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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10397
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I spoke with you yesterday.I need more answers. My question

Customer Question

Hi, I spoke with you yesterday.I need more answers.
My question are:
• If I live the job now can I claim breach of contract for 2 express terms of my contract and Health and Safety with the same claim what I've done on 14 May 2015 for unlawful deduction from wages. If yes when is the last day when can I claim breach of contract. My contract was breached on 28 May 2015 with the defence.
• If I will claim breach of contract can I claim as well Constructive Dismissal and Discrimination at the Employment Tribunal. If yes when is the last day when can I claim.
• I need another ACAS certificate for Constructive Dismissal and Discrimination at the Employment Tribunal
• On 14 May I call them to the Court for £255,if I will claim Breach of contract can I get more compensation or I will get only £255
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please clarify exactly how your contract was breached and what losses you have suffered as a result?
Customer: replied 1 year ago.

My employer don't pay the Company Sick Pay Scheme on 25 March 2015.I had a grievance meeting with Warehouse Manager on 21 April 2015 and I don't have any answer after the meeting. They don't give me the right to appeal any decision.

After advice from ACAS , Citizen Advice Bureau and Employment Solicitor on 14 May 2015 I call my employer to Small County Court for unlawful deduction from wage. ACAS issued an Early Conciliation on 13 May 2015.

On 28 May 2015 when employer done the defend to the Court they breach trust and confidence and 2 express term of my contract. Grievance and Company Sick Pay scheme are contractual. On the defence my employer told me they post grievance answer to me and I don't want to do an appeal, and in 2013 they implemented new terms in my contract and I'm aware of this formal notification.

When I saw this defence I wrote another grievance letter and I told them they breach trust and confidence and 2 express term of my contract. I request to see proof of postage for grievance letter and my signature where I signed to accept new terms in my contract.

I told them ,, Introducing changes to an employee's terms and conditions requires agreement by both parties; leading me into working under the new terms in protest''.

My employer refuse to call me for a meeting after second grievance letter and send me a letter home on 7 June 2015 which they told me they post the grievance answer and they don't remember the date when was sent and they don't change the terms and condition. If I want to do an appeal they will arrange a meeting in 5 working days.

They try to intimidate me to not continue anymore with Small County Court as they get legal advice and I don't have any chance to win and if I want to do an appeal of this letter to do in 5 days and they will arrange another meeting in 5 working days.

I've done the appeal and told them I believe my contract has been unlawfully breached and my trust and confidence in the Company has been lost. This include:



  • Failure to investigate properly an employees grievances.

  • Failure to follow company procedures

  • Introducing changes to an employee's terms and conditions without my agreement


They never call me for an appeal meeting (15 days already).They discriminated me all this time (I have audio records): They offered me a red pen to write on my orders and my colleagues with black, all my orders to be checked and my colleagues no, discriminate as well all the people from the same country with me to not call them to interviews for new jobs and I cant get anymore half night holiday but my colleague yes.

They breach my contract again with Health and Safety which I have documents and pictures. Employer refuse to do service maintenance for any truck in the warehouse.

I wrote a letter on 15 June after one of my colleagues had an accident which involved one of the PPT trucks when the rubber came off the wheel; fortunately with no harm caused to person.

I wrote about the accident and this,, As a Health & Safety representative and Warehouse Manager it is your duty to provide a Health & Safety environment to your employees as stated in handbook:

The provision and maintenance of equipment and systems of work, that are safe and without risk to health, plus control of safety risks arising from the Company's activities''

At this moment I have 1 grievance meeting without any answer an right to appeal ,another grievance letter without hearing,1 appeal letter without answer,1 letter for Health and Safety without answer(16 days already).

My question are:



  • If I live the job now can I claim breach of contract for 2 express terms of my contract and Health and Safety with the same claim what I've done on 14 May 2015 for unlawful deduction from wages. If yes when is the last day when can I claim breach of contract. My contract was breached on 28 May 2015 with the defence.

  • If I will claim breach of contract can I claim as well Constructive Dismissal and Discrimination at the Employment Tribunal. If yes when is the last day when can I claim.

  • I need another ACAS certificate for Constructive Dismissal and Discrimination at the Employment Tribunal

  • On 14 May I call them to the Court for £255,if I will claim Breach of contract can I get more compensation or I will get only £255

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Yes is OK. I will wait your answer.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola

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