Thank you for your time and efforts to sort out the outstanding case. With total legally bound cooperation, as we have spoken over the phone and in accordance your agreement, yet full of courage, today - I have taken time to analyze all the existing facts and historic evidence related to the Historic Case - going back to basic existing evidence:
Therefore, with the utmost personal respect to you and to the human integrity - I will dare to take the ultimate risks, and will be clearly presenting existing facts and writing to you based on the evidence as the final contesting presupposition supported by the clear crystal existing all the evidence - contract, payslips, HMR&C data and all the communications accumulated other the period of this betrayal - as well as the statements that we have made and commonly agreed - Make-up-Payment for short-fall in hours work for 2010 to 2012 - as contracted hours and CUSTOM&PRACTICED night duties undertaken by me during the long standing employment within the company.
Nevertheless, with reinforced strength and courage - I request you to be more compassionate towards your fellow employee and employ the humbled wisdom and the foundation of the human integrity - to reconsider your outcome analyses and proposed final decision:
Fact one: It is crystal clear and you have been fully aware of the fact that The Line Managers - have not honoured my contract: - see grievance notes, evidence and outcome proposals:
- If work would have been given honoured the presupposed 48 hours in according to my contract - as well as my CUSTOM&PRACTICE working night shift duties, I would not made the appeal or requesting for the long standing grievance, and as you have clearly acknowledged - there would have not have been a shortfall in wages for January 2012/ just for a single month period shortage of £500 paid in February 2012 - Also - I would have earned minimum £48 hours x 52 weeks at overage £8.00 and even at some sits sometimes up to £10:00 per hour, as it is the case in Bracknell, Reading & Basingstoke area, where I was CUSTOM&PRACTICED My normally night duties!
Fact two: if the contract would have been honoured - There would have not been A Need for Contestation / or Grievance that was led by Mr Sean Teatheredge - concluding in "£1881 compensation for "NOT HONOURING the 48 hour contract" making up sum for shortage of work during employment - April 2012/April 2013"... And you have clearly agreed on these when we have met at the hearing in Swindon!
Fact three: If I would have been treated with respect and accordance to human equal rights, according to The Existing Signed contract - I would have been earning my presupposed wages (Much better than the proposed minimum wages) and would have not had the need to commence the grievance or accepted the offer, Mr Simon Taylor would have NOT have implemented such drastic measures - work discrimination as to have fabricated evidence, constructing case in order to dismiss - as well as to waist so much time and companies assets in order to go through endless hearing processes, damage my trust in the company and inflicting unnecessary stress / lose of earning, dismissal - and as you clearly are aware: reinstated under new contract manager: Thanks to Mr Paul Lotter's genueity and integrity - and HR Pavadeey Gyie integrity in notes taking - evidence exists: you cannot ignore the history!
Fact four: time scale of the investigation and unacceptable delay: I have worked tirelessly as to cooperate with you and governed all the facts as to be treated fairly and legally to be paid what was promised - yet true - I claimed no certain figure, but that was to be calculated according to payslip statements and THE EXISTING CONTRACT & CUSTOM&PRACTICED undertaken work!
Please always Remember - there's no such thing as a "small act of kindness" (gesture of good will as you claim - proposed £1800 to be paid on 10th of August - that is the outstanding shortfall in hours for April 2012-April 2013 and the amount is fester than £1800 it is precisely according to proposed details - £1882.37 see the details / evidence presented to you!
Fact five: as other the so many years I have shown commitment and respect towards everyone, especially to those who were positioned higher on management level, looking up from whom I could have learned something: but now please explain:
1. What is INTEGRITY of judgment - asking me to produce all the evidence, when you have promised to assist me in solving the short-fall in hours? - Your claim of Integrity and Respect towards your employee and fellow associates, when such situations are arising, why gross misconduct is practiced?
2. Why you - the highest position within the company DO ignore the existing evidence provided - even in the existing statements: plenty showing shortfall of 48hours per week?
3. Clear evidence From HMR&C - as requested when you and Mr Michael Clancey have accepted the fact that there is clear evidence of breach of contract - not honoring the 48 hour contract: and these is NOT stated in The Hearing Notes: WHY? Why notes have not been produced at the end of our meeting as to be read and signed by me? WHY you did not keep your agreement - communicate within two week period? Why took more than 8 months to disregard the evidence and all my efforts to cooperate as searching to settle the agreement: short-fall in 48hour breach of contract - April 2009-April2010 to April 2012?
Being a genuine person as sated before and as I should respect you and your positions within the company, as the final indication of cooperation and intending to avoid going to Tribunal, refrain from prolonged disputes - ignoring the fact trying to mix them like "water and oil", repel each other, my FINAL proposal as stated on on the time of hearing and during the conversation - let us workout a figure that will settle the disputed shortfall in hours: like milk and water, mingle together, the existing evidence and the good will, and with clear conscience - legally and fairly to settle the battled agreement and move on successfully!
With personal integrity undamaged, respect for intellectual excellence but no financial compensation agreed, the restoration of personal vigor and discipline to ideas of "moving forward!' is like drooping dead on the final line at the finish of the prolonged "Olympic competition, "
My personal curricula of events and experience which aim to settle with you, yes I have been reinstated to work, yes I am working very long hours 14 hours shift not including commuting, while strengthening my personal intellectual fiber and stretching the power of my mind, personal commitment and responsibility towards my family and two little girls, as preconditions of recovery today;
The repayment of The short fall in hours it is inevitable: “Human diversity in approaching fact(s) and acknowledging the existing evidence it makes tolerance more than a virtue; it makes it a requirement for survival stringent and unavoidable.
My actual life is a fact, as the existing 48 hour contract - working and fully commitment to 54 hours per week night shifts, 14 hour night shift excluding commuting time for traveling to site (commitment & responsibility from my side honouring more than my existing contract) in view of which I have no occasion to congratulate myself, but it is a clear evidence that I have worked and even during so many years of employment trusted you disclosing all the evidence to you as senior investigators and looking up for a fair hearing: please don't disregard all the evidence!
As for my integrity, by practicing living faith and with genuine aspiration I have had respect shown time and time again towards my associates and towards you as genuine investigating superiors, yet the hearing nots were not presented to me according to The Standard Practice at the End of The Hearing as to read, Rectified / Amended and signed! It is clear evidence that the hearing NOTES presented to me at present are inaccurate and inconclusive that clearly failed to deliver what it was commonly agreed during the meeting, promises made by you - holding on your Position: with Integrity, legality and transparency: seams that all have diminished - I hope that NOT lost!
I am only one, but still I am one in integrity!
I cannot do everything, but still I can do something - intending to battle through the entire legal process with the presenting clear as crystal all the existing evidence!
Please take note of the fact that I present time and time again - all the existing written evidence and facts are used as ammunition because I cannot do everything or conspire with my fellow managers (as it has been practiced by Mr Simon Taylor in order to dismiss me) and the notes and data are clearly The Much Needed evidence supporting the case before it will be settled and will not expire - unless you will settle as it was initially commonly - legally bound agreed!
I will not refuse to do something that I can do, bound by my conscience and honoring my contract - I long to accomplish cooperation in receiving the outstanding promised payment - legally known as compensation for shortfall in not honoring the contracted 48 hours - total estimated of 4291 hours (employment period of 2010-2012) and the noble task at the deemed appropriate financial compensation value - even on minimum wage calculation as you have clearly proposed - I am Legally Bound to Accept minimum Wage per outstanding short-fall payments!
Ad stated before - it is my chief duty to accomplish at least the small tasks - reflecting of the lost values of I could have earned if work would have been offered and my contract honored: they were great and noble figures - I am allowing your discretion - but by 10th of August to be finalised and fully styled paid into my account!
It is from these that I speak - and today CLEARLY contesting your presupposed final decision, finally requesting time-extended evaluation In recognising the humanity of your fellow employee - as work associate and fellow human being, please treat me with equal human rights according to my contract as well as to my CUSTOM&PRACTICED NIGHT DUTIES During the entire employment period with the company - and PLEASE do oblige by legal boundaries: I need my outstanding funds to be Calculated accordingly as I have to pay my fast encasing debt that was enquired during No Work - No Money period!
With all my Faith that gives me the strength by which a thrive to cooperate and hope to restore shattered trust, please respect and honour the existing contract and shall emerge into the light successful resolution that is amicably accepted and bound to be legally and genuinely correct:
As according to your legally bound statement explaining the situation and your proposed legally bound evaluation/remarks:
"You provided me with a yearly salary of £19, 968.00 from 2010 onwards which you worked out as an average based on a rate of pay of £8.00. I explained that although your Contract states a 48 hour week, your rate of pay would not be below minimum wage which year on year has increased from £5.93 to £6.08 and now currently £6.19. For this reason, my opinion differs that you would have maintained a year on year salary of this amount..."
Please reevaluate and calculate the figures accordingly - if we estimate the given/take approximate hours - CUSTOM & PRACTICE - Night Duties for my Entire Employment: Saturday Night to Thursday Night:
April 2009 - April 2010 total estimated 971 hours (even if it is £5.93 calculated at your discretion!) - £ 5, 758.03 (I had the 56 hour contract - CUSTOM & PRACTICE based on Night Duties)
From April 2010 - January 2011 - 56 hour contract changed in to 48 hour contract - CUSTOM & PRACTICE based on Night Duties) - April 2011 total estimated 2070 hours (even if it is £6.08 calculated at your discretion!) - £ 12, 585.60
April 2011 - April 2012 - total estimated 1250 hours (even if it is £6.19 calculated at your discretion!) - £7, 737.50
And finally - adding the offer made by The Securitas Manager Sean Teatheredge statement - that is Legally Bound Evidence, he clearly stated:
"Ø I accept that your 48 hour contract has not been honoured. Therefore I have concluded that you are owed a total of £1882.37. This amount is subject to deductions (Tax & NI) at the prevailing rate" that was deemed appropriated and never disputed!
As I have always cooperated with you, in considering all the facts and evidence, before will proceed to external intermediaries and bringing on other legal representatives, as final request brought to your attention - presenting clear calculations and factors that are based on statements, and agreement as well legally Boyd contract, and CUSTOM & PRACTICE of my normal night shift duties, I leave at your discretion to reevaluate and calculate honouring not only the contract, but in decent manner a humanly bound respect and genuine approach to the situation.
With all the presented evidence and with my due respect and cooperation, that is my genuine request for compensation!
Please do inform me accordingly of your decision and offer as to save time, unnecessary legally bound efforts or costs.
Looking forward to hear from you,
Andrei M Balan
Sent from my iPhone
Begin forwarded message:
From: Andrei M Balan
Date: 23 June 2013 20:34:56 BST
To: Leigh Dyer
Subject: Re: Shortfall in hours - WITHOUT PREJUDICE
Thank You kindly for your Email and for your offer of settling The ShortFall!
I have taken time and time again for a comprehensive analyses of your offer:
It is significantly better than previous offer. Without any prejudice and nothing against anyone, yet - by analysing carefully your new latest proposal - I am not going to accept it on The Simple Principles:
A. Does not reflect The Reality - it does not make any sense for me to agree or to disagree with what you are offering as it does not reflect the reality.
B. Although I Thank you for acknowledging the fact that "The Disrespect and Un-LAWfull" misconduct was not "mine!" And due to the fact That my request reached a "No turning back point!" - where the historic principle - "No Work was given! The contracted hours were grossly disregarded - and my endless requests for work were neglected... I think that now is time for going on Legal Principles due to solve this case.
C. Please NOTE:
- I had to cooperate with you and present all the evidence and contract too...
- I requested "A FAIR and Honest!" treatment - unfortunately: Without any prejudice, I truly feel that I am being betrayed yet again...
- Final point: after all the dreadful experience that I have been put through during the years from my line managers, now we got to the point of where The Highest Representatives from SECURITAS are: not providing The Evidence of my Income: withholding evidence is illegal!
- After I have presented The Evidence from The HMR&C - I am facing inappropriate challenges facing dreadful offers made to me through such a gross disrespect:
- No Offence - but at this point in time, may I request to send me ALL the Documented Evidence on WHAT bases you are making your calculation for these kind of offers as I do firmly believe that your offer it does not reflect the true picture of the past situation and The outstanding SUM!
I am going to hire an official accountant and even ready to pay A LAW Firm that will take The Case as far as needed to solve this "Historic Case!"
Please NOTE: I am not being difficult - but realistic: I feel dreadfully betrayed yet again as I am defending my rights.
I have trusted you - but unfortunately now it has been taken far too much time and we are going nowhere. Although I truly valued the Cooperation and long lasting respect towards our company, as you are failing to provide The Much Needed Information, and as I have The Official Contract and proof from The HMR&C - I am ready to go to The Ultimate Escalation to Be Faithfully and Under Equal Rights and Employment Regulation.
I expected to be Treated with respect and according to The British Law and Employment Regulation:
1. For instance - as you are well aware, it was not my fault that job was not given to me: I have clear evidence that I have Requested Work and made myself available requesting work from my line managers:
2. When work was given to me - I have faithfully and genuinely fulfilled my duties according to my best of abilities.
3. Beside the HM R&C as well as Tax Office Evidence - I have Pay Sleeps and Legal Evidence as well as witnesses that will be willing to assist me in: Why are you neglecting All The Evidence?
A. Providing evidence of work injustice. Regarding Favouritism - shifts given to favourite guards:
B. Withholding Evidence - that will prove that The Reliance Managers have failed to comply with companies' policy - mistreating me - Equal Rights of Employment. I have clearly been betrayed...
C. As per previous Emails - Without prejudice - I have clearly entrusted you - more than year and half I was cooperating with you and kept waiting for you to solve this case.
As it has been promised to me - The Securitas PayRoll have failed to provide the evidence for None Paying because those payslips will prove months of no work - no shifts and no payment.
As I have presented to you The Evidence from The HMR&C - I have presented "the minimum" what I was going to earn if work was going to have been offered.
For the last time - I beg you: Please don't put me through the trouble to go to length of escalating the case into A Full On Legal Procedure and Search of Full Justice on this case:
... the figures from HMR&C - I have presented the clear figures - 2009, 2010, 2011, 2012
According to the agreement:
If overage 48hours x 52 weeks - total 2496 hours per year - £8.00 = £19.968
Let see the true picture now: how much I was supposedly to earn / how much I have lost due to not given work:
£19, 968 - £12, 203 = £7, 765
£19, 968 - £3, 409 = £16, 559
£19, 968 - £9, 975 = £9, 993
April 2013: earned to date £18, 172
still outstanding £1500 or £1800 that is not calculated - Sean Theatheredged offered
As per your Email - without my agreement you have taken the stand on offering me the minimum wage: I really consider that "Inappropriate!" When you know that Overage Company Pay/Hour it is correct.
However calculating and deducting what you have figures I was supposedly earned on £8.00 and £9:00
That calculation it is not plausible:
Why: because you have not taken in consideration The hourly rate! I understand the "minimum wage" approach, but in this case - if you go by minimum wage, I am clearly entitled to compensation for all of The Above mistreatments.
Therefore: with no prejudice or any disrespect - although it is genuinely appreciated your efforts - even now more than year and half, I honestly do consider that: Not the initial £1000 or £1500 or £1800 than £10, 000 and latest £11, 800 does not represent clearly The Outstanding Figure - And with broken heart and profound pain - I consider clearly that this offer genuinely does not reflect the true situation. I simply cannot accepting your latest offer.
As I have done so much work - provided all the evidence, and still searching to reach a genuine comprehensive solution, needless to mention that I have waited so long for Payroll, and the HR to clarify the case, and at present - still not progressing according to what must be done as The Figure Offered does NOT reflect the reality: what is the next step forward?
As you are directly responsible The HR of Securitas company - and Mr Mike Clancey is The Area Director - with all my due respect as The representative legally bound and obligate to assist in solving this case - I request your final assistance - what are The Legal Procedures and Standing procedure to solve this case?
- Am I Free now to bring The Third Party - an Accountant and A Legal Lawyer - that will help solve this case?
- Beside my Outstanding historic Payment - The Company will face to support The Legal Costs and paying my outstanding Well-deserved compensation.
Please advise me at present what is The Next Step:
I have complied and faithfully looked to cooperate fully with you as to solve this case, but with great pain at present I am considering legal advise with calculating the numbers: as to know exactly how much I am supposedly to receive...
Please treat me with due respect - as I am asking you to reconsider the figures based on simple two facts:
A. - income lost due to no job provided - loads of trouble and various fines due to having no income
B. - attitude and disrespect / favouritism from line managers who totally disregarded my requests for work:
With regret, this Email - is The Final Email that I am writing asking for your assistance - and I am waiting for an official letter - proving The Counsel - The Legal Procedure that I should follow in order to comply with our company's policy.
I really MUST get this case solved.