Employment Q&A

Question - Hello, i would like to ask what qualifies as a verbal contract of employment please. Thank you

Answer - I thank you for your email and confirm that you do not need to have a contract in writing for it to be binding - a verbal contract will also be binding.

Question - The care company I work for has just recently changed the shift pattern. Now we are working from 2pm till 9pm and the following day 7am till 2pm. This means we only have 10 hours inbetween shifts. Is this fair and what can i do if it isnt?

Answer - Generally, unless you are dismissed or unlawfully discriminated on the grounds of one of the protected characteristics contained in the Equality Act 2010, you cannot do anything under UK employment law because something is "unfair".  Also, I assume from what you say that you agreed to the change or that your employer has the right under the terms of your employment contract to change your shift pattern in the way you describe.

Question - I was contracted to trade union congress (TUC).I'M also a member of unite union. I'm looking for a suitable solicitor to represent me but unfortunately my funds are limited, basically a solicitor who would accept or represent on a no win no fee bases I was unfairly treated by TUC.

I was trying to bring a matter to senior members of tuc, a breach in tuc regulation.
My concern was reported to someone else who had possible involvement of mismanagement of funds at tuc by tuc staff.

Before and after this time I was harassed and intimidated and physical assaulted on tuc premises. Physical assault was in investigated and classed it to a lesser case of ABH. Then, I was subjected by tuc staff taking pictures of me, which I did not give permission and I did inform him its invasion of my privacy and I had not given him permission, his reply was it's his phone he can do what he wants. I did report it to tuc but the matter was as not fully investigated. I request a cctv footage under data protection act, from tuc and informed my employer I had made a request. Even my employer did not acknowdge the incident took place, a tuc member recording me on his phone.

A letter from tuc to my employer resulted in my removal from tuc.i was not working for two weeks and eventually I was offered a temporary work. I did inform my union rep' but the impression I received, he was reluctant to get involved, ignoring some of my emails and phone calls.

Now, I have written to head of unite for assistance Ian Mcklusky and, now ex-senior unite member. I have not yet received a satisfactory answer. The matter I believe eventually was investigated but I was still kept in the dark, of the outcome. I was the victim here and I was punished by losing my posting, a posting which I enjoyed, and a dream position. I wanted to become a union rep to help others.

I can understand why unite are reluctant to get to involved,becaue tuc are in effect unites boss, so I would imagine the reason why I have being ignored to be given proper representation. I have being subjected to other intimidating actions by tuc staff, which I have not mentioned above. I have lost my dream posting my union rep' has let me down ,head of unite are dragging there feet over this mtter.It has effected my health ,loss of income and now im in a post which pays less then what I was on at tuc.

My employer, concerned they could lose a client, if they pursued the matter on my behalf, maybe? I am now aware I could have taken the matter to the employment tribunal, as long I had contacted them within 3 months but I was unaware of this route at the time, my union rep should have advised me but he seemed to be reluctant to get involved. What I would like to know, what course of action can I take now?

Answer - Which? Legal Service are limited to giving advice on any potential claims you may have under UK Employment Law against your employer.  There are strict time limits for commencing proceedings in the Employment Tribunals to enforce those rights and generally if you miss the deadlines that is the end of the matter.  Tribunals do have power to extend time limits but only in very limited circumstances and ignorance of the rules is not enough.

Question - I am 65 this September. My employer seems to have followed the old retirement regulations to the letter up to a point. They sent me a letter stating my retirement date end of last year and said I could apply to stay on, in writing, providing the letter was received before 10th June. This is exactly three months before my retirement date. All text book stuff. However I sent my letter to them, recorded delivery, requesting to stay on back in April but had heard nothing. I called them to find out what was happening at the beginning of July and have now got a meeting scheduled for Monday.

My question is the old regulations state, I believe, that the employer has to hold a meeting with you "within a reasonible time". Is 6 weeks or so a reasonable time? I feel that they have not left enough time for me to appeal if they will not allow me to stay on. Would I have a case against them for unfair dismissal on these timescales? And if so what could I hope to gain by that.

Answer - Thank you for your email.

Question - My partner has been off work with stress since January and is coming to the end of her SSP (which is all the money she receives) can her employer sack her at the end of this period of sickness?

Answer - An employer is not obliged to continue employing someone who is unable to return to work but before dismissing a long term sick employee they would have to follow a disciplinary procedure.

Question - Also is it normal to be asked to work notice period served on you when you are being made redundant - I can see no other way of describing them serving the notice on me as it is not dismissal for misconduct etc., simply for not accepting a drastic cut to my base salary which I had agreed 1 months ago before joining the company. The salary they are now offering is not even competitive on the open market.

I requested to be paid my 2 months notice as tax free redundancy and they are refusing.

Answer - If dismissing, the employer has the choice of requiring you to work your notice or not. In your case, it is just as well they are so requiring, as if they had dismissed immediately with pay in lieu of notice (as they could have done) you would not have attained the requisite year to enable you to bring an unfair dismissal claim.

Question - My employer has asked to reduce my salary by 40%. I have worked there 11 months and I have refused their kind offer of a salary reduction as my employment contract states any change has to be between the employer and the employee.

As a result of not accepting the reduced salary they have now verbally given me my 2 month notice period which is stated in my contract.

What rights do I have given I have only been there 11 months and not 12?
My 2 months notice period that they are asking me to work takes me over this 12 month period.

The company is operating in the UK as a Foreign Entity and is registered as such with the Inland Revenue. There is one other employee in the UK which has not been impacted as they are in a different role.

Is there a case for unfair dismissal or wrongful dismissal as I have refused to accept the salary reduction and they have now served me notice. Is it possible to sue a company who is based in Israel, but operates in the UK as a Foreign Entity.

Thank you for your help.

Answer - Provided that you work your notice and have not been dimissed immediately with 2 weeks pay in lieu of notice, you will have attained a year's employment, which is the minimum needed for an employment tribunal to hear a claim of unfair dismissal. In view of the situation having arisen by virtue of your having rejected a 40% pay cut, it is quite likely that a tribunal would find that you were entitled to reject a cut of such magnitude and that the dismissal because you rejected it was unfair.

Question - I work in a school which has recently converted to an Academy. I was told that my role would be changing, and I have been given a job that is identical in every way to another colleague, except she works 27.5 hours a week and I work 20 hours a week. I am expected to manage an identical workload. Can they do this?

Answer - Thank you for your email.

Question - I started sub-contracting for a plastering firm as they didn't want to employ me. This was to allow me to do my NVQ.

Parted company with the firm as there were issues with the way the business was being run, being owed a weeks wages (44 hours).

Having requested the oustanding wages, the boss said he will pay me if I PAY HIM for time he went to the college to arrange my NVQ. THIS I DID NOT ASK HIM TO DO.

This was sent in a rather spiteful text saying he though I 'had a cheek to ask for the outstanding wages' ending with 'welcome to the real world'.

What are my options from here and who else could I ask for assistance? Does he have a right to ask me to pay him? Would pursuing this cause more hassel than it's worth, especially if he turned nasty?

Answer - I am presuming that you mean he is asking for you to pay for his time in dealing with the college and confirm that he has no legal basis for doing so (unless this had been agreed at the outset).

Question - I recently returned to work after sick leave with a with a doctors certificate saying i was fit for work.on arrival i was told by manager to go home and come back next week as i didnt look fit for work go back and see my doctor and hand in another sick line.my doctor was furious as i was fully fit and couldnt give me a sick line as its a legal document.because i didnt have a sick line i only got paid £1.80.what are my rights?

Answer - I thank you for your email and would advise that, as you were ready, willing and able to attend work and your employer sent you home, unless the employer can do this under the terms of your employment contract, you should receive your full pay for that period.

Question - I was refused paid special leave (March 2011). I am aware of paid leave being granted to another member of staff in the same situation. I left the company in June. Is it possible to put forward a complaint now with a view to highlighting this discrimination?

Answer - I thank you for your email and confirm that if you wish to claim discrimination then any claim has to be submitted to the Employment Tribunal within 3 months of the date of the act complained of.

Question - Shortly after I left my previous employer, a back-dated pay rise was awarded. I had therefore worked for 7 months of the backdated period. Can I claim the difference between what I was actually paid and what I would have received including the back-dated rise? If so, how should I do this?

Answer - I thank you for your email and the answer would be dependant upon the terms of your contract.

Question - Hi, past couple of years I've been paid every last Friday in month. I only got paid 12 times in a year. Was I supposed to get paid 13th wage? Thank you

Answer - I thank you for your email and the answer would be dependant upon what your contract of employment states, or how often you are paid.

Question - I feel I have been bullied at work for some time and now I have been made redundant and I feel this is their way of getting rid of me. How can I prove that I am a victim?

Answer - Thank you for your email.

Question - I currently am a UK remote worker, working for a website where the office is based in America. I've been with the company for 8 years working from home. The company have decided that they want everyone working from the usa office and have only guaranteed my job for the next 2 months. Is this unfair redundancy? Now they haven't specifically stated that they'll re-employ someone to do my role but they will need someone to take over my tasks as the site wouldn't run efficiently without it. I just would like to know if this sounds as if I could take things further.

Answer - A redundancy occurs when:

Question - I am on a fixed term contract with my present employers which has been extended until October. As stated in a letter receved from my employers, it was due to the work I was doing being expected to continue until that date. The work I am now expected to do has changed from a processing position to a cold calling position of which I have no training or previous experience as this was not an area of expertise for myself. I have been told that this is the type of work I must now do although there are permanent members of staff within the section I am on doing clerical work and not having to do the cold calling. My line manager has heard my objections to the type of work now expected of me but says there is nothing that he can do. As I am on a fixed term contract and only working 20 hours a week, is there anything I can do apart from leave which due to my present financial circumstances I do not wish to do? I no longer like my job due to the changes that have been made, however, I would be happier doing clerical work and do not understand why I have been put in this role when my contract is due to finish in October. Please advise if you can.

Answer - Whether your employer can ask to to undertake a different role to that employment will be dependant upon the terms of the contract - most contracts state that you will undertake such other reasonable tasks as are required.

Question - A line manager has made allegations stating that I refused to carry out work tasks-I have many witnesses to state that this is untrue-especially the person who I was supposed not to have assisted with this work-can you advise what I can do within my organisation (they are not interested) and what I can do about this slander if my employer remains disinterested. many thanks.

Answer - I would advise that you submit a formal grievance to your employer as their failure to do anything could have a detrimental effect on you later with managers and colleagues alike.

Question - I am currently on mat leave and have requested to reduce my hours when I return to work by just 8 1/2 hrs a week, I never imaganed this would be a problem as before my mat leave started the company had made pay offs, cancelled bonus's and stopped paying for apts to reduce outgoings as things are quiet, but my employer was reluctent and only agreed on a short term basis and said incase it opened opertunites for other staff to make a request for less hours, therefor they wont change my contract, meaning I will be working less hours but on my existing full time contract. Is there reason valid?? should they give me a new temp contract agreeing what was discussed if this is the case? (there are 5 members of staff in my office, I am not the only person to do my job)

I also will have 10 days holiday to take when I return to work but if I go back on reduced hours it works out 11 days if you go by hours incrued while on mat leave, but my employer told me that it will stay 10 days weather my hours change or not, is this correct??

Answer - Although you have a statutory right to request flexible working, your employer can refuse such a request if there are good business reasons for such a refusal. The law gives you the right to make the request, but not the right to work flexibly.

Question - My line manager tells me that our department budget needs to be cut and that I should 'consider applying' for a currently advertised, lower paid post in another department. The employer has a preferential redeployment policy for those who have been made forcibly redundant.

Right now I am still employed. I don't think I can afford to take a lower paid post. If i wait to be made redundant, I would have priority on new vacancies, but there might not be any by the time that happens.

Is 'consider applying' constructive dismissal? What are my rights/options?
(My employer currently has a voluntary redundancy scheme open. Hey, times are tough. I could apply to that, but am not guaranteed to be accepted)

Answer - Thank you for your query.

Question - I have recently been made redundant. The company appeared to have followed procedure with consultations, however I feel that I was unfairly treated. The criteria which I was judged by was taken over a 12 month period from April 2010 to April 2011, however I was seconded out of this dept in January 2010 and did not return until May 2011. Is this fair, considering that other employees were judged over the whole 12 month period?

Answer - Thank you for your email.

Question - I hope you can help me, I feel totally stuck and dont know what I can do, im hoping you can help me.

I currently work for Glasgow Audi, have done since Jan this year (6mnts) I work in the sales department as a Car Sales Executive and really like my job even though its REALLY difficult at times, anyway ive had had issues with the p/t receptionists there are 3 off them there oly in ther early 20's, that make my job even harder by not being fair when passing customers on to sales persons 'I always seem to get ignored' so because they are the 1st point of contact with our customers they are causing me to lose money basically, which annoys me, then theres when they dont pass on messages that customers have left or when I do get them it too late, there is also the dirty looks I get, they have been provoking me since I would say about 1 month after I started but, I have choosen to just ignore it and hopefully they would get fed up. These girls primiscuious and hang with to of the top sales boys so they have always walked about like they own the place and theyre also in with the Top boss's Wife as she works on reception 2 days of the week, I know it might seem like im going on here a bit but, I want to give you the full story so you can give me the best possible advice. All these issues I have addressed to my manager on several occasions but not formally as I find would just expect my manager to see them as just girly problems, I do know that the girls feel threatened by me and I dont want to blow smoke up my own arse but i wouldnt say I was ugly, I feel ugly though as all through my like I was picked on for being tall, thin, my big eyes and big lips and as ive grow up all people comment on is how pretty I am, anyway so back to this, There was an incident last Wednesday 13th July, I was in work trying to get a car to go out for me + my new cars sales managers lunch was going to sub-way, so Iain Henderson(used car manger) says I was to ask the trainee sales boy Kieran who was standing with Laura Mitchell (1 of the 3 hosts im having problems with) and Steven Mitchell (1 of the top sales boys, Iain Henderson is the other) he said he didnt have it but, had a attitude towards me(something that has happend in getting together with that gang, he's only been tere a few months and has started getting really cocky with some of the other sales guys) so I said back to Iain Henderson that Kieran said he doesnt have the key, Iain then said ''Where is it, to Kieran replyed in a nicer tone to Iain that he out it on his desk'', so I went over and there were 3 keys, so I picked up a key and said to Kieran ''whats, what here there are 3 keys?'' to then he replied in tone that made me feel like a peice of shit, so anyway Kieran & Laura dissapered and I was left to find out what key was what.. I went back into the office where my Sales manager, New car manager & used care manager where and expressed how cheeky Kieran wasto me there and that was unacceptable to have been spoken to like that from a trainee, then I went on a 35minute treck to look for the car that matched the possible A1 key, I didnt find it so went back up stairs to express my thoughts again to my managers then Marcus (new car manager gave me his car) off I went to Subway at last it had only taken me about an our since we decided on a Subway...then once I parked at subway I went inside to discover that Kieran and Laura were there too, as I walked in I walked up to Kieran and said to him ''dont speak to me like that again Kieran, who do you think you are?? Youre just a wee jumped up trainee, the next time you speak to me like that you'll get a slap'' and while I was speaking to him Laura butted in by saying, '' Just ignore her Kieran she's just a Dick, she has no manaers'' to whicxh infuriated me as this was another remark, one of a long line of many others, as I hadnt been speaking to her, I was standing behind her as she had her back to me as speaking to Kieran, so then I walked to the other side which was now behind Kieran looking at her then I let rip to her by saying ''I was sick of her, and have had it up to here with all her snootyness(posh-ness)and being able to dictate my wages by what customers I got to speak too & what sales calls & leads I got...then said your nothing but, a wee trollop (in defence to the Dick comment, I know was wrong but,I was so angry by now) the way you lye across the salesmens desk when customers are about is discusting (she has just got married by the way, obviously her man doesnt how she conducts her self in the work place). Anyway they left and while she walked out shouted I will be seeing my manager. There were 3 other customers in subway & 2 staff, I apologised to the guy behind the til, he said its fine I totally understand and laughed, I left and headed back to work and got on with my day, just before closing time 7pm Laura & the Head Of Business Iain Storrar headed into the office I knew what it was about...obviously it was about Me...so about 20mns later she came out & went back to her work downstairs, I wasnt called in or spoken to I finished up and clocked out looking forward to my day off which was the next day Thursday, I got a call from my sales manager to say that I wasnt to return to work til Monday due to the Laura incident!! I was baffled, they hadnt spoken to me and I was suspended!! Anyway I went onto my facebook on Fri night to find a private message had been sent to me by this Laura Mitchell, which wasnt 1 of my friends so she isnt allowed to view my page, anyway she had sent a msg that was meant to be for Dani a girl that works in our canteen, basically saying that I was a ''Total Phsyco'' and that I just burst into subway and started shouting at Kieran for him seemingly being cheeky to him earlier..then she just started shoting at me over & over agin that I was a Fucking Trollop..I just stood the Dani I was Mortified. Now that was the msg that she was MEANT to send to Dani, as she wrote back AGAIN that, that message wasnt meant for me. I never replied to it I copied & pasted it to a email address for the Head Of Business & my Sales Manager as I find it really unfair to have suspended me without hearing my side!! I was due in work on Monday for a meeting and was asked to go back home as the email had been received and they were looking nto it further, and I would be called back on but, he did also say that it may be best for ME to look for another job, I asked if I was getting sacked he said he honestly doesnt know but, he is fighting my corner.I called my sales manager last night to find out what was happening and he said he didnt know as he had been really busy at work and Janet Thomson (HR) was just back so he said he would call me at 10.30am tomorrow which is now today. Please can you halp me ASAP as I dont know whatI can do or say, or do I just walk away and make myself jobless for less hassle or ??????

Answer -Thank you for your email.

Question - In the months coming upto going on maternity leave my boss refused to give me any overtime even though I had said I was available but he would always give them to somebody else. I heard he had been saying I wasnt to get any extra as I would then get more maternity pay!! He made lots of sarcarstic comments since telling him I was expecting and has made it very difficult in sorting all the paperwork out. Have I get a case for discrimination against him as Im concerned he will continue to make things awakward when I return.

Answer - If your employer has excluded you from overtime whilst giving it to others, in my view this is very likely to be viewed by an employment tribunal as constituting less favourable treatment because of your pregnancy and thus unlawfully discriminatory. Sarcastic comments may also be so regarded. However, you should enter a grievance first in order to give the employer an opportunity to deal satisfactorily with your complaint. The grievance must be dealt with by someone above the level about which you complain.

Question - We have not to get a pay rise for this year and the next 2 years and now they are talking about freezing our increment rises, are they allowed to do this? It takes 7 years to get to the top of your grade on increments.

Answer - Whether they can do this will be dependant upon:

Question - 20 years as inputter in newspaper. 18 hours per week. Over age of 65. Reapplied each year after age of 65. Meeting with group editor on June 16, 2011 to discuss job. Letter June 30, 2011 giving decision to let me go on Dec 31, 2011. On holiday until July 9, 2011 and letter on mat. If I wanted to appeal I had to do this within 10 days of date of letter. Do I get redundancy? Can I still work on? Job not being replaced as copy inputters are being done away with. I am not in the NUJ or any Union.
Your advice would be appreciated.

Answer - I thank you for your email and my first question would be whether the employer knew you were on holiday - if that were the case they should have given longer for the appeal.  In any event, write to them immediately appealing the decision and explaining why you could not appeal in the time given.

Question - I recently miscarried at 12wks. during my time off work to recover, I discovered through word of mouth that my company's maternity is changing for the worse (for births 15wks after 1st april 12).

I have queried whether the company can change a policy without fair notice (pregnancy is obviously very sensitive in terms of notice). hr say that the change has been public since april 11 - it hasn't, i looked for it when pregnant & other pregnant colleagues were advised the existing policy still stood. there has been no formal announcement to staff & the new policy has only just gone on our internal website this month yet is pre-dated for april 11. This effectively gives staff a 3 month window in order to qualify for the old policy if they wish to fall pregnant.

Can companies pre-date policies? should policy changes be formally announced to staff? You have to be actively looking for it to find it at the moment yet when a change to our pensions policy was made, it was more transparent. it feels underhand for those of us who have invested years in this company.

As this only effects a small portion of the workforce - i.e. women of childbearing age, is this discrimination?

I relocated on the strength of the old policy and know other women who specifically asked to view it on acceptance of a job, did we not have a right to be consulted before the change was made?

Answer - Thank you for your email.

Question - I am pregnant and cannot agree with my boss on a date for my Maternity Leave to commence. I am not intending to return to work after my maternity leave so want to take all of the leave I am entitled to before I finish. My boss however is stating that I have to accrew this leave before I am entitled to take it, which means I would have to tag my annual leave onto the end of my Mat Leave.

Can I insist that I take my entitlements before my Mat Leave as I have serious concerns that the company will not still be running by this time and I am concerned that I will be left short if I agree to take these days after my leave?

Answer - Thank you for your email.

Question - I've decided to reduce my work hours now that I'm approaching retirement age.

I have been given a new contract by my employers - much the same as for a 5-day week, but with 20% reduction of wage, holidays, benefits etc, for working only a 4-day week.

Do I lose any rights or protection in reducing my work week - i.e. am I now part-time and therefore wouldn't have the same status as a full-time worker ?
Thank you

Answer - I confirm that, despite a lower salary and reduced holiday, as a part time worker you should not be treated any differently to that of a full time worker, and you do not lose your statutory protection from unfair dismissal.

Question - I was employed 2 years ago to work 4 days a week initially for a year. The understanding though was that if all went well, I'd be there for longer and after 2 years would work full time. Now someone else in the organisation has taken over my department and 2 years later, says he has to consider whether he wants to make my position full time. Does the initial understanding from those in the interview have any legal weight?

Answer - I thank you for your email and in order to oblige the company to give you full time work you would have to show there was an agreement between you that this was definitely the case, rather than it being a case of it would be considered at the time.

Question - I am sole employee without a trade union. Having worked for 10 yrs full time with no signed contract the company want to reduce my post to half-time to save costs what are my rights?

Answer - I thank you for your email and confirm that your employer has no right to change the terms and conditions of your employment without your consent, unless the contract gives them that right with notice.

Question - I was 68 years old at the beginning of this month and am still continuing in employment working reduced hours (3 days per week). I was given the usual letter asking if I wanted to continue working after I reached 68 at the beginning of this year to which I replied that I would. I received a response from my employer saying that they would keep me on only until the 31 December this year. I would like to continue working longer than this and think that under the new legislation I cannot be forced to retire then, am I correct?

Answer - Thank you for your email.

Question - I have worked part-time (up to 15 hours per week) in my local Newsagents for about 15 years. I am now 71, and still fit and able to do the job well. I am being sacked at the end of August, and replaced by a younger person. My boss says if he doesn't sack me now, he may have trouble getting rid of me later, because Government rules are changing. Is this allowed, and am I entitled to any severance pay if it is?

Asnswer - I confirm that new regulations were brought in which stated that employers could give notice of retirement using a default age before April 2011.  If notice was not given before that time then notice cannot be given now.

Question - I am currently working as a veterinary locum, through an umbrella company. My placments are found through multiple locum agencies. As such my work is sporadic as I am often not offered work every week. I am wondering how this will affect my rights to maternity pay? I am also concerned that once I become pregnant, fewer people would be willing to have me locum there and as such this would affect my ability to meet the criteria for SMP.

Answer - At Which? Legal Service we advise employees on their legal rights but in your case, it is not clear that you are an employee.  If you are a service provider then your rights are very different to that of employees.

Question - My 59 yr old husband has been working as a chef for over 11 months.The Head Chef constantly interferes and critices his staff, the Catering Manager plans a rota that is different every day and this is given to chefs towards the end of the week for the week ahead.

There's no structure,cannot plan ahead.Other staff are too afraid to say anything but just moan. Things can change last minute if a chef is off sick.Contract is 5 days out of 7, 40hrs pw.but have worked 8 days straight without my husband's consent. Last May Bank holiday had to work as not recognised by the establishment! Lieu days are chosen by the Catering Manager. The place is run by Bullies. Advice please.

Answer - Thank you for your email and the first thing you need to check is the contract of employment to see whether it states the contracted hours, and any other such days or hours as may be reasonably required.  If it does not, your husband can refuse to work any additional days or hours.

Question - I was disciplined at the end of March this year for poor performance I received a verbal warning that I appealed and won I was told that I would receive training and a current job description as they brought in new computer system and made a lot of people redundant in Jan this year which put a strain on my workload. I was off work for three and a half weeks with a virus infection I contacted my empolyer on Friday to say I was fit to return to my work yesterday on my return I was sent home and told that I could not start work until I had a medical in which they made an appointment for me in the afternoon the nurse told them that I was fit to resume work on that verdict I was told that I was suspended for poor perfomance I have not received training or job description from last discipline I was told that there was a hit list back at the begining of March and my nane was on that list the person that told us was in a senior postion with the company but is no longer with the company he said he told us as a favour and not to use this information where do I stand?

Answer - I am advising on the basis that you have been employed for more than 1 year - if that is not the case then your rights will be different.

Question - I work in a dental practice, full time 42.5hours per week. When the new holiday system came in of offering 5.6 weeks our employer changed our contract for our holidays to include bank holidays, lowering my entitlement as I used to receive the equivalent of 4weeks. Other staff members who do not work full time, or bank holidays have benefited from this system getting almost 6 weeks holiday! We also do not receive sick pay at our place of work, any time taken off sick also comes out of our holiday entitlement. Unfortunately I had 4 days off sick this year and my remaining paid holiday will not now cover my holiday I have booked for sept!? Is my employer legal in the way they have worked out the holidays?

Answer - I thank you for your email and confirm that under the Working Time Regulations a full time worker is entitled to 28 days (5.6 weeks) holiday a year, which can include Bank Holidays.

Question - I have been in a Product managers job for the last 3.5 years. The top management changed over two years ago and I have had a new manager for the last two months. I am now to be placed on a work Improvement program as my manager feels I lack the skills to carry out my role.

A meeting hasd been set with HR for next week. I have been comended on my work ethic and have recieved half a marketing course as training for my job role. I have also worked excessive hours struggling to do do a job I have had no formal training for? Where do I stand what are my rights where can I go from here. I have been employed with the company for 20 years.

Answer - Your employer is not doing anything unlawful. However, you are entitled to enter a grievance about any action impacting upon you with which you are unhappy. It may be that the employer regards the work improvement programme as providing the formal training that you say that you have never had. You need to attend the meeting scheduled for next week, as refusal to do so will leave you in a weak position and possibly subject to disciplinary action.

Question - I have just submitted a formal claim of bullying. I am waiting on a reply as i'm on holiday. I should get intervied? What advice can you give as its a married couple ganging up on me and we work on a one to one basis. Im worried about returning back to work.

Answer - Thank you for your email.

Question - I was unfairly dismissed by an employer approximately 7 years ago. The Union got involved and said I definately had a case but just before one of my meetings with the company, my union rep got changed and hadn't looked through my case properly - he just dismissed everything as being irrelevant. Being young I just gave up the fight as it was so stressful to continue to argue with them. A personal file was sent to my home address proving the manager had been building a case against me using every petty little bit of information she could and even made things up! I took the file to one of the meetings before having a chance to photocopy it and they took the file off of me, claiming it was their property. Were they within their rights to take the file off of me or should my new union rep have stood up for me and say it was my file and my property? Also, I have just found out they have still got a "Historic File" on me which is stopping me from obtaining a CRB, are they within their rights to still hold a file on me? I do not know what is in this file but have been told I can no longer work for the company I was working for and the CRB application has been "withdrawn". I don't understand why the CRB application has been withdrawn as I had always held an Enhanced CRB up until June of last year, I just hadn't got round to renewing it. So when the company I was working with showed me the letter I couldn't understand what the problem was. I contacted the people who wrote the letter but they wouldn't tell me anything other than that there was a "Historic File" on me. They refuse to speak with me and will only speak with the company who sent off my CRB application. Is this right? I feel like I should be the one who should find out what is in this supposed file first as it is my file, not the company I was working for. What are my rights in this situation and what can be done?

Answer - The question here is whether it is reasonable for an employer to keep personnel files for that period of time.  Records should not be kept for longer than is necessary.

Question - I have a question about the holiday entitlement of an employee. I am currently working full time and have the right to 4 weeks holiday. This I think, being 4*5 days = 20 days holiday. The problem is that I am often asked to work Bank Holidays and if not, I have to work one of my two days off for that week.

The other employees know all this and don't seem to mind (too much). But, is this wrong? Surely I am entitled to the 28 days holiday, regardless?

It is a huge company, with thousands of employees. But maybe it is different for many of them.

Answer - Thank you for your email.

Question - I work with the elderly on day shifts. My shifts are between 0700 and 2300 hours. Night staff work between the hours of 2000 hrs and 0800 hours. We are paid less than night staff who get 50p more an hour for the whole of their shift. My question is that as there are hours that we both work doing the same job should we not get the same rate of pay. The hours concerned are between 0700 - 0800 and from 2000 hrs to 2300 hours. Can you please advise.

Answer - I thank you for your email and confirm that, provided employers pay the minimum wage, there is no obligation on private employers to pay all workers the same rate, even if they are all on the same shift (for NHS/government workers there may be separate charters on this point).

Question - I have worked for a company for 5 years based in the city that I live in. It is moving from a central city location to a village 15 miles outside of the city (about 16 miles from the current location). I do not want to work in the new location. What are my options?

Answer - You will need to check the terms and conditions of your contract to see if there is a mobility clause within it - this would allow an employer to move your place of work but, it would have to be reasonable.

Question - I have recently been feeling unable to get out of bed in the morning and have been giving on-the-day notice to my boss saying that I cannot come in and will take the day as a holiday day. I had accidentally mistaken a day this week in the same circumstance, except I thought I already booked the day off beforehand as a holiday, but it turned out that I had not. Now My boss wants me to attend a disciplinary meeting with him and Head of HR. What are my rights and what are my best options?

Answer - Thank you for your email.

Question - I am being transfered over to a new company where we have been told we may have to work late shifts till 8pm. My current contract doesnt state any specific working hours but I have never worked past 5pm. Would I be protected?

Answer - If you have never worked beyond 5 pm a requirement to work until 8 pm would be a change to your terms and conditions.  Generally, your employer (which will be the new company after the transfer) cannot unilaterally impose a change to your terms and conditions of employment.  Any change to contractual terms and conditions has to be agreed by both parties.

Question - I am 22 years old and I have worked for my current employer for 2 years now. Part of the contract is a career progression plan which includes 6 increments of pay dependant upon performance. In Novemeber last year my manager signed off my career progression plan to go up all six increments. HR queried this jump up all 6 increments as being excessive for the limited time I had worked there and wanted to see my career progression evidence - this was provided. The career progression plan does not state any minimum time scales for progression - only maximum e.g. it should take no longer than 12 months to progress up each increment. In March I submitted a formal greivance because 5 months on HR had still not given an answer. The outcome of which was that I could go up 3 pay increments based on the evidence. I then submitted an appeal based on the fact that another collegue who started at the same time as myself had progressed up all 6 increments after working their for only 6 months. I was told that it was indivual circumstances and that her progression could not be discussed. I do the exact same job as everyone else I work with and they all get paid at the top of their pay scale. We are now 9 months on from my manager originally signing it off (and agreeing that I should go up all 6 increments) and I have only gone up three increments. Would I have a case for discrimination (possibly based on my age)and where do I go from here?

Answer - As you have submitted a grievance, it not upheld you should have been informed of the appeals procedure.

Question - My husband has been off work for approx 6months with stress and depression and is on antidepressants and seeing a counselor. Two weeks ago as part of a phased return he went back to work on reduced hours and restricted duties. His employers seemed very supportive, however when he made some leave requests (5 long weekends over the next 3 months)they were refused the argument being that they were already booked by other staff. (leave year runs Jan to Jan) He was offered payment in lieu of leave and probably can take some at end Oct-Dec, but that has left him facing nearly 3 months without a break and has resulted in him feeling totally trapped and undone any progress that he was gradually making in his recovery.

He has subsequently returned to his doctor and been signed off sick again for two months. I do not think this would have happened if he had been shown a bit more compassion and breaks had been built into the phased return. Pleasecan you give any advice as to how he stands and any actions he could take. Also what would be his position if he left voluntarily, all this time he has only been receiving stat sick pay.

Answer - Your husband should be aware that under the Working Time Directive an employer cannot pay in lieu of unpaid holiday - the purpose of the directive is to ensure that workers get a minimum amount of rest.  Please see

Question - My son works for a very large company as a heating engineer. 6 weeks ago, he injured his back at work, and could not work.He had to wait 6 weeks for a MIR scan, which confirmed he has slipped 2 discs in his back. He has now been told by his doctor, that he must not lift any heavy items.This will be a problem for him, as he has to lift heavy items everyday in his job. I wanted to know what the company options will be about what he must do until his back gets better. They do have a large sales department, and if they ask him to do sales, would he be on the same money? He really wants to get back to work as an engineer, and his sports, but only after his back feels ok, as he does not want to damaged it permanently.

Answer - Due to the type of injury your son may gain some protection under the Equality Act and should not be discriminated against on the grounds of his injury.  More importantly, if the injury amounts to a disability he can ask his employer to make reasonable adjustments to accommodate his injury until he is fit to return to normal duties.

Question - I recently raised a grievance against my employer which was upheld. We are going to be TUPE'd over to another company in September and I fear redundancy is looming. Do I have any rights?

Answer - You have a number of statutory employment rights.

Question - I am self employed and have a company that i have already carried out work for who are refusing to pay because i invoiced them a 10% late payment fee on the previous invoice. What action do i need to take and how can i get my money?

Answer - I thank you for your email and confirm that we advise employees in regards to their employment rights however, being self-employed your rights and obligations are very different and we would not normally advise.

Question - I asked my boss for time off to look after my daughter because my girlfreind was ill,this was on the thursday, i wanted time off the following wed/thurs/fri/.he said he will see,when i got in the lorry on the monday,i could see the job sheet had me away from home all week.i phoned him and explained i needed the time off,he told me to turn around go back to the yard and drop the keys off,and that i was sacked is this right?

Answer - S57A Employment Rights Act 1996 entitles an employee to unpaid time off in order to care for, or make arrangements for care for, a dependant, where the need has arisen unexpectedly and is for a limited period. In order for the right to apply, the amount of time asked for must be reasonable in the applicable circumstances and must be only for this purpose. If the employee is unreasonably refused the time off he or she may complain to an employment tribunal, who can award such compensation as is just and equitable. If the employee is dismissed because of having taken or sought to take time off for this purpose, S99(3)(d) Employment Rights Act provides that the dismissal will be automatically unfair. There is no minimum length of service needed in order to bring a tribunal claim for unfair dismissal in these circumstances.

Question - I am working for the same company for many years. Part of my employment contract is that my salary is index linked. It was honoured every year from April, but it did not happen this year. I approached the Director twice now (informal grievances I would call them) and he does not refuse to pay it, but also does not promise. He said that company is not doing well anymore. What are my legal rights or what can I do next? our company had worst years but index link was always honoured and it was given by previous management to its employers as a loyalty benefit as a bit extra. Observations and company house reports do not give the impression that company does not do well enough. Also, we had bonus structure with old management, but it dissappered with new management for the last three years. What i'm affraid of is that directors not paying index link and me not doing nothing about it, this will be last I see of it even if company performance will improve.

Answer - If your contract of employment guarantees a pay rise every year that is index linked, then failure to award the increase amounts to a breach of contract.

Question - My wife has been on maternity leave since December and her employer has refused to pay her for months on end on her pay date many times over a month late, This has made her go overdrawn and caused her to be charged by her bank for late payment of direct debits to the value of £350 in the 6 month period.

Her employer will not accept resposibility and my wife feels like she has been pushed out of her job and feels like she is not welcome to return. I feel she has a vailid reason to Grievance and Discrimination. My wife has been working for the employer for 3 years. Hope you can help

Answer - Your wife may have grounds for a breach of contract claim but to succeed she would need to establish that incurring bank charges was a reasonably foreseeable loss.  If her employer was not aware that charges were likely to be incurred they are likely to defend the claim on the grounds that they did not know and could not have been expected to know that by paying her late it caused her to be charged for late payments of direct debits.  However, if she wrote to them before one or more of the late payments were made to let them know of the consequences, her claim will have a stronger prospect of success.  Such a claim will need to be submitted in the Small Claims Court.

She will only have grounds for a discrimination claim if she is able to establish that she was treated less favourably than other staff because of one of the protected characteristics contained in the Equality Act 2010 which includes sex, pregnancy and maternity.  If all staff were paid late a discrimination claim is therefore unlikely to succeed.  However, if she was the only one singled out for such treatment she may have grounds for a discrimination claim.  She should submit a grievance in the first instance.  However, the grievance process does not need to be completed before an Employment Tribunal Claim is commenced and you need to be aware that a discrimination claim has to be submitted within 3 months of the act complained of occurring, or it will be out of time.

I hope this is of assistance. The guidance I have given is limited by the information I have and should not be treated as a substitute for taking full legal advice.

Question - I work for a local train company and i am contracted to work 36 hours. I am regularly given shifts which mean I work over this. I cannot refuse to work the compulsory overtime as the company says that local agreements state i must. Is this correct or can I flatly refuse to work the compulsory overtime the company says i must?

Answer - I thank you for your email and would advise that you check your contract of employment to see whether:

Question - I work for a major supermarket on the checkouts.

The supermarket has a policy of no drinks at the checkout unless you have a medical condition. However, some do allow everyone drinks as the policy is discretionary from store to store.

The store is often very hot and you can be sat at the same till for sometimes up to four hours, sometimes longer in busy periods before being allowed a drink.

We are told we must have conversations with EVERY customer which obviously makes us very thirsty.

In exceptional circumstances (and depending on the supervisor in charge) we are allowed to leave the till to get a drink.

However, we are not allowed to go to the canteen where there are dedicated drinks facilities, we have to go into the kitchen of the customer cafe and get (often lukewarm)water from the tap of the washing up sink. This is firstly not drinking water and secondly, surely this is a health and safety breach where checkout staff are entering the kitchen of the customer cafe.

Have I got a point here as it doesn't seem to bother the store manager or the union.

If I have a bottle with me on the checkouts and I get pulled up about it, have I got a case to throw back at them?

Answer - Under the Workplace (Health, Safety and Welfare) Regulations 1992 employers should ensure that there is an adequate supply of wholesome drinking water readily accessible in suitable places and provide suitable cups or drinking vessels.

Question -I have worked full time in a factory from 1979 to 2010, and have worked some unsociable hours. In 2010 I had a knee operation, and in November 2010 volunteered for a job sharing scheme, 20 hours a week. This is half of everything, which I accpeted. The problem is, my company want me to sign a new contract, but this contract states that I will only get HALF of any redundancy pay, from 1979, and I disagree, saying I should be given the full rate from 1979 to 2010, and am stalling on signing the new contract. If I refuse to sign, can they put me back on full time, and is this legal.

Answer -Thank you for your email.

Question - We have redundancies coming up at work, i've asked my manager if he can tell me what position i am in on the list (1 going first - 100 going last). He said "he could, but he won't", as he has not got the time.

Do i have a legal right to this information? Or can he just fob me off as he has?

Answer - The old LIFO (last in, first out) method of selection for redundancy is no longer permissible as a sole criterion for selection for redundancy as it unlawfully discriminates against younger employees. However, it is permissible to use length of service as part of a wider selection matrix. If you are eventually selected for redundancy you have a right in law to be told why you have been selected.

Question - My partner is due our baby in a few months time. As a father to be, what rights do I have to paid time off work?

Answer - I thank you for your email and confirm that you could have the right to ordinary paternity leave and paternity pay if you have been employed by your employer for at least 26 weeks.

Question - I have been unfairly dismissed. I took my employer to tribunal , however they have settled out of court. This settlement was agreed in April 2011 and I am still waiting for the settlement monies. The company are currently in Administration and I forwarded my ET1 settlement to the Administrators along with a High Court Writ and Warrent that was issued for enforcement officers to enter the premises . When the enforcement officers tried to seize goods or monies from the company they stated that the company had a mortage and therefore nothing could be seized. I have contacted the administrators who have informed me that there is not going to be any money to pay my claim. They have stated that I am not high on the creditors list. I cannot understand this as I have an ET1 agreement from ACAS, and both a high court warrant and writ. I had worked for my previous employer for 20 years and feel that after the way that I have been treated I am entitled to this settlement. I am in severe financial difficulty as a direct result of my previous employers actions. Would you please advise me of my best course of action against my former employer.

Answer - I am sorry to hear of the problems that you are experiencing in obtain money for your Judgement however enforcement proceedings are not within our scope of expertise so we cannot assist you on t

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Question - I am in the process of transition from male to female, living fully as a woman and having changed all my documents, financial matters, medical records, etc. However, I do not have a Gender Identity Certificate, which takes a long time to obtain.

I am in my mid-fifties and was made redundant from a senior management career 3 years ago (not related to my transition). I am now looking for modest employment in an office environment, in recognition of my age and needing neither the income nor challenge (i.e. time commitment) of a more demanding 'career-structure' role.

Most employers or recruitment agencies now require vast amounts of personal and background information including, understandably, previous work experience (when, in my case, I was employed as a man and under a different name). Do you have any suggestions as to how not to 'give the game away'?

I do not seek to deceive anyone but wish simply to be considered on my merits as the person I am and on the skills and personal input I can deliver - the fact that I have changed gender and name should not influence a potential employer but will inevitably (it's human nature) cause a recruiter to mark my application as 'complicated' or something similar. I want to get past the initial application (and rejection) stage so that I can put my case face-to-face.

Thank you for any advice you may be able to give.

Answer - When applying for any new roles you will have the protection afforded by the Equality Act which states that you will be protected against discrimination.

Question - Is there any legislation on phased return after a period of work related stress? Is the employer only obliged to pay for the phased return hours or full pay as per contract of employment?

Answer- There is no specific legislation on phased return to work after a period of work related stress or other absence due to ill health.  In the absence of anything in your contract of employment to the contrary, you would only be entitled to be paid for the hours your GP has said you are fit to work - any hours during which you do not work are usually treated as sickness absence, so your entitlement to be paid for them will depend on what, if any, entitlement you have to contractual sick pay.

Question - I have been temporarily transferred to another part of our Housing Group doing the same job but in a different part of the Group and this is due to be reviewed shortly with a possible view to TUPE. I want to know my rights surroundings TUPE and if there are any alternatives my employer could propose. Many thanks.

Answer - In most cases, where there is a transfer of ownership of one company to another, employees are protected under the Transfer of Undertakings (Protection of Employment) Act, known as TUPE.

Question - Through the disciplinary process I have had a final written warning for posting comments on a newspaper website which, amongst other things, 'brings the organisation into disrepute'. The only evidence against me was the fact that I was on the website at the same time the posts were made and the balance of probabilities argument was used. During the Appeal process I presented evidence obtained directly from the newspaper's editors which pointed to the 'blogger' being an ex-employee - who the organisation had sacked several months ago. The Appeal Hearing effectively dismissed this evidence and the final written warning still stands. Using the organisation's own internal processes, there is no further recourse available. What options do I have? What is the best and worst case scenario?

Answer - As you have exhausted the internal appeals procedure you may, if you feel that you have been treated unfairly and can show loss of trust and confidence in the employer, have a claim for constructive dismissal.  Such claims can be hard to bring and I would urge that you seek in-depth legal advice before taking any such action.

Question - My wife is 55 and is currently working in the private sector. Having previously worked for the NHS for 22 years she is hoping to take her NHS pension at 60. Will that still be possible if the government plans to move public sector pensions to 66?

Question - I currently work weekends at a supermarket and this has involved different shift patterns (some weeks early, some lates).

Just after Christmas I notified the person making the rotas that due to a change in my circumstances I would need regular early shifts, therefore giving plenty of notice before this was to come into effect. I was told this would be fine.

However, a few months ago I was mistakenly scheduled to do a late shift. I told several supervisors and left notices in writing on the previous Sunday saying I would need to swap this. However, after hearing nothing throughout the week, I turned up to do an early shift despite the late not being covered by anyone.

After being authorised to work the early shift by my personnel manager, I started work.

However, when my department manager got in, I was pulled into the meeting room where she told me I had no right to do what I had done and told me I had really 'screwed them'.

I told them that it was not my intention to do this and that due to my change in circumstances I needed the early shifts.

She then told me that she would not have allowed this if she had known about it 'especially as you only work weekends'.

She said that I needed to put this in writing so that the general manager could authorise this but quipped 'I can tell you now he won't authorise it'.

Can they say this or am I entitled to have early shifts as I gave them plenty of notice of my change in circumstances, which was initially okayed by the person responsible for the rota, as well as the personnel manager.

I know you cannot be dismissed because of your availability but I now feel that as my availability is restricted, they may seek any opportunity to replace me with someone who is more flexible.

Your comments on the matter are appreciated.

Answer - You have no entitlement in law to have early shifts just because you gave your employer plenty of notice. Your entitlement arises because a manager that had authority to do so authorized this, and by so doing effected an agreed change to the terms and conditions of your employment.

Question - What is the maximum amount of time I am allowed to work before being entitled to a break? Is 4 hours+ breaking the law?

Currently working as a checkout assistant if that makes any difference.

Answer  - The Working Time Regulations 1998 provide that if you work at least 6 hours, you are entitled to a break of at least 20 minutes. The Regulations do not specify when during that period the break must given, other than to say that it should not be right at the beginning or right at the end. The employer is not required to pay for the break if it chooses not to.

Question - I have been working for a plastering firm as a sub-contractor as they didn't want to employ me.

This work was also to allow me to complete my NVQ work at college.

Things however didn't work out as there were issues with the way the business was run, etc (none of which affects my main problem).

I parted company with the firm with a months wages outstanding. When I later asked for the wages I received by text the message 'we will pay your wages if YOU PAY US for the time we wasted going to your college to find out about the NVQ - this I did not ask them to do though.

The rather spiteful text then continued 'we think you have a bit of a cheek asking for wages... welcome to the real world!'

I am asking you what are my rights? What can I do next and who else could I seek advice from?

As I said, I am still owed a month's wages, but I am a bit worried about what may happen if I pursue this matter further - he's the type of person who doesn't like to lose.
I may be better just writing the wages off...???

Answer - I am presuming that you mean he is asking for you to pay for his time in dealing with the college and confirm that he has no legal basis for doing so (unless this had been agreed at the outset).

Question - I have recently returned to work after 7 months maternity leaver - i wanted to reduce my hours from full time to 4 days a week but was told that the job was a full time job and couldn't be done part time - therefore they said that i had to go back full time or look elsewhere in the company for a part time position of which there aren't any part time positions available. My question is do they have to honour my wish to work part time?

Answer - Thank you for your email.

Provided that your employer follows the procedure correctly, it is not obliged to agree to your request.

Question - I currently work for the nhs, and as part of my job role and contract, I am required to do "on calls". This means I must be on the hospital site within 30 minutes, when called for my services. As I live a long distance from the hospital, I am unable to respond within that call out time period, so as a result of this, I remain on the hospital site overnight (from 9pm until 8am, the following morning) based in an on call room on the hospital site. I am paid a fee for providing this "on call service". This fee is payable for every night I provide this service. I am also paid a hourly rate, if I am called upon for my services for the duration required, e.g I get a one off payment for that evening for the service and if I work 2 hrs I also get in addition paid for the 2 hrs work. However, after doing some research, I have discovered 2 case studies in Europe (France & Spain)where the outcomes of these cases have stated that if a employee remains on site for providing such services, these hours(i.e 9pm-8am) should be calculated into their weekly hours, regardless of them being a sleeping duty. Please note that prior to this service provision of "on call", I would of normally worked a 8hr shift. To help you with my query, I am employed as an operating department practitioner employed to work in the operating theatre department. Please can you tell me if the 2 legal cases in Spain, both applied to doctors, would also apply to me, and if they do, how should I approach the organisation with this issue? I am not a member of any union. I am also concerned that the hospital in question may reply that they have no responsibility to provide accommodation for on call services for employees who live too far away to respond in the 30 minutes time window, however, I only defence I have, is at the time of interviewing I was told I would be required to "sleep in" in order to respond to the calls, however this may also be denied when presenting this case. Please can you help me?

Answer - This is a complex area and the answer would come from whether you are at the employer's disposal for the whole period and are permitted to leave.  As you do not have to stay at the hospital, but can chose to stay elsewhere, then it is likely that the working time will only be those periods that you are actually responding to a call.

Question - My wife is on maternity leave until 05/10/2011 but she thinks not to going back at all. Could she give a notice she wants to quit by end of august? Will she get paid her acrued holiday?

Answer - Thank you for your query.

Question - Hi there, I am a long term sufferer of chronic migraines and as such my sickness record is less than flattering, with an average of 2days per month. Other than that, my health has been good. I have already reached sickness triggers at work but do as much as I can to prevent sick days. I am concerned that in the current climate of cost savings and job reductions that this can be used against me and my job security. It is only more recently I was advised that this is classed as a disability due to the severe affect it has on both my home and work life and as such amended my online personnel details to reflect this. It appears that I have now developed Labyrinthitis, which has caused a couple of additional sick days (waiting to see a consultant), but again this is potentially an ongoing problem I would like to know my rights with regards to my sickness levels.

Answer - Nothing is laid down in law with regard to any maximum or minimum sickness levels that an employer is required to tolerate or beyond which an employer is entitled to take action against you. If your level of sickness ventually reaches the point of causing undue problems for the employer, the employer may be entitled to dismiss on grounds of lack of capability to perform your part of the employment contract. However, if your condition has a substantial long-term adverse effect on your ability to carry out everyday activities, this would bring your condition within the ambit of the Equality Act 2010. If that is the case, the employer is required to make reasonable adjustments to enable you to continue to do your job. Arguably, this could include toleration of a sickness level of 2 days per month. If you were not being paid for your sick days, this would make it a stronger argument for toleration of this being a reasonable adjustment, as there would be no cost to the employer (they would actually be saving money!)

Question - I was recently offered a job following a series of interviews, and gave my current employer as a referee. My current employer gave me a bad reference which is not reflective of me and my work ethics at all. This reference caused my new prospective employers to withdraw their job offer and my current company refused to accept my notice retraction. Do I stand anywhere legally with this? I have many work colleagues that would be willing to write statements that disagree with the inaccurate reference.

Answer - I thank you for your email and confirm that once notice of termination if given by the employee, it would be solely up to the employer if they wished to waive that - you cannot simply retract a resignation.

Question - I have colon cancer and know that I cannot be dismissed for that under disability laws, but do I have any rights apart from my normal sick pay (5 days per year) for being paid when having, say, chemotherapy or other treatments?

Answer - Thank you for your query

Question - My place of work is currently undergoing a restructure and my job is at risk. My colleagues and I are going to have to interview as part of a competitive assimilation process. Separately, my employer is also trying to end my flexible working rights (which I applied for so I could provide childcare for my daughter, and have been working under for over a year) and make me come back to work full time.

In a recent meeting with my boss, I was told that I would have to come back to work full time and that I would shortly be receiving a letter to that effect. However, I was also told in the same meeting that, although the application period for Voluntary Redundancy had ended, the window for me to apply would be extended and that, if I did apply for VR, I would be allowed to continue working flexibly until the end of my notice period.
A few days after that meeting, my boss told me that he would need an answer that day on whether I was willing to take VR. I didn't apply for VR and, the following week, I received a letter telling me that my flexible working was being withdrawn and that I would have to come back to work full time.

I have two questions - one; is it possible for an employer to withdraw an employee's flexible working rights without the employee's consent, if the flexible working arrangement included a reduction in working hours and a corresponding reduction in pay?

My second question is whether it is reasonable and lawful for an employer to extend a specific employee's window for voluntary redundancy during a restructure, and to tell them that, although the employer intends to remove their flexible working arrangement, they will be allowed to continue to work flexibly during their notice period if they agree to take VR?

Answer - The agreed arrangements for flexible working have served to change the employment contract. Therefore, any proposal by the employer to change the contract again (in your case, by requiring you to work full-time again) is subject to your agreement. If you do not agree and your employer imposes the change, it will be a breach of contract. If you have to leave because you cannot undertake the full-time work, you will have a very good argument for having been constructively dismissed. However, the longer you wait after imposition before leaving, the greater the likelihood of an employment tribunal ruling that you accepted the change; this would be fatal to a constructive dismissal claim.

Question - My husband has worked for the same large construction firm for more than 20 years. In addition to a wave of redundancies, they now intend to reduce the rates of pay.Is this legal?

Answer - I thank you for your email and confirm that generally an employer has no right to change the terms and conditions of your employment without your consent.

Question - I have receently been offer a job on 1 3 month trial basis. During the interview process they did not ask if I had any up and coming holidays. I have a 3 weeks holiday booked which would take effect after the first month. Where do I stand if they with draw the job offer? Can they do this seeing as I prebooked the holiday before the interview?

Answer - You are not obliged to offer holiday information to a prospective employee - if they want to know they should ask the question.

Question - Having had a year off work with depression in 2009, I wonder what I have to tell future employers (and at what stage of the process - ie prior to being made a job offer?)

Ideally I would like to go into teaching and am afraid that this I will be overlooked as a result of disclosing my past illness.

Answer - I thank you for your query and confirm that there is no obligation on you to give information to a prospective employer regarding your health unless they specifically ask.

Question - I was being bullied at work by a senior member of staff after 3years i couldnt handle it anymore so i reported him to the HR manager. Once i had a meeting with the HR manager i was signed of work by a doctor with nervous exhaustion for 10 days. During my second meeting they asked how i would feel wokring back in the kitchen i told them i dont think i could handle it they asked how i would feel about working in a different department i said i would be grateful if they could offer me a job which they said they would do. While they were carrying out the investigation they suspended the senior member of staff and me with full pay. After the investigation the senior member of staff was dismissed, i had another meeting to discuss the outcome where they said they would look into finding me a job in the company. The next day i got a letter which said they dont have anything to offer me apart from a waiting job which is a pay cut and not garenteed many hours. They said if i decide not to take the job then they can no longer employ me. What do i do?

Answer - If you are not prepared to accept the job they have offered and there is genuinely no other job available for you in the company, your employer will have grounds to dismiss you fairly.

Question - I started working for the company i am at now as a student, after being there for 4 months i started to work as bank staff as and when they needed me (this was jan 2010). After a few months working as bank staff i was offered a contract for 16hours per week, i was giving this offer in writing in aug 2010. Since accepting this offer i have never received a contract or any terms and conditions of my employment. I have never worked 16 hrs in a week since being given this offer and on average over the past 47weeks i have worked 29.5 hours pw, i am going on holiday in 3weeks time and when i asked my employer about holiday pay they said i will only get paid 16hrs for every week that i am off (3.2hrs per day) is this right? or should i be entitled to more holiday pay?

Answer - An employer is not obliged to provide you with a contract of employment but must, within 2 months of your starting, provide a statement of terms.

Question - My redundancy payment includes contractual overtime and sales bonuses, however the 12month period which they have chosen to calculate our payments on is majoritarily when i was on maternity leave. The company will not review this and our exit policy mentions nothing about maternity and calculating overtime and bonuses. Is there anything I could do?

Answer - The answer to your question could be dependant upon whether the contractual overtime meant you were obliged to work the overtime and whether the bonus is based on your sole performance or that of a team, and paid to you or the team.

Question - i am on sick leave until 24th july, but i wish to hand my 1 week notice in now, will i lose my csp? or do i have to get a fit not go back to work and hand my sick note in then in order to not lose my csp?

Answer - Thank you for your query.

I hope this is of assistance; the guidance I have given is limited by the information I have and should not be treated as a substitute for taking full legal advice.

Question - I took 5 days holiday to attend a pre-adoption course which my Boss is offering me back - can he do this and will the 3 male employees have a right to take issue with it?

Answer - I confirm that your employer can agree for you to take paid leave at it's discretion and if this is a one off, they are not doing anything wrong.

Question - My role has recently been TUPE'd across to a Service Provider, along with a number of UK colleagues.

I am being offered a new position with the new service provider, but to my mind its a step backwards with less responsibilities.

Assuming my contract does not change, are changes to actual work allowed under TUPE or do I have a case to push for redundancy because the job role is not the same as before?

Answer - Thank you for your email.

Question - If payment in lieu of notice not written into my employment contract can a company instantly dismiss me through redundancy without consultation?

Answer - Regardless of your contract a company should never dismiss an employee without any notice on the grounds of redundancy - see my response to your earlier question.

Question -I've been made redundant suddenly after 10yrs service for small company (23employees). No consultation. Is this unfair or can company do this?

Answer - A company can make employees redundant if their work diminishes or for some other economic reason

Question - I am completing some professional training external to my company and my employer is footing the bill. I have a clause which states I must pay back 100% if I leave within 6 months of completion. What I need to know is if I go on maternity leave could this be extended or would this count as leaving? I have worked out I would be on maternity leave for the 6 months after the course. What could happen with this if I don't return to employment?

Answer - I thank you for your email and confirm that whilst on maternity leave you are still deemed as employed and the terms and conditions of your contract (apart from remuneration) remain in place.

Question - What happens if I am made redundant while pregnant? Do I lose all my benefits even though I can't start employment elsewhere if after the cut-off for the benefits?

Answer - I thank you for your email and am sorry to advise that the issue of welfare benefits is beyond our expertise.

Question - I was declared unfit for work due to work related stress, acute anxiety and depression on 4th May 2011. I am currently signed off work until 1st August 2011. I have raised a grievance with my employers regarding the cause of my illness which is due to the conduct of two company directors. I have been through the full company greivance procedure, including appeal but the outcome has been not to uphold my grievance althouth the company has acknowledged failure in a number of areas by the two directors, Marketing and Human Resources. A compromise offer has been made and discussed but nothing has been agreed or signed. Today i recieved a copy of the Without Prejudice letter to sign and have witnessed by a solicitor. It states that my employment has been terminated effective from 20th July 2011. Given that i am still signed off work until 1st August 2011, i have an exemplary work and sick record with the company, for which i have worked in total for over 40 years, is their action in terminating my employment allowed?

Answer - Thank you for your email.

Question - Hello, i work variable hours at a Centra branded convenience store in Fermanagh, Northern Ireland. This averages over the year at 13 hours per week. I receive holidays and i am grateful for them but am i entitled to paid holidays?

Answer - I thank you for your email and confirm that under the Working Time Regulations all full time workers are entitled to 5.6 weeks of paid annual leave.

Question - Having worked part time (ave. 80 hrs/month)for a small family business for close on two years, should I have a contract, and am I entitled to pro rata paid holiday and sick leave?

Answer - I thank you for your email and confirm that an employer is obliged a written statement of particulars of employment within two months of the employee starting the employment.

Question - I have a contract that clearly states that it runs until 31 March 2012 in the 2nd clause of the contract. Further down the contract there is another clause stating 'A 8 week notice period should be given if the employer/employee wishes to terminate the contract before the end date of 31 OCTOBER 2011' My employer has now said that 'October 2011' should be 'March 2012' and wants me to sign a new contract which I haven't done. If I don't sign and my contract is terminated on the 31 March 2012, do they have to give me a 8-week notice period?

Answer - In reality, it would be for an employment tribunal to decide whether the date was just a mistake or whether the employer should be bound by it.

Question - I started work with a company and signed up to a contract with a 3-month probation period on a slightly lower salary. After 3 months - probation was over and my salary was meant to rise. I've had no formal meeting to say probation ended formally several months ago - it's not been mentioned and my salary's not gone up - should it have? I assume that by default if I'm employed after 3 months I can assume I've passed probation?

Answer - I thank you for your email and would advise that you have a very strong argument to say that you have successfully passed your probationary period and, if your contract of employment entitles you to a pay increase upon successful completion then you should bring this to the attention of your line manager.

Question - I currently work 22 hours per week from Monday - Friday and my contract states that i am required to work on a saturday between the hours of 9.30am - 12.15 on an occassional basis. It works out that i usually only work approx 1 in 10 weeks however my employers have now decided they will give us time off for the hours we work on a saturday but we now have to start at 9am. Up to this point we have always worked on our required saturdays and were told that our pay for doing saturdays was included in our current salary. why all of a sudden would they now give us time of for time worked on a saturday and can they just decide that the hours we will work have changed - seems strange that all of a sudden they are giving us time of for something we have always done and can they just change our contracts. this has been confirmed to ourselves verbally but nothing in writing yet.

Answer - If your employer has now decided to award additional pay for the change of contract terms (earlier start date) then this is at their discretion.

Question - I work in a residential club in London and part of my remuneration is free accomodation and garage a garage space. My employees want me to move out as the can get upto £37,000 in rental for my accomodation and parking.

They have offered to raise my salary by £10,000, of which 40% will go to the taxman and the rest just cover commuting costs. Is this fair?

Answer - I thank you for your email and confirm that if you receive benefits in kind (i.e. perks over and above your wages) then some of these, including accommodation, are taxable - please see the following link for general guidance

Question - what do i do if the company want us to wear a uniform have worked here 15 years never had to before there are 8 of us and some are now caving in and wearing the tops do i have to conform or can i continue to wear own clothes they are only supplying 2 tops and i have a clean top every day i find this unacceptable to expect me to wear a top for more than 1 day i dont do washing or ironing everyday and with the cost of electricity going up who will pay for this extra expence.

Answer - Thanks for your email.

Question - I would like to work the 10 Keeping in Touch days whilst on maternity leave as I am in sales and do not want to lose clients while away from the business. My company says it does not offer this at the moment. How do I stand legally please?

Answer - The legal basis for keeping in touch days is to ensure that, if you work one of up to 10 kit days, your smp will not be affected.

Question - I understand that in October some new rules will come into effect, giving temporary workers such as myself more rights. Can you tell me what is happening?

Answer - The new Agency Directive comes into effect in October which basically states that temporary works should be treated equally in relation to working and employment conditions to full time/part time employees.

Question - Last tax year it emerged that I still had some holiday I was entitled to which had not been taken.

I asked if it could be taken before the new year started but was told it was too late as there were no holiday hours left at the supermarket.

I then asked if I could be paid for the hoilday as it was owed to me, despite me not taking it. I was told this was not possible.

I am asking, should I have been able to take the remaining entitlement or could they have just paid me for the outstanding holiday entitlement but not have the time off?

The company says 'Use it or lose it'. Can they do this?

Answer - You have no automatic right to carry over leave that you have not taken, so your employer can refuse to pay you for any balance remaining at the end of the leave year.

Question - Have recently had knee op to ease ongoing arthritis. Rarely take any time off work. What are legal requirements re sick pay?

Answer - Thank you for your email.

Question - My brothers company pay him weekly but never seem to give him a pay slip. He finally received a P60; but the figures do not tally. He is worried that the company may dismiss him if he goes to the Inland Revenue to investigate, how can this be avoided?

Answers - Your brother is entitled to receive pay slips pursuant to the Employment Rights Act 1996 which, under Section 8 of the Act, should set out the gross salary, deduction, net wages.  If an employer refuses to give such statements then your brother could seek a declaration from the Employment Tribunal.

Question - I asked for my hours of work to change to work around my partner as they have a new job, as my area manager dismissed my partner recently. Although i will meet my contractual obligation in regards to my hours and work all key shifts, so i will actually be better value for money! (contract says needs of the business) they have said no, they will put me down to work shifts they know i can't do and i am also the carer of a disabled child and have certain responsibilities in regard to that also. Can they put me down to do shifts they know i can't do?

Answer - Thank you for your query.

Question - Please can you help me with my question relating to my job.

I am a 41 year old mother of one, I have no husband or family as he left me to fend for myself. I was lucky enough through a friend to find a job and I have been working for a large amusement arcade company for around three years. I have a small child who I have to take to school in the morning, they were always flexible and understanding as I often could not arrive at work until 9.15am - this was never a problem as I would make the time up in other ways.

Further to this I was paid an hourly rate of £7.80, this had risen over the years due to the hard work and commitment I had given to the company.

Unfortunately last year the company I work for went into administration.

In February this year the company was sold and taken over by a large PLC, I was taken on by them and continue to work under TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006.

I am foreign (European National), and would very much appreciate your advice, my questions are:

1. Due to taking my little girl to school, can I continue with my flexible hours as they are suggesting they are unhappy with the previous arrangement?

2. Can they change my hourly rate, they want to pay me less - as they say I earn more 'than I should for my position'.

Answer - Thank you for your email.

Not only are your terms and conditions protected by TUPE, but also cannot be changed unilaterally (i.e. without your agreement) by your employer.  If you are not prepared to agree to these changes you should in the first instance make your employer aware of that and see what they do.  If they make further attempts to change them, there is useful guidance on this area contained in the direct.gov website which you can access via the following link:

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/index.htm

Question - I have been working for a company for the past 4 years at two different offices. 2 years ago I developed a condition which prevented me from driving, and I started working from the office closer to my home address (office 2). I'm currently working there full time.

Does my employer have the right to ask me to return to work at office 1 despite medical advice to minimise the amount of driving I do? My contract states that I work at office 1 but contains a mobility clause, and in practice I have spent the vast majority of my time working at office 2, including working there full time for the last 2 years. Does this change my contract in practice, or would I need to ask for an amendment to my contract to reflect that I now work at office 2?

Answer - Thank you for your email.

Question - I have recently returned to work after 7 months off for cancer treatment.1 week before I returned I had an email reducing my hours from 38 to 30 and reducing my hourly pay. I have just received an amendment to my contract to sign saying that as I have declined to work Wednesdays my hours have been reduced (I have never worked on Wednesdays before!),My new reduced hourly rate and also that it is a fixed contract from 2nd August 2009 for 5 years!!!!! The doctor changed his contract with the PCT in 2009, but my contract has never been fixed term, I am sure he thinks this will stop him having to pay redundancy. I am not at all happy to sign the amendment and would be grateful for any advice

Answer - Thank you for your email.  I am sorry to hear about the difficulties you are having at work - the email and other correspondence that you received must have come as a big shock.

Question - I am on sick leave and in the middle there is a holiday from work which I am obliged to take as part of my annual leave: do I get full (holiday)pay during that holiday, or only sick pay? Do I need a sick note to cover that holiday period?

Answer - Thank you for your email.

Question - I have been employed by a large international firm for 40+ years, and have been on long term sick leave for the past few years. During my sick period I have been paid a proportion of my salary each month under the firms Permanent health insurance Plan (incl. in the Conditions of Employment).

I will be 65 years old next year and had been hoping to return to work prior to this although this seems unlikely before I am 65, but I would like to return at some stage.
My Conditions of Employment state that normal retirement age means 65 years, and that benefits under the permanent health insurance plan continue until the employee returns to work, reaches normal retirement age or dies.

I have not received any communication from my employer regarding retirement whatsoever to date.

I purchase shares in the firm out of my monthly salary/benefits and it is a condition that I have to sell them back when I cease to be employed by the firm.( I would not like to sell the shares at present since they are at a low price due to the current financial crises).

My questions are:

1) Can my firm make me retire at 65 years age, and if not what is my position regarding continuing employment with them. ie do they continue my employment, terminate my employment,and if so what notice period/procedures do they need to follow? .

2) After I reach 65 years would my permanent health benefits continue to be paid?

Answer - Thank you for your email.  I am sorry to hear of your health problems and I hope that you make a good recovery soon.

Question - My written contract is for 12 hours, working up to 16 hours. We are meant to be flexible to work Monday to Sunday, unless you are religious and dont work Sundays. Now I know that that is indirect discrimination and anyone that does not have a specific Sunday work contract can opt out of Sunday work, but my problem is with the flexibility.

Am I legally entitled to be flexible over and above the 12-16 hours or do I just have to be able to fulfill the contracted hours? Thanks for your help

Answer - Thank you for you query

Question - I have worked for a landscaping company for 7 years and my Employer changed my contract terms last November, the main change was a clause that we are required to be at the customers site for a start time of 8.00am, this is being enforced by disciplinary procedures. Our paid hours are 8.00am to 4.30pm and we are not told the site we will be working at until the morning. We arrive at the Company base / yard to load the vans and tools at 7.30am, the first customers site could be 15mins to 75mins away. I suspect the Company will try to make us sign new contracts with the clause of staying at the customers site until 4.30pm before traveling back to the yard and unloading vans, equipment and waste, this could mean working an extra 10 hours a week unpaid. What rights do I have to refuse to sign a new contract if it is just to force me to work extra hours unpaid?

Answer - Neither party to the employment contract is permitted to change a term of the contract without the agreement of the other. However, since you have been working the changed term since last November, a court or tribunal as likely to regard you as having accepted the variation. If a further variation is proposed, it will be of no validity unless you agree to it. If you are dismised for refusal to agree the change, a tribunal (if an unfair dismissal claim is brought) may well find the dismissal to be unfair and award the appropriate compensation.

Question -I am a police staff worker and I am contracted to work an agreed number of weekend hours. For this I receive a weekend allowance (enhanced pay) in respect of all weekend hours worked.
It has been suggested that this allowance is to be scrapped and the number of hours I work at weekends will be increased...
What are my rights in either a) refusing to work weekends? without enhanced pay, or
b) being forced to work extra weekend hours without regard to my work/life balance?

Answer - The law does not permit an employer to unilaterally vary the terms of a contract of employment without the employee's agreement - without such agreement any variation will be of no validity and the employee will be able to sue for any shortfall in remuneration due under the unaltered contract. However, if the contract or staff handbook states the terms of a collective agreement agreed with the relevant trade union will apply to the contract, and the union agrees to this proposed change, you would be bound by it regardless of whether or not you are a trade union member. What the trade union and employer cannot agree for you to do is to vary your contract to require you to work more hours than your contract provides for, but an agreement by them for employees to change to different times whilst working the contractual total hours would be likely to be viewed by a court or tribunal (if a claim were brought before them) as being capable of being effective to vary the contract.

Question - My employer has told me, and a workforce of about 500, we will have to sit a 4 hour phsycometric assessment in the near future, to determine what jobs we are all put into! The assessment will be divided up into verbal reasoning, numeric reasoning, personality questionnaire, and 6 work related hypothetical scenarios! This assessment is under proper 'test conditions', with 2 very short 10 minute toilet breaks. I am not aware that my employment contract detailed that I would be expected to sit further tests/assessments, and in the 20 years I have worked there I have never been told to do anything like this before. Can you advise what the situation is with being ecpected to do this? Is it legal?

Answer - I thank you for your email and the question would be whether it is reasonable for the employer to undertake this testing, and what the employer would do if you refused.

Question - I am currently off on sick with very high blood pressure and stress and my employer has written to me to say they want to consult with me as my job no longer exists as part of a restructure and I am facing redundancy. My doctor has told me that I am not fit to meet with my employer but the clock is ticking which is not helping my health. Can my employer just say that the consultation period will end in three weeks (I am signed off for the next month at least) and dismiss me on redundancy grounds? How is this meaningfull consultation when I am not well enough to input into any consultation? Dont they have to take the advice of my GP into account? If they dismiss me can I claim unfair dismissal?Also if they do dismiss me and pay me in lieu of notice is this tax free?

Answer - Thank you for your email.  I am sorry to hear about the problems you are having with your health and the worries about your job.

Question - I have worked for my present company for over 30 years and our redundancy policy has always been 1 week for every year of service. However, the company was taken over 2.5 years ago and as we have no written documentation on our redundancy proceedure they have reverted our entitlement to statutory amounts. Is there any way of fighting this?

Answer - If you can show that this was the policy and it was contractual you can bring a claim in an employment tribunal following cessation of employment for the difference between the two levels of redundancy pay. If you have nothing in writing, it will be harder to show the policy to exist, especially if there were never any actual redundancies under the old company. As you say that you have no written documentation an adviser would need to know on what you base your assertion that this was the policy.

Question - My employer is looking to ask me to change my contract to provide a 24x7 out of hours cover on a rota basis. A couple of questions I have is:

Firstly, do I have to accept this change of contract? If I choose not to accept it what are my rights regarding my employment options?

If I were to accept this change and then be called out during unsocial hours, what would the minimum amount of time my employer would need to allow me as a rest period before attending my workplace again?

Are there any set recommendations as to what the minimum amount of payment should be for any disturbance or callout and does this depend on the time of the callout?

Sorry for all the questions!! I look forward to hearing from you.

Answer - I thank you for your email and confirm that generally an employer has no right to change the terms and conditions of your employment without your consent.

Question - I have a part time job with a local authority and I am due to
take voluntary redundancy.My employer has imposed a modification order preventing me from obtaining employment with another local authority for one month from the date of my redundancy.On my non working days I have occasionally done casual work with another local authority under a Zero Hours contact. If I did this casual work a month before my redundancy date would it effect my redundancy payment.I tend to believe it should not as under the Human Rights Act they would be depriving me of my rights to work. If I continued this casual work straight after my redundancy woould this effect my redundancy payment. There is no prospect of the casual work becoming a permanent job.

Answer - Thank you for your query.

Question - I have asked my employer for 4 weeks parental leave immediately following my return to work from additional maternity leave due and they have refused to honour, postponing this for a further 5 months. I am not returning to the same job as they have changed my role, and will not need to use the time off 5 months down the line as it was requested to deal with a particularly awkward childcare situation that I am dealing with now. Do I have any rights to contest the dates they have given me?

Answer - You are entitled to ask your employer for unpaid parental leave in order to care for for children under 5. The maximum of such leave is 13 weeks leave per child, with a maximum of 4 weeks per child per year. For the employer to have a duty to consider such a request, the employee must give 21 days notice, setting out the dates of commencement and end of the period asked for. However, the employer can postpone a request for parental leave if the operation of the business would be unduly disrupted. Only if (which does not appear to apply in your case) the leave is to be taken immediately after the birth of a child, does the employer have no right to postpone the request.

Question - I work for a company who are in monetary trouble. They have been honsets about this and are trying to sell off of part of the business. If they sell off part of the business we are told that they plan to relaunch as a "phoenix" company and some of us would be employed by them. The others would have to claim redundancy using form RP1 as the original company will be bankrupt. Does TUPE apply for workers moving over to the phoenix company?

Answer - Whether or not TUPE will apply will depend on what is being transferred.

Question - I work part time for a retailer, and have been there for a good number of years. I work two days a week - ususally Tuesdays and Thursdays. I have never been given any days off as holiday or pay, in lieu for "Bank Holidays" which always fall on either Mondays or Fridays - the days that I do not usually work. However the full time staff are always paid for "Bank Holidays" even though the shop is closed and they are in effect being given the day off.

Should I be entitled to "pro rata" pay for bank holidays? If so how do I go about putting this right and claiming back all of the time that I have missed out?

Answer - Contrary to public perception, there is no entitlement to bank holidays off with pay. The position is that if an employee is scheduled to work on a bank holiday, they are entitled to be paid regardless of whether the employer chooses to give them the day off or not. As you are not scheduled to work on most bank holidays, you will have no entitlement on those days. However, Christmas and New Year sometimes fall on the days that you work, and if they do, the entitlement will be as I have described.

Question - I am shortly going off on maternity leave and will receive enhanced maternity pay from my employer on top of statutory maternity pay. I may not return to work at the end of my maternity leave due to childcare cost reasons (but am yet undecided). If I do not go back, would they be able to ask for me to pay back the enhanced (company) maternity pay?

There is no mention of this in either my contract or the maternity policy. The only thing is that I am being asked now to confirm my "intention to return to work" to qualify for company maternity pay. I have confirmed this "yes".

Answer - The general rule is that an employer cannot request enhanced payments unless there is a specific agreement that they will do so if you do not return to work.

Question - I work in a large retail shop at night alone on the shop floor nearest person a ffotball pitch sive away also very hot no venterlation

Answer - I thank you for your email but cannot advise as you have not raised any specific question for me to answer.

Question - HR records - am I able to access my HR records at work? Do I have have any legal rights to see my file?

Answer - Many employers will allow you to inspect your personnel file upon a formal request.  If that is not the case then you should make a formal subject access request under the Data Protection Act (references are not covered).

Question - I have just returned from Maternity leave. I took 9 months off from October last year.

My company pay bonuses every half year and I was wondering if I am entitled to a bonus for the first half of this year even though I was on Maternity leave for this time.

Answer - I thank you for your email and confirm that when you are on additional maternity leave (leave beyond 26 weeks) your contract of employment continues but you are not entitled to contractual salary under the contract unless there is an express term to that effect.  This would also apply to any bonus.

Question - I have been employed by my employer for nearly two years there is a 5 % pension contribution in my contract of emplyment from my employer i have not been able to access this even though i have asked my line manager and other board members about it what are my rights

Answer - Thank you for your email.

Question - Is it legal / correct, if my manager states that if I am not happy at changes to my contract then I can always "walk out of the door as I can be replaced" or "If I am not happy go and be a plumber instead!". I currently work for a retail outlet.

Answer - I thank you for your email and confirm that generally an employer has no right to change the terms and conditions of your employment without your consent.

Question - I have been employed at an engineering firm for the past 7 years. We have been verbally told that the company 'has' been sold. We have also been told that we will be employed by the new company. We have had no consultation or any written confirmation of this.

It is more than apparent that our current employer is running the business into the ground whilst waiting for the sale of the company to go through. As employees what are our rights and should we have had written notification?

Answer - Thank you for your email.

Question - We have received a letter from work stating that they are no longer prepared to pay double time for bank holiday working (We work in retail) and asking us to agree with this change, the letter states that if we disagree they will terminate and renew our contracts with this amendment in it anyway, can they do this and if so, would they have to give us a notice period for the change. Would we be within our rights to refuse to work bank holidays if they are not our 'normal' working weekday?

Answer - I thank you for your email and confirm that generally an employer has no right to change the terms and conditions of your employment without your consent.

Question - I have just found out unofficially that I will be made redundant along with a few others in my organisation next week. I am 5 months pregnant and hold the position of HR Manager in a company of 27 people. Whilst recruitment has certainly dropped off in the past few months, there is (in my mind) plenty of HR work that could be done to improve the organisation as a whole. As I am so close to the end of my pregnancy, I feel I am unable to find more work and wonder where I stand legally or what I should ask for as part of my package. I have been at the company for just over 2 years.

Answer -If selected for redundancy on grounds of pregnancy, the redundancy dismissal will be both unfair and unlawfully sexually discriminatory. However, being pregnant does not of itself entitle you to be treated any more favourably then other employees when it comes to selection. If you are at risk, the employer is required to consult adequately and meaningfully with you about alternatives to redundancy, if any exist. This may well include any suggestions from you about creation of work. There is nothing in law to say what you should ask for as part of a redundancy package. The minimum redundancy pay required by law is (if you are below age 41) 2 weeks pay or, if over 41, 3 weeks pay. This ceilings for calculation purposes at £400 per week. If your pay is less than £400 per week it must be calculated at actual gross rate of pay. You will be entitled to pay in lieu of any outstanding accrued paid annual leave entitlement. You will also be entitled to either contractual notice or 2 weeks statutory notice, whichever is the greater. The employer may require you to work your notice, or put you on garden leave for the notice period, or terminate immediately and pay you pay in lieu of notice. If there are any contractual entitlement that better the statutory minimum payments, then you would be entitled to them. The employer also has the option of making higher payments if it chooses to, but in the absence of contractual entitlement, cannot be forced to. You are free to ask for anything above the statutory minimum, but in the absence of the above, there is no obligation on the employer to pay.

Question - I changed job 18 months ago but was kept on the books at my old job - my contract was changed to a zero hour contract with them. I have since done 2 or 3 shifts back with my old employer (on top of my full time job) and have not received a penny of what I am due.

They are keeping everything that I earn and say they will continue to do this and are saying it is tax, but this is definitely not the case. They are not giving me a proper explanation and I would like to know how to take it further. Thanks

Answer - I thank you for your email.

Question - I work for a very big company that was privatized and has now being bailed out by the government. I have worked for this company for 10+ yrs as a perm employee. For the last 3 yrs o have encountered serious bullying resulting in racial harassment. I initially complained about not being given any meaningful work to do and all work were being passed on to contracting personel who work for the senior manager's agencies.

I have had no specific training given to me as agreed with my line manager, I have had nopay rise in 3 consecutive yrs, aother person of a different race is favoured over me because all of the projects within my portfolio has being given to her as all my work has being removed from me. These 4 senior managers (including an HR manager who has being found to disclose confidential info to 3rd party about me) are all still in there jobs. The Harassment & Bullying case I raised was delivered against me and I was attacked of underperformance. I have now obtained wealth of info under tha Freedom of Information Act and have recieved emails , letters and memos directed at disadvantaging me and specifically with my name. There is breach of contract for them removing the tools I need to effectively do my job as per my JD and thus branding me as an "underperformer" despite, an employee recognition award and managers I have worked for previously comending me.

It has being a very stressful time for me and my family for the last 3 yrs.
I was suspended on the 8th feb because my line manager used a confidential text (agreed to keeping our discussions confidential) in which I branded these managers behaviour as similar to that of Hitler's regime and passed it on to one of the managers, who adviced him to take it to HR. I was intimidated and threatened with disciplinary action, which they could not substantiate as the conversation was confidential and they decided to drop the case. There is an awful lot more going on, but. I appealled against the H&B decision and my appeal was turned down, because I 'didn't make the 7days deadline to appeal'. I did appeal within 7 days but it was turned down.

They have asked me to go back to the same position and report to thesane managers. I have refused to do so as they are placing me in direct 'conflict' situation and failing to address the health and safety risk posed. As per their request to attend an Occupational Health assesment for my "eractic behaviour", the doctor has instructed them to resolve the situ at work with the relevant tools as this is work related, otherwise I am fit and well to resume my full duties at work. This has being completely ignored and I have now being sent to the Redeployment Unit to find another job in 3 months or get my contract terminated. The infomation passed on to the redeployment team states that I have a medical restriction (even though I have being declared fit for work). HR is now saying this was an error as and does not apply to me, as employee sent to this unit are either medically restricted or there position is at risk from an org restructuring. The senior HR manager has confirmed that I do not fall in those categories. The company Is adamant and will not listen to me, now with the motion to bring legal action against them, they want my case addressed informally by a third party who works for the company and are gratellly influenced by them.

I need a solicitor to take my case forward to a tribunal, can you please advice?

Answer - Firstly, you may not be aware of this but you do not have to have a solicitor to pursue a claim in the Employment Tribunal.  Many claimants represent themselves throughout the process.  The form you would need to fill in is an ET1 claim form.  Useful guidance, including the ET1 form, can be found at

http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/employment/index.htm.

There is a 3 months time limit, that runs from the date of the act complained of, for submitting claims of discrimination in the tribunal.  You may have grounds for claiming that what you are experiencing amounts to a continuing act - however, this is a complex question and not one that I can give an opinion on based on the information you have supplied.  In any event, I could not give a definitive view, it would be for the tribunal to decide whether your claim was within time.

Question - My company run an Employee gift scheme whereby they provide a gift to staff on the anniversary of each 5 years served. i.e 5, 10, 15, 20 etc years service with the company. I received an award for the last 5 years service and I have now reached my next 5 year service award period.

I have been on sick leave for the past 3 years and my employer says that because of this I am not entitled to my next reward. This appears to me to be unfair discrimination!

Answer - Thank you for your email.

Question - My employer has run out of cash and is in serious difficulties. I have not been paid the last 2 months (I am the only employee), and have stopped going into work. Do I have any legal options? I am pretty sure his financial problems are very serious, both personally and professionally so I don't think he can actually afford it (he may be about to lose his house to the his mortgage company).

Answer - Failure to pay wages amounts to a fundamental breach of the employment contract and you can consider yourself constructively dismissed for that reason.

Question - Is there a maximum and minimum workplace temperature defined by statute? The place where I work has no air-con and during the summer months it can sometimes be as high as 35 degrees or more - can my employer be forced to install air-con?

Answer - For workplaces where the activity is mainly sedentary, for example offices, the temperature should normally be at least 16 °C. If work involves physical effort it should be at least 13 °C (unless other laws require lower temperatures).

Question - I am doing the same job as a colleague and bring in more fees than he does. I know he gets paid more than me-what can I do? Is this covered by discrimination?

Answer - It is perfectly legal for employers to pay employees, carrying out the same work, different rates of pay.  However, if that difference is due solely to the employee having one of the protected characteristics as set out in the Equality Act, then it will be discriminatory.

Question - I started my maternity leave on the 3rd of Jan 2011. I understand that I am entitle up to 52 weeks leave and I can build up my hoilday during the leave. Does it mean that I have extra 28 days on top of the 52 weeks? I have been with the current employer since April 2006. The firm allows unused holiday carry forward for next year.

Answer Pending

Question - I currently work as a sales assistant for a major retailer, doing shift work (my contracted hours are full-time, Mon-Fri). I've recently been led to believe that our current contracts are not enforceable under EU law, and we will need to sign a new contract, which includes working Mon-Sat. I am unable to work on Saturdays for religious reasons, but have been informed that, whether I sign the new contract or not, it will be deemed that I have accepted the change if I continue to work for them.

I've tried to explain my predicament to my managers (I am happy to work any shift, on any day, outside of Sabbath hours), but they are adamant that I will have to work one Saturday in four (to avoid resentment from other staff members).

Do I have any legal rights in this situation? I feel as if I'm being forced out of my job!

Answer - The first thing you need to establish with your employer is why they believe the contracts are not enforceable.  Even if they are not, it will not give your employer the right to change all of the terms of the contract, especially fundamental terms such as the hours/days worked.

Question - I'm a qualified nurse, working at a clinic for an nhs foundation trust. My working hours have always been from 9 - 5pm (for about the past 20 years). The management have decided to have a weekly late clinic, where the clinic will stay open until 7pm. They are looking for volunteers to work from 11am - 7pm on the day of the late clinic (or perhaps 9am - 7pm and then get the 2 hours back at another time). If there are no volunteers, can I be forced to change my working hours and work until 7pm?

Answer - I thank you for your email and would advise that you check your contract of employment to see whether:

Question - I'm about to go on maternity leave and the company I work for is currently goiug through a merger. All the jobs are currently being posted so that we can reapply. This process won't be done until I go on maternity leave - where do I stand in regards to a job when on maternity leave? Do I have to reapply and/or go for interview when I'm on maternity leave or do I have automatic entitlement to the same job I'm doing now?

Answer - Thank you for your query.

Question - Hi I have done the same job for 12 years but about 9 years I transfered under Tupe, my company is now asking me to change my contracted hours & want me to sign a new contract, will my Tupe rights be affected?

Answer - If you sign a new contract and the contract includes any different terms and conditions to those that transferred with you under the TUPE Regulations, then those new terms will become contractual and replace the TUPEd terms. There is no entitlement in law for an employer to amend your contract without your agreement - any amendment imposed will be of no validity and you would be able to sue for any shortfall in entitlement given in your TUPEd contract.

Question - I have been employed by a mayor retailer since May. My probation was 3 months which passed a few weeks ago, I have then been on holiday. They told me at that review I was not meeting the needs and targets of the role and my probabtion was extended by 30days. Since joining the company I have not been given sufficient training in systems, no induction process was laid on for me, no support person was assigned to me, my colleagues have been somewhat unhelpful all with their own agendas and I have never been given a job description. The area I have taken on was in a complete mess as the previous buyer had left 6 months ago and no-one had been properly looking after it (my boss was supposed to be looking after it). I spoke to my boss several times telling him I felt lonely, unsupported and did not have the knowledge of internal systems to be able to do the job properly. This was aknowledged verbally yet nothing was done about it, as far as getting any help from my line manager, I was told how to approach certain things but not given any direction as to how then do those actions. They even advised me to go and find the previous buyer and ask them some questions, who now works in a completely different department. Since they extended my probation I discussed last Friday with my line manager that regardless of the length of extra probation they put me on it was highly unlikely I would meet the measures required as the area was in such a mess and I had no support. I would have to work 24hours a day 7 days a week to even scratch at the surface of all the issues. (Other areas within my line managers team have a merchandiser, 2 assistants and 2 supply chain people - all I have is an assistant) My line manager advised me that they would think about what I had said over the weekend and on Monday they terminated my contract with one weeks notice saying I was not suitable for the role. I have still not yet received the actual termination letter 4 days later but have been told I can appeal, which I intend to do. This leaves me in a financial nightmare as I live on my own with a mortgage and have no means to cover my monthly outgoings. Unfortunately all discussions had with my line manager were verbal and nothing is in writing. I have since spoken to various colleagues in the the team and they are willing to support me in any appeals as they feel I have been wrongly dismissed. I am more than capable of doing the job, however I have not been given sufficient time or support to make any headway into the job, I am still learning the ropes alongside trying to deal with such a mess.

Do you think I have grounds to appeal against the decision?
Also if I appeal will I still be classed as an employee and be entitled to pay or will my contract still terminate tomorrow? I am of course extremely worried how I am going to afford to live and feel very wrongly treated.

Answer - Thank you for your query.

Question - I am about to be made redundant. Although I am paid weekly my contract says I need to give or be given two months notice. The ofice is relocating 9th Sept and there is no job for me at the new place but I have not been given notice yet. What are my legal rights?

Answer - If there is a true redundancy situation then you should be given 2 months notice to the date of your dismissal (or payment in lieu of notice if the full notice is not given) and redundancy pay if you have worked for your employer 2 years or more.

Question - I have just heard that I have a disciplinary on fri but not received anything in writing as yet, I have rang my union but they cant get anyone to attend so soon, can I ask for the meeting to be adjourned.

Answer - Thank you for your email.

Question - I am writing to you with an advice request.

I am working for an European Charity which is registered in United Kingdon. I am contracted for 37.5 h / week, however my contract stating that I may be required to work weekends.

It happen on several occassions that I was required to work weekends (over my 37,5 h) and did not recieved any time back or overtime. What are my rights? How can I execute my rights?

Also wanted to ask what is my right for statutory sick pay? Recently I had three days seek and my employer deducted it from my salary. Again, what are my rights and how can I execute them?

Answer - Thank you for your email.  I assume from what you say that you work in the UK.

Question - In July 2001 I took unpaid leave of absence from my job as a teacher,supposedly for a year, with the intention of returning to work in September 2002 when my daughter started school.

When it got to the designated time I asked for a part time contract and was told of a colleague who was interested in a job share which would suit us both. Soon after she found another job, she was replaced with a full time teacher and I was left with nothing.

At the time I didn't think there was anything I could do as I didn't want to go back full time. It's only recently that I've noticed on my pension info that I was still registered as employed by the school right up until I started to work on supply in 2003. Was I dealt with unfairly? Is there anything I can do about it now?

Answer - I am sorry to inform you that, due to the lapse of time, any claim you may have had will be statute barred; claims in the Employment Tribunal need to be submitted within 3 months of the date of the act complained of. Claims in the County Court for breach of contract have to be submitted within 6 years.

Question - I came back to work from 2 weeks vacation to be told I had been suspended from my night shift which I have worked for the last 17 years as the night shift supervisor, and put onto the day shift while they investigated claims that I had given unauthorised breaks to the night staff. Albeit I admit I suggested breaks to the night staff I was told early one afternoon that management wanted a meeting with me that afternoon to which i was dismissed for gross misconduct. Please can you advise as 1) I never received a written invitation inviting me to a disciplinary hearing. 2) the reason I offered breaks in the first place was our break times where reduced, our lunch went from paid to unpaid and our shift was increased by a further 30 mins with no extra pay to which we have never been consulted or interviewed or formally been informed via letter. 3) As a night shift worker we have never received health checks (working a 60hr week over 5 nights). I have lodged an appeal with my former employer as I have never in the 17 years I have worked for them received any kind of written warning. Please can you advise if I have any rights in overturning the decision as I believe I have been unfairly dismissed.

Answer - Thank you for your email.

Question - What are my rights, with regards to my employer forcing me to work over time for free, I do not get this time back.

Answer - Whether your employer can expect this from you will be dependant upon

Question - Just over 1 year ago my job was changed from an after sales service position to sales supervisor. While I didn't ask for this change I did agree to it on the understanding that I would be expected to be more of a supervisor than a sales adviser. For the last year this has been the case, however I was told in the middle of June that if I did not start to meet a sales target by the end of July I would be demoted to sales adviser and my wages adjusted accordingly. I am still on the same wages as I was on before I accepted the change of job (as I was already getting paid a higher rate than a sales supervisor gets paid) and in the last year I have had 1 performance review, during which individual targets were not mentioned. Can I have my contracted job and salary changed in this way with this amount of notice? I accept that the sales supervisor role can involve selling, however when it is not something I have had to do up until now surely I would need to be given a longer period to adjust. It is also relevant that my sales manager has been off for all but 1 week since I was told this which has meant I have had almost no chance to meet the target set.

Answer - I thank you for your email and confirm that generally an employer has no right to change the terms and conditions of your employment without your consent.

Question - I recently asked my employer for reduced hours (to care for my children). I was told that it was a full time position and could not be done part time, but that I must find an alternative solution and that a meeting would be convened the followwing week to discuss my potential solutions. I first opted for job share, taking a 60/40 split of the jobs hours, willing to accept the neccessary cut in salary, but asking to keep my company car if possible.

The meeting took place the following week where I was also told that taking on another person was also out of the question for our small department (owing to 2 x NI, pension etc). Next I tried to reallocate some of my tasks to other excisting members of the team, which was also a flat NO. Eventually after two weeks o0f informal meetings, I was forced to resign. In the few months that have followed, my position was filled by a full time employee, but another full time employee was also taken on, increasing the head count. I am obviously furious that this was NOT an option for me. This new role could have been modified to include some of my duties? Do I have a case for constructive dismissal?

Answer - If you wish to claim constructive dismissal then you would have to show that, at the time you took that decision, your employer was in fundamental breach of contract i.e. they were doing something that no other employee would tolerate or were breaching the express/implied terms of the contract.

Question - I was dismissed from my post with my local council yesterday due to my unsustainable sick absence. My absences were due to COPD and breast cancer, please advise.

Answer - I am sorry to hear of your dismissal and whether you can challenge the dismissal as unfair will be dependant upon:

Question - Is it (a) legal for my line manager to re-write my job description without first discussing the proposed changes with me, and (b) Am I obliged to accept the new job description?

Answer - The answer would depend on part on the terms and conditions of your contract of employment and whether an employer can ask you to undertake other reasonable duties that may be required.

Question - I have an issue I really need help over with my now ex-employers who I worked for ten years. When my last pay came through I realised there had been an overpayment & reported it immediately. I sent emails, phoned up many times over 4 weeks and still was given no figure to repay to them.

After 7 emails and 5 phone calls, I decided to lodge a complaint & in the complaint asking for my lost costs (telephone calls, lost sickness benefit money due to the overpayment being recorded as capital, and also asking them to deduct an overpayment of £260.00 they took from my last pay - which I never had notice of & which was from 2 years ago). I lodged this complaint & request for costs with the complaint team, filed lots of evidence of all the emails/payslips/screen shots of my phone bills etc & also managed to obtain proof that the £260.00 overpayment letter had been sent to an incorrect address, therefore again not my fault).

This complaint has been with the team for 3-4 weeks now, so in total it will be 8 weeks from 1st reporting this. I have finally been told I owe £2.5k, but of that my costs & this £260.00 amount to around £500.00 and I have asked they deduct this. Part of those costs are due to the ongoing stress this is causing my health as my reason for leaving work was due to long term ill health & a severe pain condition which is aggravated by tension/stress. I am supposed to be having treatment soon and am meant to be staying stressfree, but its impossible with all the delays & constant requests for various info from them nearly every day (which I respond to urgently). They are nitpicking at every cost and its delaying matters.

The main issue was this sum in my bank account was meaning I was losing my sickness benefit for nearly 7 weeks, but the benefit office have now reinstated this based on the full £2.5k letter I have shown them off my ex-work, however im concerned as I am still waiting for my ex-work to decide if they will grant my costs & need to update the benefits office with the correct figure quickly so they can amend my benefit once again.

I have tried to do everything I possibly can to get this resolved & have told them in emails how much stress its causing me and explained I am in bed on morphine at the moment, having to use my laptop, but nothing is working.

The worst thing is my job was for the Law Courts and I really dont want this to go to court, but I feel strongly that I have done the right thing and by being honest, I have lost income and other costs, not to mention the worry over the past 8 weeks.

My last email has asked that the member of staff asks her manager to call me, not had any call. I dont know what to do, do I pay what I think is owed and then simply wait for them to take me to court & defend my case? I just want the matter resolved. Most employers would bite your hand off when you have spent nearly 8 weeks trying to repay them, losing your only income due to it.

Answer - Thank you for your query. 

Question - I am currently on maternity leave. I work part-time for a supermarket and did not work enough hours for them to pay me SMP. I am claiming from the government instead. Do I have to legally return to work after my year off?

Answer - Thank you for your query.

As an employee you have the right to 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave making one year in total. The combined 52 weeks is known as Statutory Maternity Leave.

To qualify for Statutory Maternity Leave you must be an employee. If you are an employee and you give your employer the correct notice, you can take Statutory Maternity Leave regardless of  how long you have been with your employer or how many hours you work or how much you are paid.

If you do not want to return to work then you should inform your employers. There are requirement s to give notice of intention to return to work and you can find this information on the Direct.gov .uk website

I hope this is of assistance; the guidance I have given is limited by the information I have and should not be treated as a substitute for taking full legal advice.

Question - The place I work will soon be starting to open on Sunday's, it has never opened on a Sunday before, our manager has said he can make us work, can he?

Answer - I thank you for your email and confirm that generally an employer has no right to change the terms and conditions of your employment without your consent.

Question - my self and another supervisor do not get sick pay, now another girl has been up graded to supervisor, she does recieve sick pay but will now be saleried and is is also retaining her sick pay rights is this legal?

Answer - I confirm that an employer is quite entitled to offer contracts of employment to staff carrying on the same roles on different terms provided that it is not doing so for discriminatory reasons or based on sex.

Question - If an employer wants to make changes to any of the content in a contract of employment or job description, can they do so without consulting me and what happens if I refuse?

Answer - I thank you for your email and confirm that generally an employer has no right to change the terms and conditions of your employment without your consent.

Question - Im currently on maternity leave from bt. Although i filled out all the relevant paperwork bt failed to deal with my mat pay correctly and contacted me stating they overpaid me £2700 (3 monthly overpayments of £900 for jan-march) and will be reclaiming the money when i return to work in sept. I was not aware that i was being overpaid. i received my normal wage slip and spent the money in good faith. When i return to work i will have childcare costs of £700pm along with all other baby related costs and cant afford to have any money deducted from my wages. both me and my boyfriend are already in our overdrafts due to our increased costs and decreased wages.i have refused bt permission to take any money but they say they will proceed in sept at £34pm. bt admitt full responsibility but say i should have been aware and will not waive or reduce the debt. bt only ever sent me a generic document which stated bt maternity benefits but it never gave any dates or amounts personnal to me so i was not aware my wages were due to drop in jan. i looked at the doc and thought i dont even know what date that would start from to try to work it out i was just waiting for my wages to drop and was spending accordingly.i am i first time mum and have found the experiance very overwhelming. with sleep deprivation and caring for a newborn i never gave a thought to if bt was paying me correctly. i trusted as they have a dedicated team i wouldnt have to worry about that.do bt not have a duty of care to women on maternity leave do deal with all aspects of my maternity leave?. the stress and worry has really affected my health and i have since been diagnosed with post natal depression with anxiety. i am so angry that this ruined months of my matrnity leave and have had to stop breastfeeding my child due to medications i am now taking for pnd. even though i dont feel at all responsible and cant afford it i offered bt £700 and my holiday entitlement. i was prepared to take a mortgage payment holiday to get the £700 just to try end the whole matter and to try and maintain a good working relationship. bt said they will not consider reducing the debt by even a penny.i have researched online and think estoppel principles apply and i should not have to pay this debt i had no control over back. i believe the only thing i can now do is take bt to small claims court when the deduct the 1st payment i have not authorised. this will cost me £140 and i will have to represent myself which i find incredibly daunting. How do you reccommend i proceed. bts own overpayment procedure states it can be waived depending on the situation but they are not prepared to negociate. my case has been looked by their hr and legal team and they are still not prepared to do anything to help.

Answer - Thank you for your query.

Question - 20 years as inputter in newspaper. 18 hours per week. Over age of 65. Reapplied each year after age of 65. Meeting with group editor on June 16, 2011 to discuss job. Letter June 30, 2011 giving decision to let me go on Dec 31, 2011. On holiday until July 9, 2011 and letter on mat. If I wanted to appeal I had to do this within 10 days of date of letter. Do I get redundancy? Can I still work on? Job not being replaced as copy inputters are being done away with. I am not in the NUJ or any Union.
Your advice would be appreciated.

Answer Pending

Question - I'm a night nurse working 9.5 hrs a shift- I get paid for all of it so don't get a break. I know some jobs aren't entitled to a break can you clarify my situation please.

Answer - Under the Working Time Regulations 1998 you are entitled to a minimum uninterrupted 20 minute rest break after the first six hour period of work.  This right is enforceable in the Employment Tribunals and can only be modified by a collective or workforce agreement subject to the provision of compensatory rest.

Question - I am currently 20 days into a 90 day consultation process, (as my job is at risk and I may face redundancy), and I have just found out that I am pregnant. First question is, when do I have to tell my boss/HR, and second question is if I do have tell them/they find out, how do I know that they won't take this into account when choosing who are in the newly restructured teams? Do I have any protection from being discrimnated against during this process?

Answer - You have to give at least 15 weeks notice of the date your baby is due.

Question - my colleague like to joke about me which hurts me very much, why am i the only person target, is my personality faulty, who can repair my faulty outlook and what is this type of taunt called. Please reply withthe action to take to prevent further damage to my confidence.

Answer - Thank you for your email.  I am sorry to hear that you are being targeted in this way by your colleagues.

Question - I had an accident at work just over 4 months ago in which I broke my heel and a vertibrae in my back. I am due to go back next week (25th) and they want me to sign a 'commonsense policy' before I am allowed back.

My MD has basically said it was my own fault, has refused to accept any of the responsibility for it, and has even stated (in writing) that I should have been insured myself, even though I have been permanently employed by the company for 14 years, without a single day off. I have NEVER had any training etc. in connection with my work. The company has no safety procedures in place and there is no risk assessment. I do maintainence on lock-up garages and fell through a roof (about 2.2m drop).

Just for the record the HSE are investigating and I have not been paid (except SSP) since the end of May.

I believe that he is trying to make me think that it was all my own fault and that the company have no responsibility on their part. Is this intimidation and will the document that I sign have any legal standing or should I refuse to sign it. If I refuse to sign does he still have to pay me as he is the one telling me not to come back. What would happen if I sign the policy document and have an accident the week after. Sometimes commonsense is often called hindsight.

Answer - I have never heard of a "commonsense policy" and based on the information you provide cannot advise whether it would be reasonable or not for you to sign it.

Question - I feel I am being scapegoated at work by my assistant manager. They had a bad time with a previous member of staff and I think she sees me as a 'trouble maker' too as I speak my mind. I am very experienced in the field in which I work and know a lot of staff who work in the area from previous jobs. She micro manages me which I find irritating as it feels as if she cannot trust me. She treats me differently to the other staff. The problem is she is close to our manager and I am not convinced that he totally believes me when I tell him how she treats me. so: How can I protect myself from further bulling, being micro managed and get the assisstant manager to treat me with respect? I really love the work, but don't like the way I am treated. I feel anxious and sick when I know she will be there. Any advice? PS I have a disability under the Equality Act; I suffer from recurrent depression and become very unwell at times.

Answer - I am sorry to hear of the problems you are experiencing with your manager and confirm that her actions may amount to bullying and/or harassment.

Question - I am 38 years old and have worked for my current employer as a Personal Assistant for almost 13 years. In December 2009 I lost my husband to brain cancer. This therefore spurred me to want a better quality of life. In June 2010 I asked at work for part time hours. After 3 months they finally got back to me and said they could not grant my request at this time. I was really upset by this response and accused them of being discriminatory against me because if I was to have a baby I would be given part time immediately (I have no desire to want children). Obviously my employer denied this and said that they had no legal obligation to allow me part time hours.

An email has recently been sent to all employees advising us that one of the other PA's is taking maternity leave and will be returning part time. It is therefore obvious that I will not be granted part time hours at any time in the future.

Added to all this, is that I had to have an operation on my elbow in February this year, to release tennis elbow. My doctor was of no doubt that this has been caused by my work. I am also experiencing cramping in my hands from the amount of typing, which I have advised my employer abut. My doctor has advised my employer that I should be given reduced hours because of these issues, but they have done nothing about it.

Do I have a legal right to ask for part time hours or does my employer have a legal right to grant part time hours due to medical advice received from my doctor?

Thank you for your help.

Answer - Thank you for your email and I am sorry to hear of your difficult circumstances.

Question - I had been working in local authority for nearly three years and for the last seven months on a secondment - with up to another 5 months to go. My initial role was being TUPE'd to a neighbouring LA, incurring travel/costs and likely change of T&C as the service was being jointly contracted out. I intially asked to be TUPE'd to the contractor which was refused, following which I asked for redundancy. This was also refused so I handed my notice in to terminate w/c the TUPE transfers as personal circumstances restrict daily travelling too far. I have accepted a position locally for considerable less salary.

I have since emailed HR regarding constructive dismissal, but this has not been accepted. The process never involved any consultation process prior to my leaving.

I was also told upon accepting the secondment position that it would not be affected by the TUPE situation until the secondment ended. I joined the Union (just prior to leaving) who advised otherwise and all employees have to TUPE on the same date. Other than this information they were of no other assistance.

Should I pursue it further? I do not think it reasonable for an admin. post to be relocated.

Answer - Thank you for your email.

Question - I was employed by a College doing various admin jobs over a period of five years. During that time my salary payments were never correct. The College refused to investigate unless I was able to identify exactly where the problem was which was impossible because a calculation error occurred nearly every month. I was forced to engage the services of an accountant and itt transpired that my salary calculations were wrong. I have asked the College to reimburse my out of pocket expenses and they have ignored all my letters for about two years. The Accountant even discoverewd that my pension payments were incorrect and although the College promised to pay the missing payments a year later nothing had happened and I had to contact the provider and they had to bring a lot of pressure to bear on the College to ontain payment.
Is there any organisation/governing body that I can contact to complain about this. Over the years I have spoken to many members of staff and it is the same story - their salary was/is never correct.

Answer - If your employer is paying you less than you are entitled to it will be in breach of contract and will be making unauthorised deductions from your wages.  You can either issue proceedings in the County Court to recover the monies owed or present a complaint to an Employment Tribunal.

Question - i work 10 hours a day without any set breaks from my desk (contracted to do so). i have recently found out iam pregnant, am i now entitled to breaks away from my desk and if so how many? My boss is a bit of a bully and always threatens action via HR if he isnt happy, i feel he may bully me more when i let it be known iam pregnant, i really dont want to rock the boat.

Answer - On the presumption that you work in an office, under the Working Time Regulations you are entitled to a minimum of a 20 minute rest break if you work over 10 hours.  The Regulations state what an employer can and cannot demand during that time: see:

Question - My husband was unfairly dismissed and sought advise from the legal aid Law Centre charity where we live and ACAS. He was advised by the Law Centre and ACAS that because he was paid in full while he was suspended from work awaiting his appeal hearing with the help of his union, that he had no grounds for claiming unfair dismissal as he had suffered no loss of income and had secured a job with another company. ACAS mediated with the company and they suggested that my Husband signed an agreement that he would not take the company to a tribunal for unfair dismissal if they would give him an employmer reference. Feeling that he had no other option this agreement was signed by my Husband and the company then a few weeks later my Husband received a letter from the company saying that he had been overpaid by £800 and had to pay it back. He asked for evidence of this and sought legal advice from the Law Centre and ACAS who said that he had no option to pay it back which he is now doiug so by standing order weekly. What it looks to me is that they paid him to stop him taking them to a tribunal and then once he signed to agree not to, they asked for the money back. Their figures showing how he was overpaid were unclear but also when it came to renew our tax credits claim, the gross income on his P45 from then for wk 35 had a different figure than his wage slip for that week and when I asked the question why and therefore which was the correct figure to renew my tax credits I was told that it was the P45 yet they could offer no explanation why the figures differed. Also I asked if the £800 overpayment had been included in the P45 but they said it had not. I explained this to the tax credits office who agreed with the company to use the figure on the P45. This leaves me feeling that the company's finance/payroll department has inaccuracies and unwillingly through the advice we have received we have had no option but to 'trust' their judgement. Do you think that he was advised correctly and if not is there any action that we can take?

Answer -As your husband had reached agreement on the issue it would be wrong of us to consider the merits of his claim.

Question - i had 33 days holidays in my last job i have worked for the n.h.s. for 22 yrs.am i still entitled to these in my new empolyment.

Answer - I thank you for your email and confirm that full time employees are entitled to have 28 days (5.6 weeks) holiday per year. This can include weekends if the employment contract provides so.

Question - I have worked for tesco for 3 years. my orininal job went & I was put on 90 consultation, i was offered and trained for a job, but on the first day told it didn't exist so was hastily given another job. shortly after this job went & i was again on 90 day consultation. I went to another job with them, which went & I was given a job in a new department which is now closing & my job will have to change again.

I am the only person in store who has been caught in all of these changes. I have had time off for stress (18 months ago) and myself & my family find it very unsettling. If I can't cope any more and leave, can I go to tribunal for constructive dissmissal? I feel they are making life at work unbearable & must surly be trying to get rid of me?

Answer - Constructive dismissal claims are difficult cases to win.  You would need to prove that you resigned in a timely way because of and in response to a repudiatory or fundamental breach of contract by your employer.  This can be either a specific term of your contract or an implied term, such as the implied duty of trust and confidence or the duty to protect your health and safety at work.

Question - I am being sent on a training course from work. The course is in America and costs £21000, it is an attendance course and I will not receive any formal qualification, however, I work on equipment that has 30000Volts DC and require the course to work on it safely. The problem is that the company say that if I leave within two years of the completion of the course then I will have to pay back 1/24th of the cost per month. Is this legal, can they hold me for two years? I am not getting any promotion or more pay for the course.

Answer - The answer would depend on whether your employers wish for you to undertake the course, the course is mandatory for your job, you knew about the course before you started, you have the option of refusing the course.

Question - I have been dissmised from a private school after not being well and I was not able to go to school, i have not yet done anything about it because I had no extra time but I haad adviced the school when I will have some extra time i will start legal proceedings against them, can you kindly advice me on the time scale can I still call to court?

Answer - In order to bring a claim for unfair dismissal in the Employment Tribunal you would need to submit the application within 3 months of the date of dismissal.

Question - I wanted to ask you how long it takes a company or employer to conduct an investigation into gross misconduct. I have been accused of damaging company property 5 months ago by my line leader & a work colleague. After the accusation I went on the sick because I had a hernia and I am waiting for surgery. I should be due for the operation in the next 2 weeks; therefore it will be 6 months I've been on the sick.

Since the time I've been off sick for 5 months I have not been called in by the personnel department to address these allegations of gross misconduct. The only thing that the personnel department have called me in about is my medical status. I explained to them that I am on the waiting list for surgery therefore I am at the mercy of the NHS. I provided them with prove from my doctor.

To cut along story short how long do they have to investigate these allegations? There is no camera evidence only the line leader & a colleague who think I might have damaged company property. In my opinion the evidence is weak and circumstantial. Does the company have a certain time limit to conduct an investigation? Or do you think they will conduct the investigation when I return to work after 6 months off sick.

Answer - Thank you for your query.

Question - My employer insists that I take my leave in periods of 1/2 days. However, my shifts are measured in hours (8,9,10) and my leave is totalled in hours. There is no mention in my employment contract that I have to take my leave in blocks of half a day. Are they correct ?

Answer - I cannot answer your query without knowing what the effect of taking leave in half days is, i.e. how many hours a half-day counts as. Does this result in a loss of leave hours? If making no difference the issue may be purely academic.

Question - I have worked for the education department of a National Museum for 12 years but have never had a written contract although one has been promised many times. (I have one written record of a contract being promised in 2007 but it was never issued). I commit myself to working one day a week - dates are arranged several months in advance. Tax & Nat. Insurance are deducted from my pay - paid monthly but 6 weeks in arears. Up until now, If the museum cancelled a day's work within 2 weeks of the date, they paid that day's work in full. Now they have just issued a letter saying I am a 'worker' and they have no obligation to offer me work, I have no obligation to accept it and they can cancel with no notice and no penalty although they will 'try to give 5 days notice - not necessarily working days' and will not pay for cancelled days at all. Do they have the right to do this?

Answer - Thank you for your email.

Question - I work one day a week as a relief caretaker at my church for which I get paid the minimum wage. The building is let for U3A classes which have now finished for the summer recess. The Church council have agreed to close the building for the whole of August to allow the permanent caretaker a well earned rest so I will not be needed during that period. My question is should I get paid for the days in August when I can't go in to work because of the compulsory closure, also how many days holiday a year am I entitled to?

Answer - Thank you for your email.

Question - I work at a hospice which is charitably funded. Normally nursing staff work 8 hour shifts, (including a 1/2 hour unpaid break) either early morning to mid-afternoon or after lunch till 10pm. There is a trend towards voluntarily working both shifts in a day, equalling 14.5 hours in total. Occsionally this is repeated the following day. I am aware that some units operate 12 hour shift schemes, but do double shifts fall outside the scope of the Woring Time Directive? Should an error occur when someone has worked these hours would there be consequences for the employer?

Answer - We are only able to give advice to individuals on specific employment problems that they are personally experiencing with their employer.  We do not offer advice on employment law generally.  Also we cannot give advice on a hypothetical scenario.  As your request does not appear to relate to you, but to be about the work patterns that you have observed other staff working, and also appears to asks about the consequences of something that has not yet happened, this is not something that we can advise you on.

Question - Hi. I work for HMRC as an established civil servant of 23 years. I have been advised that my role is to be moved from Exeter where I am based to Bristol which is outside agreed reasonable daily travel distance. I can therefore not apply for it and will then find myself in a redeployment pool. At present and for the foreseeable future there are no jobs available within RDT of Exeter which means I am likely to be made redundant. My question is: HMRC have a scheme whereby you can be made voluntarily or compulsorily redundant. The former comes with significantly higher compensation than the latter (compulsory redundancy). Can HMRC legally skip offering me a voluntary package before moving to making me compulsorily redundant in a bid to save money? Thank you.

Answer - How a voluntary redundancy scheme works will depend on the terms of the scheme, as these schemes are not statutory but are introduced by the particular employer.  Most voluntary schemes are, in my experience, entirely discretionary and non-contractual.  It will depend on the wording of the policy and your employment contract whether the HMRC's policy is contractual or not.  I suggest therefore that you ask your employer to provide you with a copy of the policy if you do not already have one and also look at the terms and conditions of your employment contract to establish whether or not there is any obligation on the HMRC to offer you a voluntary package before making you compulsorily redundant.

Question - I work for a Local Authority. Under Single Status our annual salary may be reduced by £6000. We currently have 3 years protection, ending 31.3.13. We are appealing but have been told the outcome will not be announced until 31.12.12 - three months before the end of the protection. Can they reduce our salary? Is this fair in law? What can I do?

Answer - Thank you for your email.

This is a very complex area on which I recommend that you obtain specific tailor made legal advice, as based on the information you have given me I cannot give you a definitive opinion on the matter.

However, I would point out that whether your employer can reduce your pay in this way is likely to depend whether incorporated into your contract of employment is a collective agreement giving the unions recognised by your employer the right to agree matters relating to your salary on your behalf. Single Status was, as far as I am aware, agreed between the local authorities and the trade unions and you may well be bound by the terms of that agreement, meaning that legally there may be nothing you can do.

I hope this is of assistance. The guidance I have given is limited by the information I have and should not be treated as a substitute for taking full legal advice.

Question - Having been off unwell in recent weeks, my wife was this week lost her job. She only worked 7.5 hours per week at an hourly rate of £6.50. My questions are:

Is she entitled to redundancy pay from her employer? Her ex-boss didn't mention it when she dismissed my wife over the phone!

Is she entitled to claim Jobseekers Allowance? My wife believes that, as she only worked so few hours each week, she probably isn't.

Answer - Whether your wife is entitled to redundancy payment will be dependant upon how long she has worked for the company.

Question - Our employers are reducing the numbers of LSA and are asking us to either re-apply for the post (changing the job description and adding aquite a few extra duties) or offering the option of voluntary redundancy. we were sentf thetimetable for selection process on Friday 6th july, Voluntary redundancy applications to HR on 19th July by 5.00pm, re-applications for our posts by12.00 noon on 12th July. Does the fact that the job description has changed constitue a change of contract?

Answer - The starting point is where there is a redundancy situation.

Question - I am administrator at work and mainly work with figures (in excel)

I have a strained relationship with my manager due to what I consider to be overly-negative and punitive supervision/feedback sessions and unachievable objectives. My union rep has read all my supervision notes and has agreed with my opinion on this.

I have been on a Performance Improvement Plan which I failed and now have been put on a Capability procedure which lasts 3 months (If I don't pass the objectives which have been agreed, then they can dismiss me) due to errors which have been made on work I have sent out. If I pass the 3 months then I am still on performance improvement until April 2012.

My issue is with the fact that I am on these performance Improvement Process in the first place. Despite having had little support with improving my perceived incapability, and the systems and guidance I use not being reviewed and error proofed I achieved just over 98% accuracy for the year. I feel that I am being held to unreasonable standards which other staff are not and set targets which are unattainable.

Other members in my office are not under the same scrutiny. I have recently discovered that when my line manager was away on holiday, more errors were found during those 2 weeks in her work than I made in the whole year. It upsets me that I can be in this process with this hypocrisy and I feel singled out.

My Union reps are encouraging me to just endure the processes rather than challenge them, but I am not sure I agree.
I suffer from anxiety and I feel these processes are aggravating my mental health issues to no benefit either to myself or my work. This does not improve my working practice or probability of making errors.
I have been dragged through disciplinary procedures for having left work early - the result of an anxiety attack when I discovered I'd made an error.
I asked to move desks to be away from my boss so I could be under less scrutiny but this was met with passive aggressive behaviour. It took a letter from Occupational Health and numerous meetings to move 2 metres away.
At the last meeting I was given a caution because of a copy and paste error in a spreadsheet. I collapsed and was signed off work for a month.
On returning I was exhausted and it took 2 weeks of meetings before they considered a reduction in hours (which Occupational Health had previously suggested twice). I was then given 2 days off. I have taken an extra week's leave and now have little remaining leave entitlement and will trigger absence management policies if I go off sick again, which will cause me further anxiety.

Last year was a horrendous year personally, but despite that I was determined to get out of the Performance Improvement process and took no time off for a year and remained focussed on my work. Until my caution and the day I collapsed I felt I could get through the process and ignore what I feel has been a discriminatory and unfair handling of my case. Now I feel de-motivated and unable to concentrate when I really need to.

I feel stuck. Any advice welcome!!

Answer - Thank you for your email. I am sorry to hear about the problems you are experiencing at work.

Question - I'm currently off work sick as i feel i can no longer work for the company due to bullying, harrassment and the fact that the bosses are continually making me break the law my making me drive unroadworthy vehicles which are also not taxed and insured.
I have spoken to my bosses regarding these issues but i haven't formally placed a greivance. I feel i can no longer go back to work as they will continue to make me work in these conditions though i can't afford to leave as i won't be able to aupport myself financially until i find alternative employment.

Answer - I am not surprised that your employer's actions are causing you such stress.

Question - We have just been advised that we may be made redundant. Its abit complicated as we have been TUPED over from a LA to private sector. They have asked whether we would like to take voluntary redundancy.

However, we do not have a Chief Executive in place at the mo and they cannot make any decisions yet. Should the organisation go into negotiations with Trade Unions?

Is it right that they can ask people to go for voluntary redundancy when we do not have all the information therefore individuals cannot make informed decisions?

Answer - If at least 20 redundancies at any one establishment are proposed, the employer is required by law to consult collectively with the relevant trade union(s), or in the absence of these, elected employee representatives. The employer is doing nothing unlawful by inviting applications for voluntary redundancy at this stage - it is up to each employee whether they wish to apply, given the circumstances that you describe.

Question - I am currently on sick leave due to an operation on my foot. I had the operation on the 8th June ( I had not been there quite a year) and consulted with my line manager BEFORE I had the operation regarding paid sick leave, how long I was entitled to etc.

She came back and told me that I was ok to take the time off and would be fully paid for 6 weeks sick leave, then half pay etc.
Well, I got paid on the 25th June and I was paid only £ 900 ( it should have been £1,600).

I rang HR and they inform me that due to the fact that I'd been there for less than a year, I was not entitled to what I had been told I was entitled to, but as of the 29th June, I was entitled to the full rate.
I was not informed of this BEFORE the operation, if I had been,I would have postponed my operation for a few weeks and been within my supposed rights.

I am livid that they paid me £700 short due to wrong information on their part, but I get penalised.

What are my rights in a case like this?

Answer - I am sorry to hear about the problems you are having with your employer over sick pay.

Question - I have been working for my current employer for 10 years and very rarely take sick time unless I'm very ill. Weather I get full sick pay or not completely depends on my employer's mood. Sick pay is not mentioned in my contract but surely I should be entitled to more than statuary sick pay or even something consistent after such long and loyal service?

In my contract I am entitled to 15 days paid holiday per year plus public days and any holiday arrangements must have my employer's approval. The problems are I am not granted permission at times that suit me and I am still liable for all the work. In 10 years I have only had 1 fortnight's holiday during which my boss phoned me constantly and on my return I had to work additional evenings and weekends to get through the backlog of work. This was incredibly stressful and I never want to have to do it again. I was also refused overtime pay as my boss truly believes I am still liable for all the work and refuses to bring in a temp. A similar situation even arose when I had to take 4 days off when a member of my immediate family died. Overtime is not mentioned in my contract can I be forced to do it? My hours are stated in my contact can I be refused extra pay for overtime?

Answer - Unless there is an entitlement to contractual sick pay in your contract you have no right to anything more than statutory sick pay.  From what you say your employer occasionally exercises a discretion to pay you more but based on the information you provide there is nothing to indicate that a contractual arrangement exists for you to receive this as it is not always paid and you do not have an expectation that it will be paid.

Question - Maternity rights - I have 2 questions regarding maternity. I am planning to take 4 weeks holiday before my offical mat leave begins. If the baby is early I understand I have to be put on maternity straight away. But can I be paid for any holiday I was not able to take, or can I carry it over to the next year and add it to the end of my leave, bearing in mind I will not be returning until after the usual carry-over period has finished. I am hoping the untaken holiday won't just be lost. Secondly, I am considering asking the doctor to sign me off due to back pain at work. At what point can my employer insist I am put on maternity leave and not off sick?

Answer - I thank you for your email and confirm that you can add holiday to the beginning or end of your statutory maternity leave.  You may not be able to carry over an untaken holiday entitlement of your maternity leave goes over two holiday years so it is often best to take it at the beginning of your leave.

Question - Hi I plan to go on maternity leave from Oct - Jan 2011. Our office is usually closed during the whole 2 weeks (or so) over the Christmas/New Year period with no additonal annual leave deducted from employees. Will I be entitled to any form of 'compensation' from the office closed?

Answer - Thank you for your query

Question -I'm a mother of 3 children all under the age of 16. I work full time. I would like to go part time. There is a vacancy from 1pm-6pm but that would not help with looking after the children. Can I ask for different hours? and what rights do I have?

Answer - I confirm that you have a statutory right to request flexible working and your employer has give your request serious consideration.

Question - After a short period off work, due to a broken arm, my manager vebally threathened to break my other arm. He has also telephoned me at home to ask why i had'nt done one particular task. Another time he called my home and told my wife that i'd had an accident because i wasn't back in the office from sending me home to get a sick note for my broken arm. Can you advise me on what i need to do. I have complained to my other manager and she just called a meeting and i had to explain to him my frustrations. Nothing came of it.

Answer - It appears that you are being bullied by your manager and your employer should not allow this to continue.