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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48556
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was forced to carry on working as Harbour Master with a

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I was forced to carry on working as Harbour Master with a reduced Salary of £15840. My Salary as Port Manager and Harbour master was £32800, but the Borough Engineer demanded the merger of my Dept to boost his Pension. The old Chief Executive refused to sanction his approval and exploded in a verbal rage on being told of the Bpr. Engineer's intentions. The old Ch Exec was retiring in a month's time and the Bor. Engineer told everybody that the merger would take place following the retirement. I was called into the new Chief Executive's Office after the Ch. Exec's Retirement to be told that I was no longer Port Manager but still Harbour Master. My Salary was cut by £15840 from £32k down to £17K. and I was forced to work under the new Salary for 2 years or the new Chief Executive told me that I would be breaking my Contract of Employment. No new contract of employment on the lower salary was ever issued. 2 Days after the end of the second year I approached the Ch. Exec to se if I could go back on my original Salary. He screamed at me refusing to sanction his approval. Then the Borough Treasurer asked me to visit him in his Office where he showed me that the money taken off my Salary had been placed on the Borough Engineer's salary 30 days before the retirement of the Borough Engineer. This was just as forcast to me by the recently retired Ch. Exec who has passed away now. I had it in writing that the Borough Engineer had no place in his Dept. for a Master Mariner and that I must make use of his untrained staff to service shipping or be dismissed. Within a week I was told to leave my position by a former ABports Engineer who had become Harbour Engineer after leaving the Port of Barry. He took exception to his former colleagues informing Weymouth Harbour staff the reason for his dismissal.. --And I was an ex employee of ABPorts in Southampton. I took industrial action against my dismissal and was told that as I had worked 2 years on the reduced salary (Forced to), no compensation was possible. The Borough Treasurer immediately resigned his position.
Now I find that I have lost 23 x £7200 in my Pension Funding, but to match all of this fiasco, the Chief Exective of Weymouth and Portland Borough Council who has retired after forcing me to work under duress, has recently presented himself into my garden where he tried to apologise for his actions saying that he did not mean it. I have all of the Papers relating to my termination of employment from my Solicitor whose Office posted the large files to me saying that they might be needed in the future. The actual Solicitor has long retired and postage alone cost £17.0 Can anything be done as I am not only a carer now but short in funding? What a mess to be in?
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

Why have you lost all of this pension funding and what are you hoping to achieve in this case?

Customer: replied 1 month ago.
My pe n
My pension is based on final average salary of the last 3 years salary which should have been £32.000 not £17k My then Chief Executive has just told me that he didn’t mean what he said but the new C E will not do anything. I have letters to prove all of this but currently my printer and copyer is not working
Customer: replied 1 month ago.
Thank you
Customer: replied 1 month ago.
Can I call the Solicitor today on his? Tel number?
Customer: replied 1 month ago.
Please assist me.
I have lost this vast sum of money due to the final average salary being made up of two years at reduced salary and one at £32k. The retired then Chief Executive Mr Murray Ashby has recently told me he did not mean what he said by making me work for the two(2) years on the reduced salary. I was warned by the earlier Ch Exec. Mr Robin Norman that the Borough Engineer was desperate to increase his Pension by taking over my Harbour Department about which he knew nothing. He appointed an ex Associated British Ports Engineer who I later discovered had been dismissed his position in Barry due to him trapping three(3) vessels in the Docks by carrying out repairs to a bridge without giving Official Notice. When Mr Galivan found out that I knew the reasons for his arrival in Weymouth he used the same procedures to remove myself and my successor who resigned . Nobody in the Engineer's Department of both the Local Weymouth & Portland or the Merged West Dorset Engineering Depts. would work with Mr .Gallivan and he was dismissed being paid £160K to stop a Court Action.. My pension should have been based on my former salary £32k not £17k.
When the local Borough Treasurer found out and after showing me the Final Salary Statement for the retiring Borough Engineer he resigned and moved to Purbeck District Council. He passed away last year.
Expert:  Ben Jones replied 1 month ago.

Thank you. The issue here, as you have been advised before, is that you continued working on the new terms for 2 years. This could amount to an implied acceptance of the changes. If you had accepted these changes (even if it was an implied acceptance where your actions of not doing anything about it formally suggest it was accepted) then it may be difficult to claim for it now.

But to be honest unless you try you may never know so the only thing you can do now is to consider a court claim for it. This is not something that would go in the employment tribunal but it will be the County Court. The tribunal claim you made in the past and its outcome would have no impact on the new claim which will be considered afresh.

Before you consider legal action you should of course try to resolve this directly with the employer but if they refuse to then you will be relying on legal action as an only resort. It is possible to offer the chance of mediation or ADR (Alternative Dispute Resolution) but you cannot force them to participate in this process and if they refuse then you will have to be making a claim.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to take to pursue this further legally. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 month ago.

Thank you. As mentioned at this stage all you can do is consider a civil court claim for compensation for the incurred losses.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.