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It's based on the Master / Servant test;
Self Employed / Contractor
Will provide all his own tools and eqpt to do the job
Will not work soley for you
Will have control of the relationship - EG, they decide if they want to do the job and when
Will invoice for work carried out
Employed
Will...
Employees should always be suspended WITH pay as at this stage of the process, there is no allegation of guilt, merely you need to remove the employee from the day to day business until you have all the facts. The employee is still EMPLOYED by you and therefore is merely not required to attend...
Very interesting responses and I'm with Karl on this one.
One thing to add to the pot. I would NEVER advise anyone to get the Police involved in such cases until AFTER you have held a full and thorough disciplinary process whose outcome is a decisions that the ACT TOOK PLACE. If you get the...
Regardless of the debate of whether restrictive covenenents are enforceable or not, one thing is very clear. If, as an employer you DON'T have any restrictive covenent clauses then you CANNOT do a thing should an employer leave and cause you trouble. However, if you do have them drafted then you...
My god, this thread flags up a few differing attitudes doesn't it :rolleyes:.
It's fairly simple really.
Return the requested info if it is in your posession and end of story. Of course, I'm sure you won't memorise or make a caopy will you?
DON'T send them a letter saying you agree not...
All i'm saying is that I would want a record that an employment contract was presented to the employee and there there was a request made to sign and return it, and that request was reasonably followed up.
Employees are very adept at manipulating the truth in Tribunals and I would want to make...
With all due respect, after advising on 500+ Employment tribunals over the years and being incredibly accurate in prognosis, it will hold up in an employment tribunal, so long as you follow a process of offering, recording, requesting and reminding. As you say,
Therefore, what route is left...
You offer the employee your contractual terms and ask them to sign and return it (within say 5 days)
If they sign it, all well and good.
But person A doesn't sign and return it. Send them a second reminder and give them a final date to do so.
If they don't sign and return it but carry on...
From experience with SME's....YES.
As an employer I would ask the question;
" Would a business spend £25k every year on an item of equipement and not have a document from the supplier that outlines the warrenty, specification, compliants procedure and compensation scheme should it go wrong...
If he/she that starting someones name with Capitals is 'picky with detail' then it shows what a shoddy attitude they have towards other parts of the business.
I worked for a German company where we even had a company typeface/font that was to be used for ALL correspondence without deviation...
There seem to be 2 seperate issues here.
Your disability with arthritis in your hip
Your companies pattern of shift working
You haven't fully explained how the 2 interlink?
The main gripe seems to be the shift pattern which does seem a bit odd but seems to have been collectively agreed to...