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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10457
Experience:  Barrister 17 years experience
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Where there is conflict between the 'letter' and spirit of

Customer Question

Where there is conflict between the 'letter' and spirit of the law , which should a judge or magistrate favour , please ?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you. What is the case about please?
Customer: replied 1 year ago.
As an Agency Worker both the agency and client totally ignored their own published company policies , ACAS Code 1 , Agency Workers Regulations and human rights to find me guilty , by internal hearing , of an unfounded allegation . No investigation ; no fair trial ; no appeal either of the original judgment or subsequent dismissal for the alleged offence . Local solicitors claim that the contents of Induction Manuals do not render my employment arrangement contractual . I disagree on grounds of justice , fair treatment , respect and common sense . They also claim that agency work is not covered by Employment Law ! I disagree . I am now dismissed with an unjustified blemish to my name and untold potential damage to my re-employment prospects . This is not just . The law is not working for Agency Workers .
Expert:  Buachaill replied 1 year ago.
1. Dear Geoff, the first thing is that your employment and agency agreement are both covered by employment law. One of the rules of employment law is that there should be fair procedures in any decision making taken in respect of your employment situation. This is guaranteed by the Human Rights Act and Article 6 of the European Convention on Human Rights. In this situation, the process whereby the decision was made to find you guilty of an allegation was grieviously flawed in that fair procedures were not followed. Fair procedures would be implied into the employment law relationship even if they were not explicitly stated.
Expert:  Buachaill replied 1 year ago.
2. In any employment law situation, both sides must be heard where there is an allegation made. Both sides have the right to legal advice. Any hearing must be in accordance with fair procedures. Additionally, there must be one right of appeal from the decision made. As none of these strictures were followed, your dismissal was unlawful in this instance. So you should speak with a solicitor about taking legal action on your behalf or else, speak to your union rep and get redress for unfair dismissal.
Expert:  Buachaill replied 1 year ago.
3. It makes no difference to the situation that you were an agency worker. These fair procedure guarantees apply equally to agency workers as they apply to full time workers. So make the trip to see a union rep or your solicitor.
Expert:  Buachaill replied 1 year ago.
4. Please RATE the answer as unless you Rate the answer your Expert receives no payment for answering your question so there is no incentive to answer any further questions.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10457
Experience: Barrister 17 years experience
Buachaill and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
According to the Bar Council you do not exist as a barrister . I therefore treat you and JusyAnswer as potentially fraudulent and I want my money back , please .
Thankyou .
Mr. G.P. May .
Expert:  Buachaill replied 1 year ago.
5. Dear Mr. G.P. May, I can assure you I do exist as a barrister. However, if you wish to get your money back, and aren't happy with the quality of the legal advise, please speak to Customer Services.
Customer: replied 1 year ago.
Hello Buachaill ,
I note your insistence . If you are genuinely a barrister then prove it by giving your full name and professional qualifications , please .
Thankyou .
Yours sincerely ,
Mr. G.P.May .
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.
Is there a problem verifying Buachaill's authenticity ? I still want my money back until authenticity is confirmed or I will report this website as potentially fraudulent .
Expert:  Nicola-mod replied 1 year ago.
Hello,
Every Expert goes through a vigorous, two-step identification process using independent third party companies that specialise in the work.
Unfortunately we cannot give out personal details online, but I can assure you that the verification has been completed.
Thank you,
Nicola
Customer: replied 1 year ago.
The Bar Council has no record of a barrister called Buachaill . Prove your claim or my money back and a report to the Police for investigation .
Expert:  Nicola-mod replied 1 year ago.
Hello,
I understand your concern, but please note that Buachaill is simply a profile name, so there would not be a record under this name.
JustAnswer is aware of the Expert's real name and qualifications, and he has been verified under that name.
Unfortunately I am not able to give personal details out online.
Thank you,
Nicola
Customer: replied 1 year ago.
He could be anybody . So could you . In fact , according to you he is both a barrister and a solicitor ! No authentication , no deal .
Expert:  Nicola-mod replied 1 year ago.
Hello,
Upon checking our administration records, the Expert has been listed as an attorney on our sister, .com site, as a general designation.
As I said, the Expert has been satisfactorily verified by us.
However, I am very happy to offer a refund as you are not satisfied with the service (as per our terms and conditions.) Please let me know how you'd like to proceed.
Nicola
Customer: replied 1 year ago.
Full refund [ £34 ] please .
Thankyou .

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