.e. treating one catagory differently to that of the other.

That should do it.

[Noushki]

Re: Urgent Employment Lawyer Advise Needed!

Thank you so much! I am scared to send it, but I have to do it. Office Manager dislikes me cause I always question those issues and I speak my mind, so I know it will get me into trouble, but I do not want to be treated unfairly because of my health. I had blood cancer and I suffered enough and I do not wish to suffer anymore by being discriminated.

[teaboy2]

Re: Urgent Employment Lawyer Advise Needed!

It will not get you into trouble at all, if it does you need make a grievance against the manager, because whether he likes you or not he must still treat you the same as any other employee and respect your right to question such rules or company policy. In other words it will be the office manager that is in trouble if he tells you off, makes things difficult for you or tries to discipline you or even starts picking your work to find reason to discipline you i.e. Victimisation. Its worth noting that alot of employees do not realise they are victims of victimisation and that maybe the case with yourself, depending on what incidents have already occured between you and the office manager.

Victimisation is a concept in employment law. It refers to situations where people are targeted with abuse, suffer detriment to their employment conditions or are dismissed as a result of bringing a claim for another form of discrimination. If an employee is "victimised" for complaining about another part of work, then a separate and independent claim for such treatment would arise. If an employee has brought a discrimination claim, acted as a witness in someone else's claim or raised issues relating to potential discrimination, any action taken against them because of this will be unlawful.

[gfkoois]

Girls, advise, please, a good lawyer or a lawyer on family affairs and divorces! The situation is not the most pleasant... My husband went to another, left me with a five-year-old child, and now going to evict from the apartment in which we are registered with the child...(( I wish I could consult with a knowledgeable person! We live now in England, but we made out the marriage in Ukraine. Should I look for a lawyer http://legals.in.ua/top/ at home? Or it can be done here?