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I have an employment Scots law question pertaining to my…

Hello, I have an employment...
Hello, I have an employment Scots law question pertaining to my wife potentially being penalised over future leave requests she makes to her manager because the manager has allowed another member of staff to have compressed hours that has knock-on affects on my wife. The details of my issues are in a Word document I wish to attach which has a table that may not format properly if I cut and paste here. Please advise.
Regards
John ***
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Customer reply replied 2 years ago
Here is the word document covering the details of my Scottish query now that I see a method of sending an attachment.
Regards
John ***
Answered in 5 hours by:
3/2/2016
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,379
Experience: 30 years as a practising solicitor.
Verified

Thanks for your question. I am a solicitor in Scotland. Can you send the attachment as a PDF please as the formatting is all over the place even though you were good enough to to send it as a word document. Can you also scan and email your wife's contract of employment or extract from staff handbook dealing with leave and related issues.

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Customer reply replied 2 years ago
Here is the pdf you requested and a document my wife obtained called Annual Leave Policy 2011 which hasn't changed since then, also I have attached a jpg image of a list of other company pdfs just in case there was something pertinent you might suggest I also upload. Tomorrow I will be able to upload my wife's work contract once she has scanned it.
Because we are uploading actual company pdfs – and you know how some large companies feel about that – can you guarantee these documents are not made publicly available?
Regards
John ***

JustAnswer is a website and can be accessed as such and I understand that is advised to users although I don't have access to the user side of the site. I suggest that if you have confidentiality concerns that you take down from the public site any documents that identify any parties by name. Instead they can be emailed to***@******.*** with a request that they are forwarded to me, JGM. That way the content of the documents remains confidential and offline. If you can email a full set of the documents you want me to consider I will look at these and give you my opinion tomorrow.

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Customer reply replied 2 years ago
Hi JGM,
Before moving on a couple of things concern me about this new online JustAnswer(JA), so if you would kindly clarify the following before continuing.
I have used JA many times over the past few years with nothing but praise for the online facility for balancing response with cost, even encouraging payment before receiving an answer was in my view fair and protected consultants from spending time and not getting paid afterwards; the availability to give a bonus at the end of the transaction wasn’t a deterrent either for me as I invariably happily gave generously in line with the detail of my communication. However this new feature does not just offer communication by telephone, which is fine for those who wish it, but sadly JA shapes their website to cause the customer to almost be beckoned to opt for the telephone call before the customer even receives their first answer; JA doesn’t even offer a logical ‘Decline button’ alongside the ‘Call’ button, in a sense making customers feel this is the only option, thus having to pay more for the unnecessary privilege.
It may be unfair and you can clarify before continuing, but I find the JA website has at face value become similar to websites that give you the feeling they have something to hide. Hallmarks of such websites have their customer interface raising concerns in the customer’s mind about the payment process due to questions arising that aren’t being answered by the screen interface. A good website is one where no nagging payment questions should arise in the customer’s mind leaving the mind to think solely of the product when they receive it or the legal question at hand in the case of JA. Thus sites should be like Amazon, you see what’s on offer and select, you know its final price, and you buy. Not so the more dubious sites which have ambiguous screen interfaces, often deliberately, because it transpires there are hidden costs that only leave a nasty taste of being duped when the process is completed that has the customer never visiting the site again. Can I ask, is that what JA has become?
My suspicions with JA had me Googling ‘JA complaints’ and indeed there were many and recent as late 2015 and early 2016 about the JA screen interface. So it seems I am not alone in my concerns that something unsavoury has changed in the way JA is organised and pitched as well as the terms and conditions having been changed (which I never re-read upon submitting my new question as I assumed it was the same as last time). Now according to one complaint I read, JA customers upon entering bank details apart from paying the £28, say, for the consultation, they also have without realising it automatically taken out a subscription resulting in a monthly subscription being paid out of their bank (If so this is not professional regardless whether it is buried in the T&C, it should have been clear on the webpage). Can you tell me, having paid for my consultation is a monthly subscription now going to be taken from my account?
In conclusion I have always preferred a written answer from JA preferring at all times to use text because I have a hard copy of our communication which I catalogue under date order for reference, as I am doing with these communication exchanges. This is more important now as I am retired and have hand tremors that hinder me from writing, thus dictating verbal telephone communication is out of the question as a form of note-taking.
Please would you kindly therefore furnish the following questions too before continuing?
1) Can you tell me what other hidden costs if any await me as I pursue our communication?
2) If I have inadvertently subscribed to JA please explain exactly how I go about cancelling?
3) Again please explain how I remove the pdf files already on the JA site as there is no ‘remove’ button or link where I see the uploaded files?
Personally I would prefer J&A to be up front about their costs as their returning customer base will likely drop otherwise. Even if it means JA has to charge more for the consultation as long as customers see what they are getting. If the cost is too high the free market will decide a company’s viability, any hidden costs only attempt to undermine the free market. The point surely is integrity.
Regards
John ***

Thank you for your comments. As you know I am a solicitor expert on JustAnswer. As such I have no real knowledge of the marketing and administration side. I simply do my best to answer legal questions. However, the points you raise are important and as such I have sent your communication to the UK law moderator to deal with or pass on to the appropriate person to do so.

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Customer reply replied 2 years ago
Thank you for your reply. I am prepared to continue as I have started the transaction and thus have sent you my wife's contract via the email address you suggested. So I hope between the documents I sent you via this site and the contract via email that there is enough information for you now?
Regards
John ***

I've looked at the document you emailed, thank you. The document is a variation of an original contract of employment. Could you email the original contract. I also see that the documents you uploaded from the site have been removed which is good as these should remain confidential. However as I do need to refer to these, could you send these to me by email also.***@******.*** marked for JGM. Many thanks.

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Customer reply replied 2 years ago
Have sent original documents again via email address, communicating with my wife to get the original contract.
Regards

Thanks, ***** ***** have the leave policy document and look forward to receiving the original contract as well as the word document you previously uploaded with the various issues.

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Customer reply replied 2 years ago
Have sent via email the pdf:
16-3-2a From JC_My question 1.2.pdf.
Regards

Thanks. I'll take some time out to read these although my initial view is that your wife is going to have to instigate the grievance procedure. The employer has made a mistake in allowing the compressed working week to the other staff member without considering how the department is going to be covered properly.

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I've had a look at this. I think the employer is in some difficulty here if your wife's holiday requests are being refused because of another staff member's working arrangements. It is even arguable that there may be indirect discrimination on the basis that your wife could be refused holidays in order to look after children, for example, during the school holiday periods. Essentially, the employer is wrong. Whilst there can be a policy of staff coordinating their holidays so that there is always someone there, that can only work if there is the staff to cover and the employer has acted in a way (probably in breach of the employer/employee duty of trust and confidence) that this is not now possible. However, that is the employer's issue, not your wife's. She is entitled to holidays and it is not right that she should have to sacrifice her holiday time in the interests of another member of staff. She should raise an immediate grievance as I suggested earlier.

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Customer reply replied 2 years ago
I assume you do not need my wife's other contract you asked me to try and get in view of the one I sent you being only a "variation" of a more fundamental one.
Regards

Happy to look at it but the other document you sent appears to cover it comprehensively.

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,379
Experience: 30 years as a practising solicitor.
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JGM and 87 other Scots Law Specialists are ready to help you
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Customer reply replied 2 years ago
I had thought myself of using the grievance procedure so its good to have received confirmation of that line of enquiry.
That us finished I guess, thanks.
Regards
John Cousins
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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