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Old 21-02-08, 10:45 PM   #1
Jase22
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Default Need an employment solicitor

My wife has recently experienced problems with her former employer. Basically, she felt bullied and unfairly treated to an extent that she felt that she had to resign, and did so back in November last year.

Some 3 months after her resigning, she received a letter in the post the other day requesting that she repay certain training fees. I am loathe to repay these (also can't afford to) and need some advice about her employment contract and such. I've got some very limited knowledge, but it seems the further I've tried to research the more I've managed to confuse myself!

So, I was hoping I could either tap someone's knowledge or someone could point me in the direction of a good (and cheap lol ) firm to act on our behalf.

Jase
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Old 21-02-08, 11:02 PM   #2
DoubleD
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Default Re: Need an employment solicitor

Not much help to you but I do know that where I work if I go on a training course that is paid for by the company I have to pay them back if I leave.

I think it is something like if I leave within 1 year I have to pay back 80%
if it is within 2 years then it is 50% to pay back
if it is within 3 years then it is 30% to pay back

you get the idea, so they might well be entitled to ask for it but then your wife did not leave under normal circumstances so you might be able to work thet in there as well.

Good Luck
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Old 21-02-08, 11:38 PM   #3
Ed
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Default Re: Need an employment solicitor

I'd tell them to bugger off.

If they were in breach of contract in the first place by allowing bullying and intimidation, then they can't recover anything, whether they reserved a right to claim or not. Did Mrs complain about bullying? For example, at an appraisal, or did she give it as her reason for resigning? If not, you might have evidential difficulties but you should still dig your heels in.

Call me in the morning and I'll have a quick chat

01743 236222

Ed
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Old 22-02-08, 12:26 AM   #4
timwilky
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Default Re: Need an employment solicitor

We have a policy of holding an end of employment interview. It is not to be adversarial and is intended to explore the reasons for staff turn over.

Normally the feedback I get is lack of career progression and I can only empathise. Quite often it is salary and I delight in feeding that back, after all I have to maintain my margin.

However, I was asked to undertake somebody elses interview. That was enlightening. The lady leaving did not want to talk with her manager and when offered a choice opted for me as she had never met met.

It went well, she told me she enjoyed working for the company. However her reason for leaving was, she was being bullied. not by her manager but by the other girls she worked with. I asked in what way.

"Well, they all shut up when I arrive". When they go for lunch, they don't invite me to join them. I will be honest I did not see this as bullying. I then asked her about her background, previous jobs, education. she was a graduate, had just moved from London to marry and had accepted the first job that came her way. An administrative job for which she was far over qualified. she accepted she had not disclosed her qualification as she had difficulty in finding work. and would take anything

The upshot was she failed to fit in. Had tried to explain to her manager. She had not understood having come up from the coal face, and could not accept there were problems in her department. I did feel for the lady concerned. she was obviously a fish out of water, she talked differently in the first place. Secondly she was capable of more, knew it and had tried to change things and been shot down by those who wanted to maintain the status quo.

I promised to pass on my feedback to HR and did. 2 years later, that young lady came back to us in a junior management role. she did not stay. but whilst she was with us would pop into my office whenever she wanted advice

The upshot, is a good employer, values staff. They see them as a resource. not to be exploited but to be nourished, allowed to develop and to generate business advantage.
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Old 22-02-08, 12:31 PM   #5
Jase22
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Default Re: Need an employment solicitor

Quote:
Originally Posted by Ed View Post
I'd tell them to bugger off.

If they were in breach of contract in the first place by allowing bullying and intimidation, then they can't recover anything, whether they reserved a right to claim or not. Did Mrs complain about bullying? For example, at an appraisal, or did she give it as her reason for resigning? If not, you might have evidential difficulties but you should still dig your heels in.

Call me in the morning and I'll have a quick chat

01743 236222

Ed
Cheers for the message, my sentiments were the same (the missus is more cautious and concerned about rocking the boat).

Sorry never got around to ringing you this morning, hectic morning at work and I didn't know whether you'd appreciate a call at lunchtime. Let me know if it's ok to give you a bell, don't want to disrupt you at work though.

Jase
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Old 22-02-08, 01:00 PM   #6
jumjum_0214
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Default Re: Need an employment solicitor

Go to your local citizens advice bureau
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Old 22-02-08, 02:15 PM   #7
clodge
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Default Re: Need an employment solicitor

At our place if it's not in your contract or you haven't signed a form/letter saying that if you leave within a certain time frame you have to pay it back then there's nothing your firm can do about gettng the money back.
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Old 22-02-08, 02:55 PM   #8
sv-robo
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Default Re: Need an employment solicitor

Quote:
Originally Posted by Jase22 View Post
My wife has recently experienced problems with her former employer. Basically, she felt bullied and unfairly treated to an extent that she felt that she had to resign, and did so back in November last year.

Some 3 months after her resigning, she received a letter in the post the other day requesting that she repay certain training fees. I am loathe to repay these (also can't afford to) and need some advice about her employment contract and such. I've got some very limited knowledge, but it seems the further I've tried to research the more I've managed to confuse myself!

So, I was hoping I could either tap someone's knowledge or someone could point me in the direction of a good (and cheap lol ) firm to act on our behalf.

Jase
Hiya mate,

Think I may be able to help you as I had major problems with my previous employer of 8 years and was unfairly dismissed. I got in touch with Pannone's in Manchester (solicitors) who fought my case for me. You need to check whether you have legal expenses insurance on your building/contents policy. This usually comes as standard and most people don't realise they have it. This would cover the legal costs of your wife making a claim for constructive dismissal against her former employers.

I would advise that you make sure you have a strong case as these can be a drawn out procedure and stressful at times as mine lasted around 6 months but I did win and did not need to go to Court as two days before the Tribunal hearing my ex-employer couldn't settle out of Court quick enough.

If you need more info, PM me.
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Old 22-02-08, 02:57 PM   #9
Jase22
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Default Re: Need an employment solicitor

Unfortunately she signed a contract, although I feel that it is void but need some advice on whether it is. Cheers for input on citizen's advice also, but they've never been concrete in what they've said to me previously and I really need to know whether we're correct before taking any action or even replying to their request for money.

Unfortunately it's a very touchy subject also, and I don't want my wife to say or do anything now that might jeopardise her position. I do appreciate the advice, I am just mindful that the missus' previous employer is a rogue and don't want things to bite us in the botty.
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Old 22-02-08, 05:31 PM   #10
Biker Biggles
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Default Re: Need an employment solicitor

You need to look into sueing for constuctive dismissal,but you need to get your skates on and get advice quickly.Most of these claims are not allowed after three months from your date of leaving/dismissal.
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