Q:

i want to work in channel (news or entertainment will u advice me to looking a great job. By Mandeep Soni

A:

Apply yourself and produce a CV or website and be willing to work for free.

Q:

I have worked for my company for 9 years. Can they force me to sign a new contract of employment for a 46 hour working week?. I am classed as disabled due to work related injuries and have been told if I do not sign I will be fired from my job. By paul

A:

If the hours you worked have increased considerably and the conditions are very different to thise you presently work to, then no they cannot dismiss you. They need to consult if the changes are necessary but the must provide you a minimum of 9 weeks notice if there is no agreement to the changes. At this point they must offer you a new contract which even if you do not sign but turn up to work for 46 hours a week, you have as good as agreed. In terms of your disability, they need to consider reasonable adjustments to your work area and reduce hours if this is related to your 'injury' otherwise it could be discriminatory.

Q:

can my employer make me use my personal holidays for a longer shutdown period over easter after the holiday year has already started. they only gave us a few weeks notice. By david

A:

They can ask but you do not have to agree. You must take holiday when you wish but give them twice as much notice. They cannot then unreasonably refuse this time away. Otherwise they can do a deal when they shut down and you go on holiday but their needs to be consent by you.

Q:

Hi iam an electrician working for a chap,who employs just me and another.When i first started work with him he was struggling,so i just said to him pay me when you can.Well a year went on and i only realised how little it was until i got my books in to the tax office.I first started with him five years ago.I still work for him the amount he owes is two thirds of my yearly income so its quite a bit.He has given me £3,500 to date but is slow on the rest.What iam worried about is he will retire in a couple of years so legally how do i stand can i put a winding up order on him . Thanks derek. By derek

A:

That's a good question. I would make sure he is up to date now with all your money. This may be difficult to porve and the longer this goes on the more it looks as if you are happy to work for a third of your supposed 'real' pay. You can have a statutory demand sent to him but this is a drastic measure which comes after he refuses to pay. Politely ask for all back pay now or pay until all is paid and then you will return to work...

Q:

Hi iam electrician working for a chap, By derek

A:

That appears to be a statement not a question (other than the question mark). What is your question?

Q:

I work for a large company Union and non union members We are currently in pay talks The company as said that if we get a pay rise money will be deducted or witheld from non union members because the union will have fought for their members only Is this legal By tex

A:

No it is not. It is also breach of contract.

Q:

I signed a severence agreement after being terminated which outlined I would be paid for my last week of work and severence pay of one week.I have returned all items as outlined in the agreement but was not paid my wage nor severence. I am an outside sales rep who works from home under a w2 status. do I have a case? By Lollie Baker

A:

yes. It is a case of breach of contract.

Q:

Hi\r\ni was working as a Receptionist.on my holidays i fall sick .i informed my Employer.\r\nbut when i got back found out i got sacked few weeks ago.i am very surprised don't know what to do.\r\nThank you \r\nRekha By REKHA

A:

As long as you have not been discriminated against, if you have not worked there for more than 12 months, they can dismiss you without reason but subject ot your employment contract.

Q:

I've been asked to appear in a diciplinary meeting. What will happen if I go on sick By f fasuan

A:

You will be unable to attend the disciplinary until you are well enough

Q:

We employed someone to pave our garden-he didn't do what we asked and also stretched out the job.Although we paid him in cash we do have records of dates and amounts and still have the invoices from builders merchants.However the job needs re doing it is so bad-can we take him to court or anything ! Regards Beth By Beth Dale

A:

Not if it is a proper employment. You may sue him commercially for breach of contract however and if you have the proof of a contract.

Q:

I have worked for a large company for just over ayear and they have now said my work is not up to standard have i no rights .They said i have no rights till i have been there 2 years .I thought you have rights after 1 year By tex

A:

You have the right not to be unfairly dismissed after 1 year. This means that if they wish to dismiss you for your poor performance they have to have reasonable evidence that you have been made aware and are under performing to the extent you are incapable of doing your job.

Q:

On 01.02.08 i was told by my Union's solicitor that my ET1 application which was lodged on 18.01.08 by my GMB rep was out of time from the last work incident which was 06.06.07. My GMB rep said he thought the 6 month time limit was from the date of my grievance letter hence his late submission of the ET1 on my behalf. I knew nothing of the time limit until I was told on the 01.02.08. Will the tribunal allow my case and if not can I claim against the GMB rep? By Sandra

A:

The time limit is 3 months from the date of termination of employment for unfair dismissal and any other claim except redundancy pay (6 months). If you get a claim in within the time limit you must have made a complaint in writing about something other than a dismissal and have waited 28 days. This is extended a further three months from the last day of the three months. If you have made a grievance before and it is ongoing, you also may extend the time. In this case, if your complaint was for discrimination for instance, you should have made a cliam by 5.09.07 but if you have an ongoing grievance this is extended a full three months to 05.12.07. The claim would be only extended further if it is 'just abd equitable' which is a question for the Tribunal. You may sue the GMB if the condition was to represent you at Tribunal and undertake the legal work in doing so and they failed to make a claim before this time.

Q:

Is it legal for the NHS to advertise a job vacancy with a sjpecific closing date, but once a certain number of applications have been returned to them (within the closure date time-frame they can change the closure date at that point. Is this not unfair to candidates that have submitted an application within the time-frame ? What are the implications, if any, under employment law, fair recruitment and selection and equal opportunties? By joanne dylan

A:

There is no illegality in advertising a position and then changing a closing date. They cannot discriminate but if they have enough candidates or not enough they can extend the time you can apply to gain the best range or possibility of gaining the best candidate I'm afraid.

Q:

me employer wants me to make up any shortfall in the till. is this legal. At times there are other people who have access to the till as well as myself.\r\nThanks By CAROLYN GUNTER

A:

Under special regulations, it is possible to withold a percentage of wages but not necessarily make up the difference. Of course if you are suspected in taking cash, then it can investigate but the regulations apply to bar staff and witholding wages is unlawful unless it is for the payment of Tax and NI or they have your written consent in certain circumstances.

Q:

I have worked for the same company for 2 years I am now being made reedundant I am 45 years old and have been told i will get 1 1/2 times weekly wage and another 4 weeks redundancy Which all together equals 7 weeks redundancy is this correct By tex

A:

See my advice below. The minumum cash provided by the law is however many years service multiplied by 1,5 if you are above 42 x £330. (£990).

Q:

I am 46 years old and about to be made redundant from my employment Ihave been employed 2 years I am currently getting £400 per week How much redundancy pay will i get I have been told I will get 1 and a half times my wages for 2 years plus an extra 4 weeks money is this correct By tex

A:

Statutory Redundancy pay is calculated as after you have worked somewherere for two years, it is as many years service multiplied by £330. After the age of 42, it is 1.5. Therefore the minimum you should receive is 1.5 x2 x £330 = £990. Under your contract you may be entitled to be paid notice instead of working and it may provide for contractual redundancy.

Q:

ive been on ssp paye for the last six months for depression and stress this month i write in to my line manager for my wage slips and any thing i should know didnt get an answer so i emailed him still no relpy so when i got my money it was only 143 pound instead of what i usally get i phoned them the same day and they said they would sort it out and get back to me which they didnt so i phoned them again and they said they was waiting for a phone call and they would get straight back to me which they never and every time i phone them they anit very nice to me all i want to know is whats going on and what i can do i would be grate full if you could give me some advice thanks j emery By janis emery

A:

After a period of time SSP runs out and I am not aware of this being reduced unless the employer has subsidised this for 6 months and all you receive now is SSP. It is more of a benefits issue which you are paid through your wage slip. Try talking to the Dept of Work and Pensions. Otherwise, your employer may let the matter run or could ask you to go through an assessment to either return you to work or dismiss you on grounds of ill health.

Q:

ive been on ssp sick pay i normally get 240 pounds per month but this month i only recieved 143 pounds they keep taking money off me and i cannot return to work as i need to care for my son. i spoke to them today 28/1/07 at 14:00 and they keep saying there look into it and i get no reply where do i stand? By janice

A:

SSP does not last indefinitely so it depends on how long you have been receiving this. Statutory sick pay does not normaly reduce, it just stops but it is supposed to be a contribution whilst you are sick, it is not there to allow you time off for dependants. It may be a matter of looking into other benefits in the long term i.e. for someone to look after your son or help for you to care but it is not the employer's responsibility.

Q:

I WORK AS A CLEANER IN A LARGE CITY NIGHTCLUB . I WAS ASKED TO CLEAN THE TOILETS .WHEN I WENT INTO THE TOILETS THEY WERE FLOODED ANKLE DEEP IN URINE, VOMIT THERE WAS FEACES IN THE SINK WHERE SOMEONE HAD USED THE SINK BECAUSE ALL THE TOILET WERE BLOCKED AND OVERFLOWING I REFUSED TO CLEAN THE TOILETS AS I HAD NO PROTECTIVE CLOTHING ONLY A TOILET BRUSH AND A PAIR OS SURGICAL GLOVES I WAS THEN SUSPENDED FROM WORK IT HAS BEEN TWO WEEKS NOW AND I STILL HAVNOT RECIEVED ANY LETTERS ABOUT MY SUSPENSION IS THIS LEGAL AND ARE THE COMPANY RESPONSIBLE FOR PROVIDING PROTECTIVE CLOTHING WITH REGARDS G TAYLOR By george taylor

A:

I assume you have been suspended whilst being paid in full? The employer has an obligation to make sure your work environment is safe. To refuse to clean such a toilet and based on your description be in breach of your contract and the state of the toilet would be outside what would be reasonable to clean under your usual work. Refusing to undertake such a job would therefore not be a reasonable claim by your employer and likely to lead to an unfair disciplinary process. It could become unfair the longer you are on suspension

Q:

Can an ex employer withhold my wages? if so how long for? By stephanie

A:

It is unlawful to withold wages unless it is for payment of tax, national insurance or there is specific consent (signed agreement) that the employer can withold wages in certain circumstances. If this is not the case you can make a claim for non-payment of wages and potentially you may resign as a result and claim constructive unfair dismissal if you have been working there for more than 12 months. This is the case for any period of time and you should not allow this to continue for another day without at least writing to the employer stating that you will take action if payment is not received. This must be in writing otherwise they may delay it to a point where you have accepted any reduction or witholding of wages!

Q:

do i have to train a work collegue my job as instructed by my line manager. i am a payroll officer and have been told to train a collegue who has no payroll knowledge/ experience, i have told my line maneger i can show the payroll system but you cannot undertake payroll duties without payroll experience/knowledge By pauline hp

A:

There are clauses in some employment contracts which 'expect you to undertake some work outside your usual duties from time to time'. A broad clause like this can allow flexibility to the employer to 'order' you to undertake a task of this kind. If you are being paid and you do 'train' an employee, then it is seen as part of your job. Without a clause like this and if training would effect your normal work, you can refuse. You can state it is outside your contract and that the employer will either have to pay you more under a different contract or hire a trainer or send the employee on a course etc. Have a look at your employment contract to see whether the employer can reasonbaly ask you to train other employees.

Q:

my mum came in thi country working for someboby for almost 3 year. she worked everyday of all these three years. When I come in this country in 2004 the person my mother was working for sensed some danger that I was going to do something about it so they sent her back to zimbabwe within a week. I was shocked to hear from my brother that mum was back in zimbabwe. She came as a visitor and was not allowed to go anywhere by these people. I am so angry that they did not even bother to pay her. She was given I think something less than a thousand for all the 3 years she worked. Can you please help me to make these people just pay my mom. I am workin myself but I do not earn that much that I can pay some layers to deal with this case. It is slavely to its highest level. please please can you hel;p me. By peter majarira

A:

There may be a claim for unfair dimsissal and a breach of the minumum wage legislation. However, if she left employment more than 3 months ago this may fail and also there may be a fair reason for dimissing her for illegality. If she was not legally allowed to stay then the dismissal maybe fair howver, the employer could be penalised employing her as they should have known that she would need a work permit. Perhaps a matter for our immigration expert but please be patient with her answer.

Q:

i am working for a shop. they are dealing in fireplace. i am certified technician with gas appliances. that dealer fix every detail with their customer and then ask me to fix that appliance on some address at a certin time. they pay me fix rate of payment for that. one of their customer had sue me in health and safty court and i lost the case. now they send me another letter that as i put their life in danger and i have to put damages as well. i am very helpless. i have no insurance but the firm for whom i am working they have but they told me i m not their employee. give me your best advice.\r\nthank you\r\nazam By Azam sidiqi

A:

It depends on how much control your 'employer' has over you to determine whether you were employed or not. If you were employed then your employer is liable vicariously. You have stated that proceedings have been successful against you and therefore the argument may be too late. However, on Appeal or by way of a claim against your previous employer, as long as the work that you undertook was not so bad as to be seen as outside your usual employment, you may gain compensation against the employer payable by their insurance.

Q:

i have been asked by my employer to come for an investorigatory meeting into my work perfomance / conduct as i have told her and higher management that i am being victimised on a regular basis i would like your oppinion on me not attending this meeting and going straight to a disaplinery hearing so i can be represented by a union official i have been with this company for 19 years i am avery fit 61 year old By hugh bradbury

A:

If the meeting is truly a matter of performance and conduct but not a coincidence that it is soon after a complaint of victimisation, you may have a claim for age discrimination if the poor treatment you recieved was anything to do with your age. You may state this in writing now and make this a formal grievance because if you have not been told before today that your performance or conduct is poor, the process could also be procedurally unfair. It is not my opinion to refuse to attend meetings of any kind with your employer but ask if you may attend with a rep. otherwise you are not sure what the 'investigatory meeting' is investigating i.e It is either a disciplinary or a grievance meeting.

Q:

under what circumstanses can an employer refuse to give a reference rguarding a former employees work history By hugh bradbury

A:

They may refuse to give a reference. The only obligation they have is when they give a reference, that it is true.

Q:

i was summarily dismissed from my company which i work for almost 5 years.am i going to have a separation pay or any entitlement benefits. By claudio

A:

Probably not. It depends why they dismissed you without notice.

Q:

in the midle of a comprise agreement need advise By nick johnston

A:

What advice do you need or do you just require a solicitor to advise and sign?

Q:

l worked for an agency for 7 weeks without any problems except that he wouldnt give me my payslips on time,then in the last week l worked for him he did not come to pick me up for work.he called 45 minutes later and said he would come to pick me up and l said fine then switched off my phone.the problem now is he didnt pay me for the days l worked before the incident he says tha l breached the contract l had with him because l didnt go to work when l said l would but he is the one who didnt turn up.can l sue him for the money he owes me and for damages? By wadzanai changa maruta

A:

You can sue for the days you worked and didn't get paid. You can also sue for the notice period you would have been entitled to along with any other benefit within your contract. If you did not have a contract then a week's pay is the legal minimum (notice). You could also claim that the agency would provide work for a good deal longer and if you have been trying to find work with little success, then you can claim what you have lost in pay too but if you make a claim through the Employment Tribunal and win, they may not award you too far past the week after the last day you worked.

Q:

i was working for BA at heathrow for 7 years when i got fined for something out of work.my airside pass was up for renewal and need a CRB before it will be renwed that was in june 2007.the CRB came back as disqualified coz of the fined.i was suspended from work for 3 months coz they said i should have notified my manager about the fined 21 days after the sentence.(that i didnt knw about as i thought fines dont carry criminal record.i did tell my manager as he knew about it but that was after the 21 days.coz it was in confidence he denied me telling him.at the end of the day i was advice by my union rep to resign instead of getting the sack as i wont get a good reference when i need one which i did.the problem been that i came out with nothing for the time i was with them.i cant even get my staff travel facilities.as a resignee in the compan with 7 years or more the company law states that i am entitle to my staff travel.but they are saying for me not telling them about my fine,it a breach of trust from the company part so i am not entitle to my staff travel.is there anything i can do to get my staff travel reinstate back and are there other options i can follow?? By sidney

A:

Depending on the date you actually resigned, you could claim constructive unfair dismissal but it will be 'a long shot'. You voluntarily resigned albeit under advice of your Union, therefore to say you were forced to resign because you were being told that you had failed to inform BA of your fine, may be unsuccessful. If you write threatening or explaining this you could try and be reinstated which I presume will have to happen before you gain 'staff travel'.

Q:

i have a work permit and leave to remain til 2010.the company terminated my comtract,can i apply to other company and they will apply me a new work permit By claudio raphae

A:

You can indeed but you will need to inform the Home Office that the employment which is linked to your permit has ended. Your ex-employer may have already informed the HO but a new permit would need to be applied for by any new employer.

Q:

HI MY NAME IS JOHN RUFAEL.I CAME IN UK APRIL 2005.i WAS 17 AND HOME OFFICE GIVE ME FOR ONE YEAR. THAT MEAN RESIDENCE PERMIT.MY CASE IS ASYLUM CLAM FROM ERITREA.I'M STILL IN COLLEGE FOR 2 YEARS AND i'M STILL WORKING.i CAN'T GO BACK TO ERITREA.COS STILL NO PEASE,i CAME IN THIS CONTRY TO SAVE MY LIFE.I COUDN'T WORK PARMAMNTE JOB COS IT EXPIRE MY RESIDENCE PERMIT.MY SOLISISTER WRIGHT TO THE HOME OFFICE MANY TIMES BUT THEY SAID WAIT.PLZ CAN U HELP ME PLZ. By john

A:

Please refer to our Immigration expert.

Q:

My employer wants to change my annual leave entailment days to hours (28 to 224hrs) this is due to the fact they want to introduce new working hours. Is this legal? How and can challenge the employer? By Jamal Abdi

A:

The Working Time Regulations calculate annual leave on days NOT hours. Calculations are rounded up to days and therefore if the employer calculates hours, you must receive your holiday and have 'paid time off' in days!!. Challenge your employer by simply saying (in the most diplomatic way) that it is unlawful to calculate holidays in this way.

Q:

Hi\r\nI had a car accident 4 months ago caused by some extent by my diabetes. I returned to work 3 weeks after the crash after the ok off my GP who was happy for me to continue driving, working with machinary, lone working etc but am now getting demands off my employer for me to sign a consent form giving them access to my medical records. I do not wish to give this. I have said that I have no problem them asking my GP for any issue relating to my diabetic control alone. Do I have to sign giving full access to my private medical records? \r\nThanks\r\nMike Williams By michael williams

A:

No you do not have to agree that anyone look at your medical records. If you do not give consent to those records being provided, the employer cannot undertake a medical report. This would be required by the employer either for preparing a report to say whether you are able to carry out the work you do (safely) or to produce a report to see whether you are 'capable' and not disabled in any way which would either give them evidence to dismiss you or see if they could be liable for discrimination (if they wish to dismiss you). If you do not wish to give your consent, you can say that you will keep them informed of any condition you suffer from and that you are perfectly capable etc. This may not avoid however, them stating that it would be for your own safety that you must be taken off the job and dismissed anyway...

Q:

Hi,\r\n\r\n\r\n\r\nCould you please suggest me on the situation, which I have tried to explain in following para.\r\n\r\n\r\n\r\nI used to be a work permit holder and I left the job in November, after accepting another job offer. The time I left the job, work permit for the new job was not ready but had been applied for. Home office asked me to produce my passport to them so that they could curtail my stay in UK as work permit holder- I have got permission until 18th January, 2008. On the other side, to process the new work permit application, home office needed some information, on the job advertisement, which was provided on 19 December. My work permit application is under consideration since then, and as per my new employer's instructions I have also submitted FLR (IED) application on 7th January.\r\n\r\n\r\n\r\nNow in case I am required to make an appeal against the decision, they make against me, is it possible for me to stay within UK while my employer is making an appeal. \r\n\r\n\r\n\r\nI would really appreciate if you could advice me in your earliest convinience.\r\n\r\n\r\n\r\nRegards\r\n\r\n\r\n\r\nAsif\r\n By ASIF

A:

Although I have some knowledge of Work Permit Applications, I cannot answer your question as to whether it is lawful to remain in this country whilst you are awaiting an application for further leave to remain. May I suggest you ask the same question of our Immigration expert.

Q:

I have been used at work since September as an unpaid supervisor as the normal supervisor was off work sick. The lawful supervisor resigned her possition and we were told to apply for this postion which myself and another employee who recently started applied. the other person was formally told by the manager on Tues that she had got the position whilst I was on my days off when I returned to work on Thurs I was informed by other emploees of the situation I feel ii have been unfairly treated by my manager am I right in thinking this. When I asked her about this situation she denied that she had spoken to this other employee but it was comman knowlege when I went to work on Thurs. I was so angry that I walked out of work on Thurs. What are my legal rights? I have been employed with the company since August 2007 and have still not recieved a contract. By Sandra McNicol

A:

Unfortunately, you have no claim for Unfair/Constructive Dismissal unless you have been discriminated in relation to your sex, race, disability, sexual orientation, age or religous belief. You may have a claim for Wrongful Dismissal but it begs the question, if you were happy working for free since September 2007, what have you lost in money by being forced to walk out?

Q:

if you work a 12 hour bank holiday do you get a 12 hour lieu day? By andrew bishop

A:

No. If you work a bank holiday, under the Working Time Regulations, this is seen as working any other day. In this respect you can have any day off (in the year) as long as you provide enough notice to your employer (twice as much time as the time you wish to take as holiday). Hopefully by agreeing not to take the Bank Holiday off, you were paid a little more.

Q:

I have worked for my employer for over 17 years to date. They have not paid our December salaries and have advised that we stay at home until further notice. They have major financial difficulties and staff are anticipating confirmation of the company winding up, however we are just waiting. Have spoken with Acas and who advises that we issue a grievance letter and wait another further days, however with financial obligations this is not feasable.\r\nKindly please advise\r\n By Lisa

A:

It is good advice that you write to the Company now stating that you have not been paid and state exactly how much you are owed. You then could make a formal claim at Tribunal for non-payment of wages and breach of contract as well as Unfair Dismissal. The claim may not amount to a great deal as the financial difficulty may not allow for any suitable compensation payment but, if you wait 28 days (you may have to file the claim again by ticking the box that you have written with regards to non-payment and waited 28 days). The point here is that if the claim is processed quickly enough, although an employee is seen as a creditor and quite high up in the list of creditors, if you get a judgment and register this as a debt, you could then put a charge on property of the company therefore having the chance of receiving more than the statutory amount paid by the government of about £800 (capped). However, there may not be sufficient funds in any case for even any potential receiver to pay you or other employees directly from the Company's 'pocket'.

Q:

I have a dual citizenship and so two passports, a Russian and Isareli. My Israeli passport contains a visa called 'Work Permit Dependant' which was given to me as a result of mt father's work in the UK. This visa allows me to work however,my Isareli passport has expired, therefore my question is whether it is legally possible to use the visa on the expired Isareli passport when applying for work? By Sonya Khaliulin

A:

You may be better advised by contacting our immigration department with the same question.

Q:

i have work for acompany for 2months and the \r\ncompany did not pay me ,what can ido to get my\r\nmoney back. thanks. By richard davis

A:

You may make a claim for 'non-payment of wages' under section 13 of the Employment Rights Act 1996. Go to The Employment Tribunals website and complete a claim form. Essentially, you could claim 'wrongful dismissal' which is essentially a 'breach of contract' claim. You have suffered non-payment of wages as well as a notice period you should also have been paid for.

Q:

i was recently off work for seven weeks with stress.I work as a Dr receptionist. I had ameeting with my Dr about three weeks ago and he agreed to me reducing my hours by 4 half hours a week. I didn;t inform my line mamager as i thought that my Dr would inform her, but hen I went back to work she didn;t know what hours I wa sreducing to and so far has not tried to get anyone to do my hours. I put it in writing to her last week which she asked me to telling her what would be my hours of work. I need to know can i insisit on only doing my reduced hours? Should she have asked my Dr what i was going to do ? I was being payed to be Senior receptioinst, but resigned when i had the meeting with the Dr. My manager managed to stop this money but hasn;t worked out my working hours By Carol Sutton

A:

It is perfectly acceptable to 'negotiate' a change in hours. It appears however, that the 'new' hours were not specified in writing or agreed. In this instance, the original hours prevail unless you feel you can only work at the reduced time. Your employer I understand is now paying you less in line with the arrangement. If you are undertaking the reduced time and they are paying you accordingly, when this continues for 4 weeks or more, the new arrangment has as much force as though it were a 'written agreement'. As for who will cover for your old hours, that is up to them and if you start covering for no increase in pay, you could be consenting to reduced pay.

Q:

i am self employed and work away alot.can the company who i sub contract off,take 20% tax off of the stay away money?ihave also been told,that they cannot tax travel time,is this true?\r\n\r\n By nigel underwood

A:

As self-employed it is assumed that tax is your business and unless there is some agreement that they pay tax on your behalf and is lawful, I cannot see why this should be. I am not entirely sure what 'stay away money' is. If this is your costs of travel and board, then unless they agree to pay for this, then you should be paying the tax or claiming back V.A.T etc

Q:

as a sales consultant and wearing a badge with my my christian name and the firms name on it do I have to disclose my surname to a customer or just my first name. There are never more than 3 staff in the shop and we are all regular staff. By mrs olwyn murdoch

A:

You do not have to disclose your surname but it is your employer's policy to disclose your christian name. If you are forced to disclose your surname this is either a breach of mutual trust and confidence of your employer or a fundamental breach of your employment contract in your employers obligation protecting you at work and providing a safe working system. It could also be seen as a breach of privacy but unlikely to be successfully argued.

Q:

Are\r\n\r\n\r\n\r\n\r\nMy employer pays me £82 per week for a 20 hours employment.are there any reasons he can do this legally\r\n\r\n\r\n\r\n By mrs g smith

A:

He cannot do this if is below the minimum wage (hourly)further if it is below, you can gain the shortfall to be repaid over a period you have been paid under the legal rate, otherwise it is just a bad deal.

Q:

I am a painter&decorater. I have worked for my current boss for 14 years. There are currently eight of us working for the same company. i am hoping that you could give me some advice about a few issues that i have at work. The first issue is that we all have to use our own cars for work. We do not carry any paint for work just our own equipment. this means we are using our own family cars. Is our boss right by telling us that he is not responsible for providing us with a van for work purposes. My boss gives us a fuel allowance when we travel out of town for work but doesnot contribute towards any costs other than that. He says any wear and tear on the car or any problems we may have getting to work due to problems with our cars are down to us to sort out. Is he right to say this?. I have recently been told by somebody else that if i pick up a work colleague to take them to work, i should have business insurance to cover myself. I currently don't have this and it is not something my boss has ever talked to me about. If i was required to change my motor insurance would it be up to me to pay any extra costs?. By barrie marsh

A:

It is not that your boss has a right to ask that you must use your own vehicles but it is what is agreed. This would also mean that you are liable for that car including business insurance. If this is the requirement of all of you, you need to negotiate as a whole and gain either contribution towards the cost of running your vehicles (including insurance) or have a system where your boss gains a fleet of vehicles and off sets wages etc etc.

Q:

i was made to take my 2 year old daughter & 1 year old son to work as i had no childcare on xmas day in a nursing home, is this illegal? i was not happy about doing it as i'm a senior care assistant & have to administer medication By leanne thygesen

A:

You have the right to time off for dependants under the Employment Rights Act section 56A (I think). This is if you suddenly find it difficult to find someone to look after your children, you are immediatley safe from dismissal but the circumstances must fit (you cannot have time off work to look after children but look for childcare). In this instance, if you are able to do your work and the employer is happy that the children would be covered by any insurance to be at work, it is not unlawful but highly unsatisfactory. The onus is upto you to claim 'time off for dependants' however, it would be unlikely that anyone would look after your children on such a day.

Q:

Hi, I' m living in Uk with a student visa, i have gained some qualifications here, NVQ3 in childcare and a diploma in sociology.I also have an overseas qualification (Africa) , a secondary school GCSA' LEVEL in teaching (Primary school level).Actually i'm doing a BSC in sociology, I have been renewing my student visa every year. I working as a bank staff( part time) in a nursery where the want to offer me a full time position (because i work well and they don't want to loose me) , and want me to find out how they can manage to apply for a working permit for me regarding the fact that i have a student visa already.\r\nI honestly don't have any idea and I would like to know how to change my student visa to a working permit legally, i'm in UK since january 2004.\r\nCan you please give me some advise.\r\nYours sincerely\r\nJeanne\r\n By Jeanne

A:

To gain a Work Permit in your position you need an Application by an employer to the Home Office which would require the employer to advertise for your prospective position and if no suitable European candidate is available, the application can be processed to gain a permission to work in this country for that employer. Essentially, they must explain to the Home Office that you are one of few who are able to that job for them. Problem is finding an employer willing to do this.

Q:

I work in an Italian restaurant and I am paid £23 per shift ( after Tax ) wich they very in hours I work, some shifts are only 5 hours and other shifts are 7 to 8 hours and yet I still get paid £23. Is this legal ? I am also working this New years eve it will be 10 hours and the boss insist on only paying £23 for the whole 10 hour shift. Is that also legal? By Dolores Esmoris

A:

Before tax, the hourly rate should not be less than the minimum wage. Otherwise there is no obligation to pay you any particular amount including New Years eve its just normal that to make people work such unsociable hours, you need to pay more than just the usual rate. Other than that they need to make sure that you are not working without rests after every 6 hours but if you agree to work for such a price then there is nothing unlawful other than potentially the statutory obligations I have provided above.

Q:

My company is moving in the new year. I have decided i cannot get there only by walking, there is a bus service but i have to get 2 buses and will still have to walk about a mile, i cannot afford the bus fare every week, it is about 2-3 miles from my home by walking which means i will have to leave at about 7.00, when it is still dark and dark when i come home. When it snows or rains i will be soaked, and when its snow there is a hill (AND I MEAN A HILL) which i will have to get down and up, there is a short cut but it means going down a path which has trees and bushes on either side i will be wealking alone. Do i have to go to this new place. I am 52 and having been looking for a new job for some time, but it is very heard at my age. I dont mind walking as i have to walk about 1 mile to the company now. I have been with this company for 20yrs. By elaine hayashi

A:

If there is no other alternative other than the Company moving and the walk you would now have to undertake is a considerable struggle, you can put this in writing and state that you require the cost of a bus per week to be paid. You need to put this in writing before you turn up to work a number of times otherwise you would not be able to argue that the move has caused a fundamental change to your conditions of employment. If they do not accept that you should have your travel paid for or at least make a contribution, you may claim constructive unfair dismissal. However, you would need to resign quite soon after the refusal by them and you must prove that the change has made it impossible to do your job.

Q:

I work in a children's home for a local authority, my shift is upto 8 hours long and i don't receive any tea breaks or lunch breaks. I have ask them to give me one but they have said no. I have heard that under the working time directive this is illegal. Is this true and can i force them to give me a break. I live in Scotland by the way in case scottish law is different. Many thanks\r\n\r\nJon By Jon Gilmour

A:

Scottish law is slightly different but the working time regulations are the same. If you wish to make a claim, the Scottish Tribunal system is different procedurally. However, you are required a break of 20 mins every 6 hours worked. If they refuse any break in 8 hours, you can say it is unlawful. I would put this in writing demanding that The Working Time Regulaions require rest breaks and refusing rest breaks would lead to you making a formal complaint. If your employer still refuses, put down tools after 6 hours and stop work. It would be automatically unfair if they dismissed you and the letter (keep a copy) is evidence.

Q:

Dear Jonny,\r\n\r\nI write regarding details in respect of overpaid wages made to me by Liverpool City Council in 2001-2002.\r\n\r\nBecause of the Council Payroll's lethargy in this matter, it has been ongoing since May 2001 and is still not resolved as of 28th Dec 2007 despite my attending a formal grievance hearing in July 2006 which partially upheld my grievance. \r\n\r\n(* See summary of points 1 - 6 below). Is a fair, negotiated settlement or dismissal of their whole claim against me still possible? Is it possible to make a claim against them based on the stress and anxiety they have unecessarily caused me. (I am on medication now for this). \r\n\r\nRegards,\r\n\r\nJoe Robinson.\r\n\r\n* 1- 6 below\r\n\r\n1. Liverpool City Council Payroll first contacted me on this matter in Feb 2003 and next in Feb 2004. \r\n\r\nI replied immediately to each letter and they took 12 months to respond each time.\r\n\r\n \r\n\r\n2. A series of correspondence then went back and forth between myself and Payroll but the matter remained unresolved.\r\n\r\nIn June 2006 I put in a formal grievance to Liverpool City Council against Payroll's mishandling of the case.\r\n\r\n \r\n\r\n3. Payroll wrote to me on 3rd July 2006 and informed me that ‘the purpose of the [grievance] hearing [of 19th July 2006] will be to consider the events surrounding your overpayment…the management response to this and to deliver a decision within 7 days of the hearing.’ \r\n\r\nPayroll then wrote to me 13 days later and agreed that they 'did not act within an acceptable time limit' but that the grievance had been referred to Robert Corbett, (Assistant Executive Director - Financial Managment).\r\n\r\n \r\n\r\n4. I then received a reply from Payroll on 20th November 2006 stating 'that your grievance is partially upheld ...due to the length of time taken to resolve {the matter] '. A reduction of only 20% in the repayment was suggested but i was informed 'you do have the right to appeal against those parts of my decision that do not uphold your grievance.' \r\n\r\nI appealed immediately within the 7 day period stating the management failed...'to deliver a decision within 7 days of the hearing.’ I also pointed out that 'since...the hearing, another 4 months has passed, in which the worry, stress and anxiety the whole matter has caused me has only increased. '\r\n\r\n \r\n\r\n5. Unbelievably, I did not receive any correspondence from them after my appeal of November 2006 until I received an invoice from the Corporate Debt Dept. dated 4th September 2007. This was another 1 year and two months since the original appeal, - and approximately 6 and a half years since this whole thing began, a period during which it has been dragged out by the numerous delays caused by HR & Payroll and continues to cause me substantial worry and distress.\r\n\r\n \r\n\r\n6. I phoned Payroll and the Corporate Debt Dept immediately and emailed Payroll (Ms Lynn Noon - Senior Officer dealing with the case) who said she would get back to me asap. I am still awaiting any sort of reply from Payroll though the Corporate Debt Officer phoned me to say he was putting the whole thing on hold till it was resolved.\r\n\r\n \r\n By Joe Robinson

A:

Essentially, the original 'overpayment' was a mistake (I assume). If you have accepted this then the money must be returned. Of course, depending on the delay from when they and you realised that there was an overpayment, the repayment could be structured to cause you the minimum inconvenience but it is possible for the employer to deduct from your wages the overpayment (if it is indeed a genuine overpayment). During your very lengthy Appeal process you may be arguing that there was no overpayment but was an amount owed to you. If you were paid an extra £1000 6 years ago and it would have been obvious there had been a mistake, you can only argue that the amount should be waived or paid back slowly because of their mistake, however it is legal for them to ask for it back. In terms of the stress caused, you can claim along the lines of a personal injury claim for psychological injury, but this will rely on expert witnesses (psychiatrists) and at present it is unclear what they have done to make the situation more stressful than it would be anyway. They could argue both ways that they have not deducted the money after all this time and have negotiated by allowing you time to Appeal etc. You could always say that after this time they have effectively agreed (affirmed) you keeping the money but the facts do not appear to show this.

Q:

I have a letter from an organisation saying they will pay me university tuition fees, in fact the exact wording in the letter is "we will pay your tuition fees on your behalf" if they then say they will only pay the first third of the fee, due them realising that the fee would be too much (despite me warning them before hand of the cost) what is my legal position? Does a letter contitute an agreement that they must stick to or not? By Peter Turton

A:

If the letter was a letter of appointment and was part of a benefits package which you relied on to accept the 'offer'/ then there is an agreement which you may hold them to. If the letter was a general invitation to treat i.e. Is simply a letter explaining a possiblity to 'get your taste buds going', this will not be seen as an offer and therefore you cannot accept what isn't a legal offer. Courts look at these documents with each parties intentions in mind. Depending on the circumstances of the letter and whether there was a clear intention for both of you to create legal obligations i.e. an obligation on your part to be employed for a year or complete a certain period, they would then pay or contribute, then there is a breach by them if they refuse to pay as agreed. The loss would be simply the amount of fees but the employer may then terminate the employment contract with the proper notice.

Q:

Please, what is the procedure to take,if someone has being harassed and bulling in a work place.Thanks By olaleye akinwumiju

A:

The person affected by this should follow a grievance procedure which is both statutory and can be found in the employees handbook. The employer should investigate to the extent expected of a reasonable employer having regard to the size of the employer and the resources avaialable. A meeting must be held as to whether there is evidence of bullying and or harassment. Either the grievance is upheld or not but there is a duty of care owed to the employee for the the employer to provide a system of safe work which includes Health and Safety precautions and checking that bullying, harassment or psycholgical injury is prevented by perhaps dismissing any offending employee.

Q:

Please, what is the procedure to take,if someone has being harassed and bulling in a work place.Thanks By olaleye akinwumiju

A:

The person affected by this should follow a grievance procedure which is both statutory and can be found in the employees handbook. The employer should investigate to the extent expected of a reasonable employer having regard to the size of the employer and the resources avaialable. A meeting must be held as to whether there is evidence of bullying and or harassment. Either the grievance is upheld or not but there is a duty of care owed to the employee for the the employer to provide a system of safe work which includes Health and Safety precautions and checking that bullying, harassment or psycholgical injury is prevented by perhaps dismissing any offending employee.

Q:

morning and merry christmas,\r\ncan my boss change my role without prior/advance notice?By richard probets

A:

Not if the change of role is a fundamental change. If he has asked for it to be changed and you undertake the new role for about 1 month, then you have agreed to that without needing to sign any new contract. If you have been asked and you have refused, at the absolute minimum, he needs to provide you proper notice and consultation otherwise it is a breach of your employment contract.

Q:

test email\r\nhow are you?\r\nHave a Great Christmas and we hope to see you early in Jan By Mr Bal

A:

Getting through the backlog, despite some people giving too much detail online.

Q:

Our company has had a christmas holiday shutdown every year for at least the last twenty years. This involes using up some of our annual holiday entitlement as well as having the bank holidays. We have now been told that the only time off we will be having at the end of 2008 is the bank holidays, is this lawfull. By Gary

A:

It is not lawful put in that way. You can have any days of your holiday entitlement at any time of the year as long as you provide twice as much notice as the time you wish to be on holiday and the employer cannot unreasonably refuse this. That is the law, if they say you can't have holiday other than Christmas and Boxing Day you just put in a holiday request (as above)for other days during that period. Normally it is the other way round when they say you must take holiday. Difference is that you normally take it and agree. If they say they are too busy, you can claim that refusal is against the Working Time Regulations.

Q:

My story as a Nigerian under the HSMP scheme\r\n\r\nBackground\r\n\r\n1. After attending training at the United Kingdom’s Telecommunications Academy, I finally migrated to the UK on 1 October 2006 under the Highly Skilled Migrant Program (HSMP) with an initial one-year working visa to seek and continue employment in my profession. I hold a bachelors degree in Electronics and Computer Engineering (2.1 a Cisco Certified Network Associate CCNA qualification, an IT Network Technician from the UKTA for Network+ and Comptia A+. An award winner on Electronics projects by the Institution of Electrical Engineers as a young member of the IEE which was published on the global IEE Newspaper. I exhibit various documents at ‘‘AU2’’. I have about five years work experience in various ICT/Engineering disciplines, yet, I am a security guard and a labourer having been put out of professional employment in the UK for reasons that I cannot explain. \r\n\r\n2. In spite of the myriad of job applications which I have been making since 2nd October 2006 on carefully selected positions, I am yet to get back to a highly rated professional job which I did last in Nigeria in September 2006. I have made at least 800 carefully selected job applications between October 2006 and August 2007 and I can produce record of at least 550 job applications. These are positions where my skills, experience and qualifications are required. The closest positions where I did some contract roles are with ChuIT limited and Ciacom Solutions, proof exhibited at ‘‘AU2’’. ChuIT is an IT contractor who I associated with in its works just to enable me gain ‘‘UK experiences’’, and through my work with the contractor, I gained some experiences. I was shuttling from Aberdeen to London between October 2006 and March 2007 within this period. \r\n\r\n3. As it became obvious to me that there are more job opportunities in London in the IT sector, I finally relocated to London in April 2007. In April 2007, I travelled to Nigerian to execute a project where I designed and installed IT Network infrastructures for a medium scale company. The earning from this job was injected into the UK economy and formed part of my earnings in my application to the Home Office to progress my status under the HSMP scheme. \r\n\r\n4. In July 2007, I pleaded to be accepted on a job at a very low pay with Ciacom Solutions (July – August 2007) and when the company lost one of its contracts, my employment was sacrificed to compensate for the loss of contract (documents exhibited at AU2). My search for better employment opportunities has been vigorous and intensive. Different agencies and recruiters have given me different reasons as to why my applications could not be progressed and sometime there reasons are in conflict and this has put me in a difficult situation. These agencies will usually match my skills with the job spec and contact me. When they eventually drop my application and I enquire as per feedback, they would either say that I am over qualified, or they would say that there are better candidates. Others will simply ignore my request for applications feedbacks.\r\n\r\n5. Nevertheless, I have attended a few interviews and at least three of the employers who were able to take me through to a final interview stage claimed that I am over qualified, too experienced or highly innovative and that I may not be challenged by the positions on offer (documents exhibited at AU2 yet I am doing the job of a security guard with a Security Company and a labourer to earn a living (documents exhibited at AU2). Resorting to such low skilled jobs as survival instinct is a measure that was borne out of frustrations and to say the least, I am running down my career and ambition but there isn’t much I could do about my situation.\r\n\r\n6. I have attended different career counselling sessions to find out what could be the cause of my unsuccessful job applications, but it has not been traced to anything with my CV or skills or qualifications. In my enquiries, some recruiters have either explained that I do not have UK work experience or that I am required to have a security clearance. Either way, these are tasks which I cannot achieve as an individual; they can only come through the help of an employer on when I’m on employment. In April 2007, when I travelled to Nigeria, I had the Nigerian Police Force run a Security Check on me and issue me a Police Character Certificate carrying my 10 finger prints (documents exhibited at AU2). This is in an effort to prove my character, in case a potential employer comes up with the issue of security clearance.\r\n\r\n7. On the issue of the Security Clearance, I instituted enquiries with the, Home Office Work Permits, Cabinet Office, MoD on Security Regulations, Defence Vetting Agency, MOD Correspondence Unit, Experien Company (background check.com). The reply to my enquiries from these agencies reinforces my belief that I should not be discriminated in my job applications. I exhibit various documents at ‘‘AU’’. Yes, I have also understood that there are some positions reserved for British nationals only. This is understandable. According to the Security Regulations, and in reference to the Cabinet Office publication on the STATEMENT OF HM GOVERNMENT’S VETTING POLICY TO THE PARLIAMENT ON 15 DECEMBER 1994, it is understood that any requirement to hold or undergo clearance should only be attached to a contract when it is demonstrably necessary, appropriate and proportionate. It is stated that as a general point for legal and policy reasons, security vetting should only be carried out where there is a specific requirement. It was explained that the requirement of Security Clearance is to ascertain the reliability and trustworthiness of a personnel who may have access to some ‘‘confidential’’ information, and that it is not granted to British nationals only. That not having a British passport is not a bar to obtain a security clearance. \r\n \r\n8. At least two recruitment agencies have replied to my job applications and explained to me in writing that their client would not accept my application because I am a non British national or British passport holder (documents exhibited at ‘‘AU2’’) and several others have explained that their client would not accept applicants from Africa irrespective of the work status but would not agree to put it in writing. When I asked about the identity of the potential employer, the agencies would say that their client details are confidential. I have taken my complaints to the Home Office Work Permits on two different occasions demanding explanations as to any restrictions on my HSMP visa while narrating my experiences with some recruiters. The Home Office Work Permits have replied that I do not have any restrictions whatsoever provided that I am qualified for the job and that the agencies do not have to conduct a separate search for HSMP visa holders. I exhibit documents at ‘‘AU2’’.\r\n\r\n9. I have sought advice from friends and other colleagues from the HSMP forum and a few colleagues have narrated similar experiences. However, it has been very difficult to get convincing evidence that may be used to support a case of discrimination as I have learnt from my own experiences some of the recruiters would employ different measures to ensure that they do not leave any substantive evidence that can be held against them. In most cases, the recruiters have telephoned me with withheld numbers and they would never get back to me after getting responses as to my nationality. Other would state that the clients are confidential, while others would not disclose or advertise the vacancy details until they have got their choice candidates. From the ‘‘Five King Principles’’ in the case of King v The Great Britain-China Centre [1991] IRLR 513, the Court of Appeal has stated that it is unusual to find direct evidence of racial discrimination. That it should be recognised that few employers admit discrimination and that in many cases, discrimination is unconscious or based on assumptions and stereotype. Also in another reported case, the EAT in reaching a decision stated that ETs should note that direct evidence of discrimination is unlikely to be available. It further stated that Applicant may need to rely on discovery, questionnaires and statistical information. That Statistics alone will not be sufficient proof of race discrimination. ET should draw adverse inferences from unsatisfactory answers to a questionnaire. Should allow Applicant to ask for further information, but should allow the respondents to argue that this would be unnecessary, oppressive or too wide.\r\n\r\nThe Challenges\r\n\r\n10. In other private consultations, I have been told that it is difficult to prove a case of race discrimination and that there isn’t much anyone can do about it. I have also thought about the plight of my colleagues at the HSMP Forum who have been demonstrating following their inability to meet up with the employment requirements placed on the HSMP visa by the Home Office. I exhibit documents at ‘‘AU2’’. At least if a substantive level of discriminatory practices can be traced to a pattern, then it may form a good point of reference to address the plight of the HSMP migrant workers like myself, otherwise I would be forced back to the job of a labourer or security guard in spite of my educations, qualifications and experiences and this is my ambition and career being destroyed.\r\n\r\n11. With a feeling that my employment problems may be from issues relating to my nationality or race or immigration status, I removed anything that would reveal my nationality from my CV (documents exhibited at AU2). I refused to state the location of my place of studies or previous work and only left the contract work which I did here in the UK. I posted my CV at various online job boards, like Monster, Jobserve, CV library, exhibited at ‘‘AU2’’. To my amazement, between May 2007 and August 2007, I received over 400 telephone calls and at least 600 emails from different recruiters who would say that they have seen my CV and that my skills and qualifications match the position that they are recruiting for and would want to discuss the role further with me. Unfortunately, about 90% of these telephone conversations never went beyond the first telephone call. The caller would either ask questions as to my nationality or the country where I had my education or previous work experiences. When I reply as Nigeria, they would either say that they no longer have a role at the moment or claim that they were simply calling to inquire more about my current situation just in case something comes up or they would promise to get back to me with job the details but they would not. In most cases, there is no way I can follow up the call because the telephone call had come from a private number. This is the case with most of the agencies that have acted suspiciously.\r\n\r\n12. As I have made several application attempts for at least 8 months without getting a professional job similar to my last position in Nigeria. I contacted the former Commission for Racial Equality, CRE and sought advice but I couldn’t really substantiate my claim of discrimination because I do not have enough evidence. The commission however, sent me documents and leaflets where I read about different forms in which race discrimination can occur (documents exhibited at AU2). A particular case that seriously caught my attention was a reported case where it states: ‘‘Ms Thiruppathy applied for a job as a trainee solicitor with a firm called Steggles Palmer. She had all the right qualifications, but she didn’t even get an interview. She then sent off a fresh application as Jane Thorpe. She got an interview and won her case against the firm’’. I exhibit document at ‘‘AU2’’.\r\n\r\n13. In some application where I was refused suspiciously, I decided to reapply with the same CV but changed the name to an English name and stated that I am a British national. The same application that was previously refused would now be accepted, but I will decline to progress the application because it is an ‘‘artificial application’’ For the avoidance of doubts, the application on a different name came following my suspicion that my application was dropped because of my nationality and or race. It is a measure I adopted as a ‘‘tester’’ to confirm my suspicion. I completely deny any case of ‘‘Misrepresentation’’ Misconception of Serial litigant. Even in the case where I use the name, I would also withdraw the application once I have confirmed my suspicion. I am seriously looking for a job and I do not have any and I needed to find out why! I have used the Anglo-saxon name as to confirm my suspicion and it was introduced only after I had made my application without a response.\r\n\r\nThe Sacrifice\r\n\r\n14. About May 2007, I approached an IT recruiter in London and requested that I want to work for free. That they should submit my details to any of their clients and that I will work for two months without pay, explaining that I just want to prove myself. I narrated my difficulties in getting a job and explained that if only I can get into a company; that I believe I will showcase my skills. They promised to get back to me if they find any employer that will accept my offer of ‘‘Work without Pay’’\r\n\r\n15. Aside the fact that my career was at stake on the other hand there was pressure from the Home Office regarding my HSMP status. I would not be renewing my status if I am unable to get a skilled job because I would be seen as not being employable in the UK which falls short of the over riding objective of the HSMP scheme. \r\n\r\nThe Encouragement\r\n\r\n16. In April 2007, I commenced an application for an MSc programme on Offshore Engineering and Ocean Technology at the Cranfield University. My tuition fee is £16,000 excursions, excluding accommodation and living expenses estimated to about £8,000. I had hoped that if I get a job and work for some time, I may be able to advance my career.\r\n\r\n17. My colleagues who left for the USA are approaching the peak of their career. One works with NASA, the other works at a Robotics Labouratory, another, a lecturer at a University, another doing his Phd programme whereas I am a Security guard and a labourer in the UK. These are my colleagues who like myself, also worn the ExxonMobil or Shell University Scholarship awards in Nigeria under the national merit award. \r\n\r\n18. I do not want to live my life with the feeling that I am a failure. I can’t help myself, and I have lost self confidence. I have lost the courage to apply for jobs again. I no longer believe that I can pass an examination again or pass a job interview. My psychology has been strained. At extreme crisis situations, I have taught of giving up hope on my ambition because of the treatment I have been receiving, but I am ashamed of how disappointed those who look up to me for encouragement would feel. Nonetheless, I have an inherent determination to achieve and to succeed and this can only be taken away by death. \r\n\r\n\r\n\r\nThe Effects\r\n\r\n19. I have passed through serious emotional and psychological trauma as a result of the frustrations coming from my employment difficulties, difficulties that I believe that were not created by my incompetence, but simply borne of a situation on an issue that I can not change - my race as a creature with a ‘‘black hair and a dark skin’’. As a condition to remain in the country under the HSMP status, I am required to secure a highly skilled employment in line with my qualifications or previous work experience. The Home Office revised the HSMP rules in November 2006 as it is argued that the measure is to ensure that only people who can prove themselves in employment earnings amongst other ‘‘given’’ standards are allowed to remain in the high level migrant scheme. Unfortunately, I am a security guard despite my qualifications. I was grieved with the anxiety of failing to meet with the government requirements, on earning criteria.\r\n\r\n20. I took ill and suffered stress and depression. My GP had diagnosed my situation as Tension Headache as a result of the stress that I have been passing through. Following my complaints, my GP referred me to a Psychotherapist who has put me through some tests and confirmed that I am under prolonged Stress and Depression following this level of treatment occasioned by my alleged cases of racial discrimination. I am currently attending counselling with the psychotherapist to work on my psychology of the English society as it relates to a true multi-ethnic integration and cultural diversity. In my current psychology of the English society, I tend to believe that my career and ambition would be frustrated because it seems to me that the black man or foreigner has limited prospects to realising his dream even if he has a ‘‘special’’ brain.\r\n\r\n21. At a recent interview secured through Just IT in London, I had complained to the recruiter that I would fail the job interview. I was afraid of attending because I seem to have lost confidence with the employment system for high profile jobs in the cities, following my alleged cases of discriminations in previous applications. I narrated my previous experiences but the recruiter encouraged me to attend the interview because they were convinced that I have the required skills. Eventually I attended and failed the job interview. My interviewer complained that I was being nervous and struggling to say anything. I almost asked the interviewer if they would sincerely employ me if I did well in my interview or that the interview was for record purposes. This is the worst interview result that I have ever had in my life time. I have just realized that the awful situation that I have found myself is beginning to impact negatively on me.\r\n\r\nThe Real Events\r\n\r\n22. Company X & Y (a recruitment agency and their client refused my job application on 26 June 2007 for an IT Contract position saying that I do not have a British passport. They claimed that the role would require a British passport to obtain a high level security clearance as purportedly required by the customer. They claimed that the role and or the customer’s work would involve work the Ministry of Defence (MoD). They also refused to accept my presented documentations on my pervious security clearance by the Nigerian and British authorities. They claimed that they were working according to Home Office regulations, (later admitted that quoting Home Office as a mistake). On my enquiry with the MoD, it was explained that a foreign passport is not a bar to obtaining a security clearance and that a Basic standard check is suitable for employment within the MoD or for MoD contractors. The Cabinet Office has also reinforced this view stating that any Security Clearance requirement must be demonstrably proportionate and appropriate. I am struggling to figure out whether it is the ‘‘British passport’’ that would do the work or the skills of the individual who ultimately itself. \r\n\r\n23. Another company X, a recruitment agency on 13 July 2007 informed me that their client would not accept my application, in spite of their confirmation of my suitability for the Desktop, Server Support Specialist role and gave reason that I have the HSMP visa. They added that they can only attend to my application unless there is no British national available for the position. The Recruiter stated that their client (company Y) instructed that their details must remain confidential; this can only be an instruction from someone who has a dodgy agenda. In further defence filed at the tribunal the recruiter has submitted that they were acting in compliance to UK government ‘‘advice’’ to employers to fill position with the indigenous UK population where possible.\r\n\r\n24. Another company X, a recruitment consultancy firm on 5 July 2007 questioned whether my work experiences were only based in Nigeria and my duration of stay in the UK. My application for a Network Engineer position was suspiciously dropped. But they were quick to accept a fresh application with the same qualification in so far as the application has stated the candidate is a British national. When they were questioned, they replied that my communications skills were below the required standard, yet I have had a continuous formal education up to a degree level in English language for at least 22 years. And I go about my daily business without asking for an interpreter. Again they claimed that they would need a candidate who has a good understanding of how ‘‘routers’’ connect to BT systems. To be honest, I have not heard anywhere that ‘‘routers’’ connect differently to different telephone network, and if that is the case, then there would be unique Cisco certification for hundreds or thousands of communications systems. \r\n\r\n25. Another company X, a recruitment agency on 10 September 2007 informed me that their client would not accept my application for a VIP IT Support role claiming that they work for government agencies. When I enquired further, it was explained that I would be required to obtain security clearance, and when I submitted details of my previous security clearance reports they said that the role has been put on hold. When the apparent ‘‘on-hold’’ time has expired I was informed that their client’s client has gone on liquidation. They would not disclose the client’s details on the condition that it is confidential. I wonder if government offices in the UK do go on liquidation.\r\n\r\n26. Another company X, a renowned recruitment business in UK on 18 July, 20 August and 21 August 2007 would not accept my application for various IT positions advertised at their London office, with the claim that their client would not want candidates coming from a contracting background and that I was over qualified. However, when the application quotes an English name and states that the candidate is a British national they are willing to progress a fresh application with the same qualification, from the same contracting background. When I complained, the company stopped sending me job alerts. \r\n\r\n27. Another company X, a recruitment agency in London after contacting me to discuss a role on Network Engineer on 21 September 2007 asked for my nationality. At the end of the conversation, the recruiter denied that it did not have a vacancy again. Few days later, I discovered that the recruiter had advertised the position, I applied and contacted the recruiter to discuss my application, but the recruiter again denied that there was no vacancy. When I took the vacancy details and complained to the MD of the company, I was alleged of being intimidating on the phone.\r\n\r\n28. Another company Y, an international Oil and Gas company in Aberdeen after taking me through the final stages of an interview refused me job offer on 23 February 2007. They claimed that the role would not be challenging enough for me. When I asked detailed feedback they claimed that I was over qualified and too ambitious to fit in the position. I even explained to the recruiters that at that time that I was doing a security job and the work of a labourer and that I was seriously looking for such a professional role in a prestigious company. This is a technical position that has been advertised at least 3 times in four months without getting a qualified candidate.\r\n\r\n29. Company Y, an ISP in London after taking me though a final interview stage for an IP Support Engineer refused me offer. When I asked, it was explained on 14 June 2007 that I was too over experienced for the role and that the role would not be challenging enough for me. Meanwhile this is a senior position where the successful candidate will be mentoring two junior colleagues, and they also saw my CVs and qualifications because taking me through the final interview stages.\r\n\r\n30. Company Y, invited me for a interview for an IP VPN Technical Associate role in Milton Keynes. Two days to the interview, I declined to attend as I felt that the story would not be different from other cases. The recruiter, Company X continuously persuaded me to attend and informed me that Company Y had insisted that they would not accept any more CV unless they have spoken to me. They rescheduled an interview for me and as a condition to attend, I insisted that they must ensure that they are happy with my CV as it is and that I will be disappointed if I am refused an offer following anything stated or not stated on my CV. They assured that my CV was suitable for the role. At the end of the day, Company Y refused me the offer. When I asked why, it was explained on 19 September 2007 that despite displaying an excellent performance in the technical skills required for the role, that I would be frustrated with an aspect of their company culture, that there their operations would be lacking the structure and formality that I seem to need, and that their company often do not acknowledge achievements and that it would grate on me after a short while.\r\n\r\nPublic opinion\r\n \r\n31. It is believed that blacks are inferior to their white counterparts. Little wonder that the high profile jobs in the cites of UK are predominately occupied by whites and the recruitment methods adopted by these companies are designed in such a way that it would be difficult for blacks to break into the system. Even when the white applicant does not meet the job requirement, the candidate would still be preferred to a black applicant and instead the white candidate would be given on-the-job training. The best jobs circulates among this class, whereas there are several qualified candidates whose applications would not even be considered suitable and the reason for refusal are already prepared and readily issued to the applicant soon after the application was submitted, that is when they choose to response. If you ask why there were no feedbacks, you would be readily informed that they have thousands of applications to deal with hence it would be difficult to respond to all applicants.\r\n \r\nComparatives\r\n \r\n32. There are several other individuals from my racial background here wondering about, in spite of their professional and educational qualifications. As UK is a difficult place to survive without a job, the individually would be left with no option that to start applying for unskilled jobs to enable them earn a living. These are the job as popularly described as those jobs that ‘‘British nationals would not want to do’’\r\n \r\n33. Nationals of some other African and Asian countries may also be facing the same situation, but I cannot comment on individual cases. Further details may be obtained form the HSMP Forum. This is a forum of the foreign, Highly Skilled Migrant Workers where some of the affected individuals have gather as an umbrella body to fight they perceive to be an unjust treatment from government policies. Individuals of this forum may have different experiences all leading to difficulties in securing skilled employment in the UK.\r\n\r\n\r\n\r\n \r\nTest cases\r\n \r\n34. A recruiter who would not accept my job application for a specialist position in city of London with the claim that the HSMP is for jobs where the employers are unable to get British nationals and has further defended it decision to refuse my job application as an HSMP visa holder with the claim that he is acting in a way that is consistent with the principles of the HSMP scheme and the government advice to employers. The Home Office has told me a different thing. My request letter to the Home Office dated 30th October 2007 to seek their consent as witness or evidence in my case with the Employer is yet to receive a reply. On 4th December 2007, I sent a reminder to the Home Office requesting further clarifications as to the claim of the employment agency quoting the government advice to them to fill job with indigenous UK populations where possible. This matter has been taken to an Employment Tribunal. I have written to the Home Office on this matter but they are refusing to comment on this. I have requested the tribunal to issue a witness Order on the Home Office to compel it to appear before the Tribunal to clarify this matter.\r\n \r\n35. An international ICT network services who has interest in the some countries in Africa, in an alleged alliance with an Aeroplane builder in the UK and a Recruiting company used to pick candidates have an explanation to give before an Employment Tribunal as to the reason why it refused my job application because I do not have a British passport or that the position requires a national security clearance. This same company has refused at least three of my job applications at different positions, for different locations and under different circumstances. It is believed that the jobs were offered to my white counterparts. The involvement of the Aero builders in my alleged case of racial discrimination is a subject awaiting clarifications before the Tribunal as the recruiter and their client are pointing accusing fingers on the Aero builders that it required a national security clearance for the IT position, a requirement that may amount to an unlawful indirect discrimination if the requirement cannot be demonstrably justified. The Network Services company has admitted that it placed the British passport criterion but still believes that its action is justifiable, while the recruiting company would need to prove that its services were not used to aid an unlawful act. We have our first date at a Tribunal pre hearing review on 2nd January 2008.\r\n\r\n36. Another employer, an IT services supplier in London who refused my application but later accepted the same application when I decided to change my name and stated that I am a British national has a date with me at an Employment Tribunal for a full hearing of my alleged case of racial discrimination. A recruiter that was used in the application process is joined in the case for its attempt to conceal the job advert where the required skills were stated. There is an attempt to swap the job description to discredit my application.\r\n \r\nCaution\r\n \r\n36. To avoid prejudicing the cases it may be helpful to curtail publicity until the case is heard by a Tribunal. Except on confidentiality basis, I am reluctant to release full details of these matters as it is currently before tribunals, however the cases been listed for a pre-hearing review at the tribunals and anybody is invited to the hearing where I would disclose the facts of my claim. The hearing is a public affair and even the press are invited to hear the case. Afterwards, I can be quoted but in total observance of all the ethics and legal frameworks guiding such publications. Once this case comes up for hearing, I shall be happy to release the documents or documentary email messages which I have retained as my evidence.\r\n \r\n37. Just few days ago, a representative of one of the companies has written threatening letter to me to withdraw the cases against it and the other parties affected in one of the cases. They have also attempted to offer me money to kill the case, but that is not the motive. We’re fighting for justice. While another one has chosen to call me a serial litigant.\r\n\r\n38. Human Righter lawyers and Employment experts and immigration solicitors are freely welcome to assist. My cases have involved Multi national corporations who may be using QCs to defend my allegation.\r\n\r\nCopy write reserved.\r\n\r\n\r\n\r\n By Anthony Unegbu

A:

The first date of your hearing at Tribunal has come and gone and I apologise for the delay in getting back to your considerable enquiry. There are a number of points I wish to 'flag up'. Firstly you state you have 'been put out of professional employment in the UK for reasons that I cannot explain'. This may be important especially as you have provided many scenarios of you personally being turned down employment. Secondly, there are so many differing and unbelievable reasons for you not securing jobs, it would be useful to research a little into your actual work permit by way way of Home Office enquiries as prospective employers may have enquired themselves and are trying to be polite when giving all these useless excuses. Also by applying stating that you had a slightly different background (i.e. differing name and UK national) at the same time apply with your correct details. In this way you may gather evidence of discrimination, if there is any but will not necesarily avoid the excuse that they refused a job because of 'legality' under the Home Office Rules. I wish you luck with your claim and please feel free in providing further information stating if you wish to keep any advice I may give in reply, private and confidential.

Q:

I work for a large company and am currently the operations manager of a large section, apositon I have held for tha pst two years. Prior to this I have been in the compoany for total of ten years, working my way up thorough the ranks.I have also achieed the level of Btech 5 in Management Diploma. I have inhertied some problematic staff. Two of whom were imvolved in sever disciopilinary procedures 7 years a go. These were joined five years a go with a staunch unionist. They have between them caused endeless problems in the Department. However in Marech of this year it was decided that the section of the Department which these three emplyees work would be relocated to another site in the company's property, a matter if no more than a ten minute walk infrom central building. I tried to manage the change effectively, but unfortunately some people do not handle change very well. These threee individulas have now coerced as small team in thsi section to become militan, working slowly, constantly complaining and now cojntacting a unions. The first union over a period of 5 months and discussions with my Head of Department exopplained to this small group that what we were doing and how we were managing the change etc was within employment law and explained to them that change has to happen sometimes. The grouop resigned from this union as they did not like what was being acknowleged,and have now joined a very Militant union whose senior shop steward is very agressive. They took out a grievance immediatley against the Head of the Department and since then have taken out two cases of bullying and harrassment against myself and my supervisors. One case is being investigated at the present tiem. The second allegation has not been taken formally yet. The second allegation is from the milatant third person who is also a good friend of the Union Shop Steward. This allegation is directed solely towards me. I have had a meeting with the HR operations manager and the staff member and union shop steward and no bullying or harrassment was found. However this employee has now gone off work with stress and is again accusing me og bullying and harrassment. The shop steward is sending around the company derogatory letters regarding the alleged bullying in my department and oinning thesde accusatuions to Union notice boards around the company. Other managers in the comapny have in the past had similar accusations from this shop steward. He has recently called a meeting with all my employees in this section and my Head of Department went along in order for the staff to raise issues. I have emails and letters proving the allegations made by this shop steward. None of thesde allegations are founded and I have witnesses to prove this. I feel that I am being bullied and harrassed. I am finding it difficult to be strong. Can you please advise me on how I can handle this situation. I belong to a Union myself but so far have not involved them but I am thinking of contacting them for advise over a very difficult situation.\r\n\r\nI look forward to you reply.\r\n By sue cotterill

A:

I apologise for the delay in replying and hope it is not too late. It appears that the activity (with proof) of some employees including the representatives amount to 'misconduct'. This is something which should be dealt with following a disciplinary procedure. First, you must carry out a full investigation (which is underway by the sounds of it). Then, once you are reasonably sure, write to each individual providing them with 'proof' of a suggestion that they are maliciously working to rule and invite them to a disciplinary meeting in one week's time. After that meeting you may decide to verbally, or in writing warn them of this conduct being specific as to what is unacceptable, i.e. using protection against dismissal for Union membership or representation, to bully and harrass you. I understand you have witness evidence. That person should put this claim in writing and provide individuals with a copy. Without action now, the problem is only going to get worse. You may even find the conduct is a dimissable offence and although you would not expect them to 'roll over' if you follow a fair process the law will be on your side

Q:

Dear sir/madam\r\n am a british soldier based in germany,i am currently undergoing mental torture .am not able to work at my current working place.i have tried so hard to get a change but nothing has happened,he chain of command has been informed about my situation and yet still not has happened. this is a form of constructive dismisal towards me.i planned to make a carea out of the army.but now i dont know were am heading.ihave been given pills upon pills and i dont know how long i could take it.what would your advice be.thanks \r\n pte. Otoo By jeffrey otoo

A:

As a member of the Armed Forces you have the right not to be unfairly dismissed but no right to claim 'breach of contract'. You have not resigned as a result of what sounds like a very unsatisfactory situation. If you were to resign because of something 'so bad' and immediately, you would be able to claim Constructive Unfair Dismissal. However, the onus would be on you to prove that you were forced to resign and gain compensation. It is a matter for you as to whether you wish to resign and you may feel it is a matter of health rather than what the law provides in compensation.

Q:

6 months ago I started a new job, the job is a mental health care assistant.\r\nOn the day of my interview obviously lots of questions were asked but one particular question that I asked was: as this institute has been drasticly reduced in size over the years gone by does the NHS intend for any more closure of the site as it is now.\r\nThe answer they gave me was "no we do not see any further closures". \r\nAll staff have now been officialy notified of full closure of the whole site within the next 90 days, I feel devastated for the fact of leaving a job that I had held for 17 years prior to this one and so hurt by the bare faced lie that they told me.\r\nCan you please advice me on any legal rights that I may pursue against them for my personal grievencies.\r\nThankyou\r\nKevin. By Kevin Turner

A:

This is devastating especially as you had left a long standing job for one which will last not even a year (it seems). On the pure employment front, there is little argument other than to suggest that 6 months ago your position was far from redundant as they had just employed you. How can your position be truly redundant after just 6 months? If the institute is now closing, there may be little argument and those interviewing you could claim that, at that time, there were no plans to close the institute down. On a purely contractual basis, you could claim compensation for a breach of an agreement to provide you work for a good deal more than 9 months. Your loss as a result of them now suggesting closure, is a further year's worth of salary at a rate you were used to in your previous long standing job you gave up relying on the interviewers answer. However, it is a risk to move employment and unless you have a written contract stating how long the employment lasts, you will rely on conjecture. You may only be left with you disputing a redundancy procedure and pressing them to find suitable alternative employment based on the answer you received at interview.

Q:

please am a EU citizen and i want my family member to stay with me in uk.but i had a letter from home office confirming that my application will be due in 6 months.but now is passed 6 months and still i have not heard from them.please advice me since my family is facing employment problems at work thus the employer is demanding his passport.please have already sent all the necessary documents to the home office.i need ur advice By jason

A:

Although I can deal with 'wrok permits' it seems that our Immigration expert can assist more effectively as the employer is obliged to check that you are legally able to work and are not at fault. The Home Office have been delayed and the application needs to be processed.

Q:

Please can you help.\r\n\r\nI have been employed by a local shopping centre in the roll of a security officer for 5 years.\r\nIn Oct 07 the company told us that security would be going out to "contract" from the 5th NOV 07 and we would be tranfering to the new company under the T.U.P.E. regulations, keeping our employment terms and conditions the same.\r\n\r\nThe new company has now asked us to complete a new application form (including names and address of referees),\r\nprovide details of our address in the form of utility bills, \r\nask us to complete a police security check form,\r\nprovide pay slips frpm our last employment.\r\n\r\nQuestion.\r\nHas the new company the right to ask or demand this information as I belive this should be held in the HR department of the origional employer.\r\n\r\nThanking You.\r\nPatrick Mc Parland. By Patrick Mc Parland

A:

The amount of information the new company is asking you all to provide is something which should have been provided by the old employer under the Regulations. If they continue to ask for that amount of detailed information, it could be seen as 'detrimental treatment' as a result of the transfer, i.e. unlawful. Put this to your new employer and if the answer is 'we need to do this for security' (CRB checks etc) fine but not all the info they are asking for.