Contact Details/Services offered

                       28112007014

 

 

 

I’m Michael Scutt . I am a Partner in the City law firm Dale Langley & Co.  We are based at

60 Lombard Street

London

EC3V 9EA

(tel) 0207 464 8433

(fax) 0207 464 8659

www.dalelangley.co.uk

You can email me at michaelscutt@dalelangley.co.uk  

 We also have an office at 29th Floor, One Canada Square, Canary Wharf, London E14 5LY

 We are a specialist employment law practice and act predominantly for employees and small medium enterprises (SMEs).  We can provide advice on all aspects of employment law and frequently represent employees in the Employment Tribunals and High/County Courts.  We can advise  employees and employers on the following areas (this isn’t an exhaustive list);

– Compromise Agreements

– Contracts of Employment (drafting, advising generally on contractual provisions and restrictive

   covenants in particular)

– Unfair dismissal

– Constructive Dismissal

– Breach of Contract/Wrongful dismissal

– TUPE transfers

– Sex/Race/Age/Disability/Religious Belief/Sexual Orientation Discrimination

– Whistleblowing

– Health & Safety issues

– Occupational Illness (e.g. stress at work/RSI claims)

– Injunctions (e.g. breach of confidentiality, unauthorised removal/copying of database information)

– Dispute Resolution (inc. Mediation) and most areas of civil litigation

10 responses

13 04 2009
p brown

DEAR SIR.

I AM CONCERNED THAT I MAY BE ON THE NSDR[DUE TO THE ACTIONS OF A PREVIOUS EMPLOYER].

HOW DO I FIND OUT

THANKS

15 04 2009
michaelscutt

Hi, sorry for the delay in replying. I think you should make a “subject access request” under the Data Protection Act 1998 to both your ex-employer and to the NSDR – their address will be on the web. Each request will cost you £10. There’s more information on the Information Commissioner’s website.

I’d be interested to know how you get on.

8 07 2009
Alon

Dear sir,
I recently handed in my notice to my employer with a request to be paid the holiday pay which I had acrued (I had been working for just over 5 months part time). Due to a misunderstanding over my working hours I failed to turn up to a subsequent shift that I was expected for (but believed i had been given off), and I believe that I have been fired because of it even though it is the first time it has happened since i started working there (my employer will not answer my calls or messages asking for clarification on this but has told me that she has taken me off of the work rota). Am i still entitled to the holiday pay which I have accrued if it turns out that I have been fired?

I would be very greatful for any advice you could give me on this matter,
Many thanks,
Alon

10 07 2009
michaelscutt

Thanks for the comment. I’d need to know more about the situation but you may well be entitled to your holiday pay accrued up to the date of dismissal (but not afterwards) and the employer may be in breach of contract if they don’t pay that.

14 07 2009
Jade

hi, i was recentley fired from my company for gross misconduct (selling an employee meal to a non employee) i was told i would recieve my holiday pay and it has been six weeks and still haven’t recieved it, I had accrued £382 holiday and I believe i should be entitled to it as I worked for it.

Also I would like to ask about my other problem, i started working in a pub 5 weeks ago and have not yet been paid, they owe me about £600 now and they keep staying you’ll get paid this friday and it not going in and then saying oh well it will go in next week then. Is there any thing I can do to make sure i get my money?
x

15 07 2009
michaelscutt

Thanks for the reply. I can’t advise you properly on what you’ve written and I’d need to know more about both situations but it looks like you MAY have claims for breach of contract in both cases.

In respect of your dismissal, how long had you worked there? If more than 12 months continuously then you might be able to claim unfair dismissal if you don’t accept the action takien as fair. You should be paid for salary and holiday pay up to the termination date.

With the pub job, you need to consider whether you still want to carry on working if you’re not being paid. That is a breach of contract and you could consider claiming constructive dismissal and leaving. You could then issue proceedings for breach of contract at an Employment Tribunal.

I’d be happy to advise you in more detail or you could get advice from a CAB or local solicitor; many will do free initial interviews. Get some advice before taking action.

Good luck

24 07 2009
Gideon Smythe

Sir,

I am emailing on behalf of a friend who lives in a rural area of North Essex and the only way he can commute to London is by rail. There’s is a threat of industrial action over 8 days in the coming month and, if it goes ahead, the nearest rail station with a service will be 40 miles away. Not having a car, making the journey will not be possible.

His employer has said that it is his responsibility to get to work and that if he does not make it into the office pay deducted and he’ll face possible disciplinary action. Even though he has offered to work from home.

Can a company deduct pay if an employee has made all reasonable attempts to get to work?
Can an employee claim reasonable expenses (i.e. hire car costs/taxi fares)?
Finally, it is suspected that certain high-level managers will be allowed to work from home unlike the rest of the staff. Could this be deemed as unreasonable behaviour by the employer?

28 07 2009
michaelscutt

Thanks for the enquiry. There are lots of issues here. Strictly speaking an employer deosn’t have to pay when there has been an unauthorised absence but that would seem harsh in the circumstances you describe. I think your friend needs to seek legal advice and I’d be happy to assist further if he wants to contact me at michaelscutt@dalelangley.co.uk or on 0207 464 8433

Regards

7 09 2009
Jane

Hi,
in May this year our employer asked all staff to take a 10% paycut and increase our work load. Some members of staff were also finished. We were told these measures had to be taken to ‘save’ the company due to the ecomomic crisis. Everyone had to agree which they did. Incidentally we have not been asked to sign any new contract.
We have just found out they are now re-employing a member of staff they finished. Is this legal or should they be returning our working conditions and pay back to what they were before re-employing someone? Please could you advise
Thanks

8 09 2009
michaelscutt

What consultation process did they follow? When you say employees were finished do you mean made redundant?

Please call me on 0207 464 8433 at my firm Dale Langley & Co and I will be happy to advise you on this.

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