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MobileB

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About MobileB

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  • Birthday 24/11/1964

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  • Location
    Sheffield
  • Interests
    Wedding Videos, Football, Cricket, Beer, Mrs Mobile
  • Occupation
    Professional Wedding Videos and a bit of Human Resources

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  1. As mentioned above, Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC 22 - basically notice is served then the receiving party has had time to read the correspondence and day one starts the following day. So it you give your notice on Monday, and the notice period is 7 days, then final day is the following Monday. Obviously, the employer can choose to mutually agree to finish earlier than this if you so request. Mentioned case was quite a complex case involving someones pension rights that increased when she reached 50. She needed 12 weeks notice but because she was on holiday when the notice was served, the Supreme Court decided that the day of reading the correspondence was on the day she returned from holiday. This took her over her 50th birthday and with massive increase in pension.
  2. Not sure where you get the year from. If you have any termination fears related to the TUPE you are protected forever. That doesn't stop a company making redundancies but it has to be for genuine ETO reasons and not related to the TUPE. The point I was making about the location was more to do with static staff. It does become even more complex with mobile workers! You say the transfer is scheduled for December. You'll find out your new employer at least 28 days before transfer due to the need to disclose at that stage and as your personal data is bring disclosed they need to inform you.
  3. It does. If handed in person, it is deemed to have started the following day. So handing in on a Monday would be the Monday after unless mutually agreed otherwise. Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] is an interesting read for this (honest). But basically it says that notice is served when the letter has been delivered and the receiver has had adequate time to read it. When done in person (by letter or email) this is generally regarded as the following day (unless the person receiving is on holiday in which case its a bit more complex - give it someone else!!)
  4. That is unlawful. They will try to claim it is an express term in the Contract of Employment but it is unlawful to deduct wages for hours worked. The exception to this may be, for instance, to pay for the cost of ordering a uniform but you have only worked for a limited period or if they have paid for external training costs that would lead to a recognised qualification. This would be allowed but there would have to be a signed express term outside of the Contract of Employment to show that you have read that specific clause and agree to it. And even in this instance, they could not deduct an amount that would take the employee below the National Minimum Wage. It is also totally unlawful to deduct any amount of holiday pay, irrespective. They can put a compensation claim forward to you for any costs that have been incurred by not serving notice. For instance, if they have had to employ an agency worker on a higher wage (they can only claim the difference between the two wage and the agency costs) but they have to show that the work was necessary, and that the deduction was a true cost and not a penalty There is plenty of case law about this and it is all covered by the Employment Right Act. You need to get on to ACAS immediately (certainly within 3 months of termination) and start an Early Conciliation Claim. This needs to be in place before you can commence ET. There is no minimum service requirement for unlawful deduction claims. Just to add to that, if more than 2 years service, I would add a constructive dismissal claim to the case. Bit more complex because it depends whether the disciplinaries were appealed, process followed etc so would need to show their actions were deliberate to breach the trust and confidence in the contract. It's very difficult to show and if it went to case management it could get thrown out but put it in.
  5. TUPE is probably the most complex area of Employment Law there is. In theory it should be very simple - but its not. Generally you are protected with your current T&Cs (although note your pension is not) - this sounds like a simple change of service provision so you are covered by the 2006 regulations. Are the new company going to maintain service at the current location? That is usually the first question. If yes, then you will just carry on except with a different employer but your continuous service, pay etc remains the same. However, if they are planning to move the work elsewhere then it does become very complex although no matter where it is being moved to (even South Africa!) you have a right to move with the work on your existing T&Cs.
  6. You are, of course, presuming that he is a member of a union or that the business has a collective agreement for redundancies with the company........
  7. Cyclones advise is correct - but also check your contract of employment as this will show if you have any enhanced redundancy terms (some companies offer enhanced for voluntary redundancy for instance). Dependent upon the numbers that are being made redundant then they will also be a consultation period. If the number is 20 or more than the period is 28 days, if 100 or more then it is 90 days. If less than 20 there is nothing in statute but it has to be "reasonable". Once notice has been served on you, then they may require you to work your notice but you can leave at anytime during that period if you find yourself another job. You would be forfeiting your right to the remainder of your notice pay but you would still receive your redundancy pay if this was to happen. If they don't require you to work your notice then they will pay in lieu of notice (PILON) and you can get another job once notice has been served with no requirement to forfeit any of the PILON. There are a few more ifs and buts involved but hope with what Cyclone has said and the above gives you the base outline.
  8. You obviously never go up and down the parkway each morning and evening then! Fortunately, I go the other way out and in but if you think regular stacks back to Catcliffe in a morning and to Handsworth form J33 is a good then so be it! And it is like that every day of the week (even when kids are on holiday!!)
  9. Don't worry they have put up a sign saying uneven road surface so all is ok now.
  10. Wonder why they were relaying the road outside the property on Sunday morning.
  11. So if you're allowed to park on yellow lines on a bank holiday but that yellow line is in a bus lane, do you still get a ticket?
  12. Sorry planner. That last bit is not true. A friend of mine received a ticket for exactly that. Only the back half of the car went into the bus lane. The photograph shows exactly that. This was a couple of years ago - not sure if things have changed now but by obtaining a copy of the photograph, they were prevented from paying the lower charge. With that in mind, I am sure there are loads where people have just crossed the line, been given a ticket and not asked for the photograph and just took the lower charge. I probably drive on that bit two mornings a month which is not really scientific, but each time I have done, as Diezeltruck says, I have seen vehicles go across the end of the bus lane (with buses cutting back the other way). Given the restricted hours of that bus lane, what he is saying is almost certainly absolutely correct. I have never seen a vehicle that is not either a taxi or a bus drive completely down the bus lane.
  13. What an absolute load of tosh, Planner. Bus Lane on Abbeydale Road and junction of Woodseats Road. Junction at the end of Ecclesall Road with the camera on it that takes a fortune in fines. Bus Lane that runs past the Tesco garage on Abbeydale Road. And there are loads more that just cause traffic to stack back unnecessary because they end too close to the junction. I have said before the one at the end of Ecclesall Road just causes carnage with buses moving from left lane to right and cars going the other way. That one is certainly no more than a money grabber. All that happens is people lose respect for their purpose and this thread shows just that.
  14. Do you think before they finish building it, there's a chance that they will stop cars turning right coming down Prince of Wales Road onto Castlebeck Avenue to prevent to the total chaos that goes off at that junction every morning and evening? And at the same time, maybe put some peak traffic controls in place at the parkway roundabout (particularly aimed at keeping the traffic flowing and stopping cars coming off the parkway and back on again every morning to avoid the jams).
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