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Author Topic: do we happen to have any legal experts here?  (Read 7376 times)
flammableBen

« Reply #15 on: Saturday, March 8, 2008, 20:45:27 »

Quote from: "DV"


As I said, been there isnt september....and the notice period written in the contract is 3 months and to be honest.......I want out and I want out now....not 3 months later....now......if I do hand in my notice I'll be treated even worse than I am....because we'll ive seen it happen.

Reference, not bothered about wont put my boss down....plus he cant even type in english anyway so they wouldnt even take his reference seriously.

Thing im worried about is walking out them him taking me to court and not giving 3 months notice....as written in the contract that isnt actually signed....

Thing as, as far as I know.....all he can do is take me to court and make me pay him the 3 months I didnt work....which on the pittance I earn.....minus my expenses (all of which are out of pocket) and then days I wouldnt work (school holidays) he be taking me to court for very little money and the whole process would cost him more anyway.

I jsut want all my options checked.


I've never heard of people being taken to court for not filling out notice time. Is that likely to happen?

Also 3 months sounds like a long time if you've only been there 6months or so. Worth checking if there's a maximum they can demand, whatever the contract says.
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Dazzza

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« Reply #16 on: Saturday, March 8, 2008, 20:46:44 »

If it helps it's illegal to give a 'bad' reference and if they have nowt good to say then all they can really mention is that you worked from such a date to such a date.

If you have any holidays left you could cash them in as part of the notice period.
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my-velocity

« Reply #17 on: Saturday, March 8, 2008, 20:46:52 »

Citizens advice?
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DV
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« Reply #18 on: Saturday, March 8, 2008, 20:47:55 »

Quote from: "Dazzza"
If it helps it's illegal to give a 'bad' reference and if they have nowt good to say then all they can really mention is that you worked from such a date to such a date.

If you have any holidays left you could cash them in as part of the notice period.


paid holidays, not fucking likely!!!

0 holiday entitlement per year
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strooood
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« Reply #19 on: Saturday, March 8, 2008, 20:49:14 »

Quote from: "DV"
Quote from: "Si Pie"
I think it may be enforceable Dan

linky

Can you not negotiate the notice period or is he really that much of a cunt?


For starters, yes....

Secondly, obviously we have x amount of after school clubs and x amount of coaches and about 2 of those can drive.

So I walked out, he be screwed. He'd have no way of getting alot of his coaches to their after school plus he'd have no one to do my after school.

He'd make me do my usual job and give me all the shit ones on top because I was leaving.....and wouldnt let me go till he had a replacement....and the amount I do for him and the shit I put up with, well he isnt going to find a like for like replacement because no one can be as big a mug/walk over as I am.


mate you and i know how much of a sham it all is, and im sure deep down he does too.
you wont get your rewards for the work you do andi know, first hand, how much he piles on you.
honestly there would be zero legal threat from him if you left tomorow, he needs to understand he cant be such a cunt to everyone at all times.
surely you can imagine how unbearable those 3 months would be??
for me it's a no brainer- bite the bullet i say!
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ghanimah

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« Reply #20 on: Saturday, March 8, 2008, 20:50:48 »

Quote from: "DV"
Quote from: "Dazzza"
If it helps it's illegal to give a 'bad' reference and if they have nowt good to say then all they can really mention is that you worked from such a date to such a date.

If you have any holidays left you could cash them in as part of the notice period.


paid holidays, not fucking likely!!!

0 holiday entitlement per year


If you're full time then you have a legal minimum number of holidays, 'pro-rata-ed'
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DV
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« Reply #21 on: Saturday, March 8, 2008, 20:53:25 »

Quote from: "strooood"
Quote from: "DV"
Quote from: "Si Pie"
I think it may be enforceable Dan

linky

Can you not negotiate the notice period or is he really that much of a cunt?


For starters, yes....

Secondly, obviously we have x amount of after school clubs and x amount of coaches and about 2 of those can drive.

So I walked out, he be screwed. He'd have no way of getting alot of his coaches to their after school plus he'd have no one to do my after school.

He'd make me do my usual job and give me all the shit ones on top because I was leaving.....and wouldnt let me go till he had a replacement....and the amount I do for him and the shit I put up with, well he isnt going to find a like for like replacement because no one can be as big a mug/walk over as I am.


mate you and i know how much of a sham it all is, and im sure deep down he does too.
you wont get your rewards for the work you do andi know, first hand, how much he piles on you.
honestly there would be zero legal threat from him if you left tomorow, he needs to understand he cant be such a cunt to everyone at all times.
surely you can imagine how unbearable those 3 months would be??
for me it's a no brainer- bite the bullet i say!


Like I said, its got alot better....purely because I've been put in charge of the 'office'

I do practically everything, organize everything, deal with the schools and coaches....the killer is the fucking driving. No petrol allowence either.

I've had my car just over 3 months, 6200 on the clock. Usually a good 70 quid on petrol a week.....these last weeks its been over double that.

He doesnt realise that all his staff leave because hes a twat of a cunt.....stupid thing is I know full well......that the minute he finds another mug who will do my job cheaper im out on my ass, regardless of the qualities I offer and what I've done for his business.

to him its all £££ he doesnt like because im Intelligent, I think logically, I think long term and I dont dive into things....he wants stupid monkeys who will do what they are told exactly how they are told.

If well and truely had enough.
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DV
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« Reply #22 on: Saturday, March 8, 2008, 20:54:55 »

Quote from: "ghanimah"
Quote from: "DV"
Quote from: "Dazzza"
If it helps it's illegal to give a 'bad' reference and if they have nowt good to say then all they can really mention is that you worked from such a date to such a date.

If you have any holidays left you could cash them in as part of the notice period.


paid holidays, not fucking likely!!!

0 holiday entitlement per year


If you're full time then you have a legal minimum number of holidays, 'pro-rata-ed'


im self employed, but contracted to work for my 'boss' I only work term time as we work in schools.....but if I want a day off I have to fill in the holiday form (of which we dont actually have one) about 4 weeks in advance and then the answer is still likely to be no.

One guy wanted a day off for a funeral and it was turned down, he then walked out and didnt come back...
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Simon Pieman
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« Reply #23 on: Saturday, March 8, 2008, 20:55:03 »

Dan - if you have kept records of all your trips and the mileage, you can claim a 40p per mile allowance from the tax man, as long as it is business mileage and not to your 'office'.
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DV
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Joseph McLaughlin




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« Reply #24 on: Saturday, March 8, 2008, 20:57:03 »

yeah, but that comes off at the end of the finanical years doesnt it?

I only get taxed on  my profit if you like, not what I get paid....so if I get paid X and my work expenses are Y then I only get taxed on X - Y rather than X.
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JPC82

« Reply #25 on: Saturday, March 8, 2008, 21:01:00 »

also if you are self employed you are not allowed to just work for one company are you?
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Simon Pieman
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« Reply #26 on: Saturday, March 8, 2008, 21:01:37 »

Quote from: "DV"
yeah, but that comes off at the end of the finanical years doesnt it?

I only get taxed on  my profit if you like, not what I get paid....so if I get paid X and my work expenses are Y then I only get taxed on X - Y rather than X.


You can take it off your taxable income in your self assessment.

It's very close to the tax year end as well (05 April 2008).

What are you 'expenses'? If you get some money for petrol/mileage you can actually claim the difference between this and the allowance back.

EDIT: I get what you're on about now.

Work out which gives you the most money - all of your travel expenses less the private element or the 40p per mile rate.
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STFC Village

« Reply #27 on: Saturday, March 8, 2008, 21:03:18 »

3 months notice?! I didn't think it could be that much anyway.

FWIW, i'd walk
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DV
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Joseph McLaughlin




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« Reply #28 on: Saturday, March 8, 2008, 21:10:29 »

Quote from: "Si Pie"
Quote from: "DV"
yeah, but that comes off at the end of the finanical years doesnt it?

I only get taxed on  my profit if you like, not what I get paid....so if I get paid X and my work expenses are Y then I only get taxed on X - Y rather than X.


You can take it off your taxable income in your self assessment.

It's very close to the tax year end as well (05 April 2008).

What are you 'expenses'? If you get some money for petrol/mileage you can actually claim the difference between this and the allowance back.


Nope, because I only started working in September, I miss out this one...its not till Jan 2009....

fuck knows, all I know is I spend shit loads on petrol giving lifts to other people which they dont contribute to...

Prime example....friday.....my after school is Covingham....5 minutes walk from my house....30 seconds in the car....and it finishes at half 3.....the dream right? home nice and early....

.....no we have two clubs at covingham, so we have another coach who doesnt drive....so I have to pick him up from town....and drop him back...ok home by about 4 then....

get a text half way through my session, not asking....but telling me I have to pick another coach up in Stratton and another from West Swindon then drop then back to Bassett.....

So first coach at Stratton...im there at 4 he doesnt finish till 5.....then through town to west swindon then bassett...then home...its quater to 7 before I get in....

The Boss was coaching in North Swindon and went straight home after! by the time I got back to 'office' he was already in the pub....

good job, I was fucking fuming to say the least....
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tans
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« Reply #29 on: Saturday, March 8, 2008, 21:12:42 »

Just tell the cunt to stick his job up his arse and shit on his desk.

Job done.
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