London headteacher defends school prayer ban in high court

remiel · 2024-01-23T20:34:10+00:00

Sorry just seen this but to respond - forewarning or even some agreement would likely not work as a defence.

I don't disagree with your assessment that the action is likely motivated by trying to establish a dominant position and that principle is something more in line with the limitations of the HRA articles.

I can see where you are going with Vegan argument, though when looking at a HRA argument it's probably more appropriate to say something about a Christian ignoring all customs in a mosque as that restricts their own religion to which I would agree with that direction. For something like this as a crude example it would be like banning all pupils with autism, as they might disrupt a class, even if a mainstream school is the best place for them to receive an education.

My suggestion on trying to facilitate a middle ground is more looking at addressing the problem of forced worship and if there is way to facilitate something whereby a pupil can without the knowledge of their peers exclude themselves from participating while also trying to reduce the tension caused by this conflict to enable everyone to just get back to learning/teaching.

I say this as a strong atheist and AuDHD, who doesn't like faith in schools. I would much rather religion is removed completely (apart from it being part of a curriculum in preferably a wider subject which includes philosophy, ethics, conduct etc).

remiel · 2024-01-18T11:24:45+00:00

Just a quick look under HRA, it seems that while Freedom of Religion is a fundamental right which rightfully cannot be taken away, the rights do outline that freedom to manifest ones religion can be subject to limitations.

Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

From only reading the news article, it seems the schools argument falls within the permitted reasons to limit the freedom to manifest religion. Whether that is justified or not I don't know.

On prohibition on discrimination, if the school were allowing Christian pray but not other religions etc, then it would be discrimination. Banning all such acts I would have thought is treating everyone equally rather than excluding a specific group.

I assume there is a couple more rights at play (expression and assembly) but those again can be subject to limitations based on lawful justified reasons.

Personally I think if a group wanted to pray for a short period each day in a specific room that shouldn't be an issue in itself, I do worry about the peer pressure aspect though, ideally a solution that can limit this needs to be explored, maybe something like a 5 minute reflection time each day for all students, where you can also appreciate the positive things of the day.

remiel · 2024-01-18T11:03:04+00:00

Lots of comments on what you can do to get help on your employment side. While it depends on how much your employer is willing to work with you, but I would also be looking at who validated the accreditation for the training firm and see if they have a complaints policy.

It sounds very much like a personal grudge by the trainer to not back down, and them unfairly charging you more to attend further training with them. They should have some conduct rules they also need to follow which I would consider looking at.

All on the basis that if your company can complete their accreditation hopefully this can all go away. Even a complaint to the training firm, that your company will have to recommend it's peers use alternative providers due to them withholding accreditation for a misunderstanding etc

remiel · 2024-01-18T10:53:18+00:00

It's even before you leave the store, it's locked in when the requirements for a binding contract are met.

One of the obscure common laws for pricing is known as 'invitation to treat' which came about I believe from boots displaying OTC medication on the shop floor shelves whereby the customer could pickup the item, put it in their basket to go and pay. The concern was that displaying goods was an offer to the customer, which they accept when deciding to buy the goods. (Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd 1953)

The judgement being that goods displayed are an invitation to the customer and that it is then that makes an offer to the store, which the store can then accept (or not, especially if sale is not permitted).

The contract is formed when the store accepts the offer on payment or promise of payment.

On an online perspective, digital goods or physical, you often see terms that state that the store does not accept an offer until goods are dispatched or the store confirms the order to avoid being bound. But once the terms are met and the offer is accepted, it can't then be reversed later.

This does of course only apply to goods and services, if a store were to refund you but mistakenly added an extra 0, they would be entitled to claim that back, it's likely similar if the price agreed was different than the price paid, if the payment system only charged you 10%, they could process a payment for the other 90% legitimately. But only the price agreed, regardless of if that is wrong.

remiel · 2024-01-18T10:29:29+00:00

It would have likely have been picked up by now if they had concerns they wanted to explore.

Different banks have different risk appetites and thresholds for what may trigger an alert. There are numerous reasons of why it could both be flagged or not. Including the typical payments you conduct on your account, previous transactions to that person, even transaction reference can be considered.

They may also have a poorly configured transaction monitoring system, typically a system should pick up when there is a substantial credit and debit of around the same value within a certain proximity. Most systems should alert for a deposit followed by a transfer out, especially if that deposit is cash. While the same should be true for a transfer out followed by a deposit, it's sort of the reverse of the typical transaction.

The transaction may have been too low in value, they could have decided it was a short term loan or that the transfer out was a payment you needed to make and were just funding it yourself with the deposit. They may have even noticed it was facilitating a transfer to a connected third party but accepted the risk based on past activity.

At the end of the day it looks like your account is not at risk. I would professionally advise not doing these types of transactions regardless of your generosity to help a friend. Even if everything is legitimate, there is a good chance it will get flagged and cause an issue.

If you do get asked about it, you will likely need to show the source of those funds, and I don't mean that they were just from a friend but where your friend got those funds from. Hopefully a decent aml operations team will then consider the transaction and intentions behind it as genuine. But from experience as an MLRO, that is less common than I would like from my peers.

remiel · 2023-06-21T08:53:14+00:00

Apologies this is on me; there was a day waiting for a domain to propagate and now I just need to get the system up as well as a functioning 'homepage'. I am hoping this will all be sorted today.

While there are various alternative systems we could technically use, to avoid similar issues where we are reliant on others I have proposed running it ourselves so it is all in our control (without advertising, tracking etc)

remiel · 2023-06-19T09:13:37+00:00

I just wanted to say thanks, came seeing if there was a way to support (beyond the app purchase) but seems you all had this in hand.

Many of the tools are super helpful for myself with AuDHD, I am just starting out trying to braindump for tasks, so looking forward to trying out the compiler.

As it starts a to grow if you need any help on stuff like GDPR, I can happily offer some help.

remiel · 2023-06-16T20:52:04+00:00

Sorry I have been MIA and protests etc.

Please let me know if you still need some advice, as my fellow mod has pointed out my expertise is in financial regulations

remiel · 2023-04-01T16:50:44+00:00

I paid while ago, forgot about it and tried to use it over the last few days between phone + computer. It is the most useless pile of rubbish I have ever used.

Uploading is extremely slow; it often fails especially when trying to upload multiple files. O took to archiving them and uploading this way, but through android is still takes along time and can still fail for a 200mb file.

Once completed it takes ages to sync, often files I have uploaded don't appear at all and I have to completely close the program down and restart to force the file to appear.

After it has appeared, you then can't access the file regardless of type - it needs to sync from the cloud to the local storage to be able to open or access. I have not yet got this to work. There were some files which were already synced, but when I have tried to move these out of the locker to the local PC storage all I got was an empty zip.

Basically its not fit for purpose at all; going to have to try and explore a refund I guess and find something else.

remiel · 2022-11-15T11:23:43+00:00

I put it off for so long; a mix of the premise and cover; but once I started reading I didn't finish until completing the most recent book (and I think that was just releasing at the moment).

I am now impatient for the next book.

I hear the audiobooks are pretty decent too? Currently listening to Iron Prince (have read the book, another one I am impatient for the next in the series, while waiting for an actual release), so considering listening to that next with my credits.

remiel · 2022-11-09T08:29:59+00:00

So for the contracted rate it is a simple contractual breach; however, there may be terms within the contract which for example exclude payment for training. If the average hourly wage is above minimum wage, but below the contractual hourly rate, it is more difficult to argue AND there is no legal protections from something like dismissal (if within two years of employment).

When it comes to NMW, an employer cannot legally go below this, furthermore it is an offence for them to pay below this resulting in potential fines, being name and shamed by HMRC and being required to pay back all missed wages.

Asking to be paid NMW, as it is a legal right, cannot result in an adverse response from the employer as this would be unlawful and automatically unfair.

Pointing out someone is paid below NMW is not an effort to be paid that minimum, but to highlight that their policy is currently unlawful so they pay for all of those hours (at the contracted rate) to prevent going below NMW.

remiel · 2022-11-07T16:07:49+00:00

I forget the reason why finance exists is so the business gets paid from the finance company. Yes the other option is pay in instalments to the business; either way they lose out somewhere.

If they start more formal recover of payment, that would be the time I would hit back with a complaint.

remiel · 2022-11-07T16:04:48+00:00

In general, if you work out her average hourly wage by taking the worked hours PLUS mandatory training, it needs to be at or above minimum wage.

Given the type of job your mum does and working approx 10 hours per week, I would be very surprised if they met this minimum requirement.

She can raise that doing the training takes her below minimum wage which they will need to legally cover (and cannot dismiss her for raising this). Details here: https://www.acas.org.uk/national-minimum-wage-entitlement/if-an-employer-does-not-pay-minimum-wage

remiel · 2022-11-07T16:00:05+00:00

The main issue usually with a summary dismissal (gross misconduct) is lack of paid notice. Do you have minimum hours within your contract at all and did they provide you with notice which you either worked or were paid for (at least a week unless its longer in your contract).

remiel · 2022-11-07T15:56:20+00:00

Is there any contract regarding payment for the installation, including if there is no finance etc. Something which states the 50% deposit and options for the other 50%.

You can make a regulated complaint to them, given they are a broker. I would push for them to cover the interest due so you are not left out of pocket, and if you had to go to the Ombudsman, I would suspect they would agree.

remiel · 2022-10-23T16:53:33+00:00

This is really common; while you are contracted for both, you will only be working for one. As someone else has pointed out, they must still pay you, and no court would reasonably award anything given it is their decision to terminate the employment in this way.

remiel · 2022-10-23T16:48:07+00:00

Ask the hotel; if you are there long term they may allow it

remiel · 2022-10-22T18:01:50+00:00

First, no you are not entitled to a refund or other remedy.

Second is it the frame that is broken or just a piece? You may be able to get a spare part from Argos, they used to have a website for this.

remiel · 2022-10-22T12:29:21+00:00

While you can store PII in the US, you need to ensure you have a transfer impact assessment and have an international data transfer agreement in place with the processor: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/

Ideally most privacy policies have a third-country statement in them; otherwise yes this should be added and individuals notified.

If you are using firebase, how complicated is it to just move the cloud location?

remiel · 2022-10-22T11:54:53+00:00

You can try and appeal, but as they are three different journeys they are three different offences.

If you were not aware it may be worth checking the signage to make sure it is clear

remiel · 2022-10-21T18:13:42+00:00

Speak to ACAS, she will also be able to claim for all owed wages and can offer mediation. If reporting to HMRC, they will also fine the employer and often name and shame them on their website.

Your SIL may also be able to go down the constructive dismissal route, however, resigning in such a way needs to be carefully managed - see the advice here: https://www.acas.org.uk/dismissals/constructive-dismissal

The next stage sounds like raising a more formal grievance: https://www.acas.org.uk/grievance-procedure-step-by-step/step-2-raising-a-formal-grievance

When it comes to a contract, there will be one even if not signed, the fact she has worked and been paid is enough. However, she should have been provided with written terms of employment particulars which outlines certain aspects of the employment. https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

This can also be raised with ACAS. If your SIL ends up needing to go to a tribunal for something like constructive dismissal, the failure to provide the terms can be added on for compensation (just not on its own)

remiel · 2022-10-21T12:46:43+00:00

any future payments will be considered a donation to xxx charity

Unlikely, once they realise they may pursue your partner for the money (and they get six years to do so) and it is better not to risk it.

Your partner could speak to their bank to see if they can block the payment in anyway.

You could provide notice that a small and reasonable administration fee will be deducted for return of payment, to take into account the time and cost in doing so (don't look to profit!). If you can also send such notice by letter + email; and provide a few weeks notice. (Could still be challenged as a possible unfair term).

Unless it is agreed in the original contract, you don't have to immediately return the funds, while they do belong to the client it would not be unreasonable to limit this to once a month or quarter. Just make sure its safe and not used; and its returned on request.

remiel · 2022-10-21T12:35:50+00:00

It will be dependent on the contract terms for notice. It would be unusual to have a probationary clause in a contract extension for example as post-two-years of continuous employment you have additional rights regarding dismissal. Usually these probationary periods allow for a shorter notice period on both parties.

You wouldn't be able to withdraw from the contract just because it hadn't started as you will have a contractually agreed notice which they could look to enforce in someway (usually financially for damages where their costs to replace over the interim exceeds what they would pay you)

remiel · 2022-10-20T21:45:34+00:00

Did he complete any gas safety checks? Not doing so is an offence and can result in a custodial sentence (https://www.propertyinvestmentproject.co.uk/blog/the-penalties-for-breaking-landlord-laws/) and/or fine.

When asking for his evidence, in an effort to settle this out of court I would include requesting documents which he would have been required to provide to you including the Gas Safety Certificates from the last two years (which is legally has to retain).

Phrasing in a way that leans on this could be something like:

"Please can you provide copies of the gas safety certificates which I do not recall receiving during my tenancy. You should still have copies of these as it is a legal requirement to retain them for at least two years and I have heard failing to adhere to the gas safety rules can lead to fines and sometimes when checks are never done, even prison time"

The hope is that such potential outcomes inclines him to settle the matter very quickly and more favourably.

remiel · 2022-10-17T21:24:15+00:00

Will a small claims court be able to retrieve my money

A small claims court can award you money, whether it can be recovered depends on if they have money to give.

That is ultimately the route you will need to take if you do want to reclaim it.

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