Porter's forthcoming wages

Nkolika Oraka Nkolika.Oraka at rradar.com
Fri Oct 26 16:28:37 BST 2018


Good Afternoon everyone,

I note the emails that have gone back and forth and in particular note the comments about Mr Aziz. Whilst I appreciate your desire to treat Mr Aziz and Eddie the same, they are not the same for the simple fact that Mr Aziz has worked for you for nearly 2 years. It is therefore not as straightforward as giving Mr Aziz a 3 month contract.

Although Mr Aziz has not had a physical contract he nevertheless has a contract with you, ultimately when you offer a job and it is accepted by an employee even verbally that creates a binding contract especially where they have been paid and working a certain way for nearly 2 years.

A written contract simply ensures that such an arrangement is formalised and also clearly sets out what is expected of the employee and the employer in the working relationship. It also ensures that if there is any dispute as to how things have been done, either the employer or employee can revert to the written contract to resolve issue.

If you wished Mr Aziz to now work under a 3 month fixed term contract you would have to go through a variation to contract consultation process with him because he will be going from being a permanent employee to a fixed term employee which is a different way of being employed.

Kind regards
Nkolika




Nkolika Oraka Solicitor & Team Leader - rradarstation
rradar limited
6 Beacon Way, Hull, HU3 4AE
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From: Delia Covezzi <deliacovezzi at gmail.com>
Sent: 26 October 2018 15:01
To: Peter Rose <mrpdrose at gmail.com>
Cc: Bandymocatta at btinternet.com; Glenn Pereira <glennpereira at gmail.com>; Anna Cury <anna_cury at yahoo.com>; Crispin Sampson-Bancroft <crispin at wb19.co.uk>; WB19 <info at wb19.co.uk>; Antonella Santini <family at fabris.co.uk>; Antonella Santini <antonellasantini at me.com>; Nkolika Oraka <Nkolika.Oraka at rradar.com>
Subject: Re: Porter's forthcoming wages

Dear All,

I Agree that it would be good, if possible, to put this on hold until next Board Meeting.

As I mentioned to Yvonne earlier this morning when we spoke on the phone, and as Peter pointed out below, despite the calibre If the individual, they are billing employed to do the same job and same about of hours. Said this, I have not objection to raising both salaries, but it is only correct that these are equal.

I also suggest, if able, to draft a contract for Aziz as well. Both Eddie and Aziz should receive the same contract, with the same pay. We could do a 3 month contract for both. A question to ask Nkolika: if we produce and sign a 3 month contract with Aziz, would this in effect reset the current legal situation of Aziz having been employed for close to 2 years with no contract?

Kind Regards,

Delia.

Delia Covezzi
deliacovezzi at gmail.com<mailto:deliacovezzi at gmail.com>

On 26 Oct 2018, at 11:53, Peter Rose <mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>> wrote:
I think that Glen’s point is that maybe the decision to raise wages should wait until discussed formally by the board.

Caliber of the individual or not, they are both being employed to do the same job and hours. We must ensure we can raise the wages of both before we raise the wages of one. It may also be wise to wait to do so until after the EGM (though again, should be formally discussed at the upcoming board meeting).

Unless some how that has already been implemented I feel there is too much involved not to be discussed at the next meeting. Did I miss this being approved at the last meeting?

I suggest that at the next meeting Yvonne presents the facts as discussed with Nkolika, Anna can present the financial impact, and we vote on whether to go ahead and if so when.

I am grateful for all the work committed so far, and I’m sorry if it seems I’m hindering progress here, however I feel it can wait a few more days for the sake of a fully-informed decision to be agreed by all.

Can we agree to wait to review all the information at the next bird meeting?

All the best.

Peter

Peter Rose
mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>

On 26 Oct 2018, at 11:25, <Bandymocatta at btinternet.com<mailto:Bandymocatta at btinternet.com>> <Bandymocatta at btinternet.com<mailto:Bandymocatta at btinternet.com>> wrote:
Dear Glenn,

“I  pressed send before seeing yours” , I meant to say.  There was such urgency put upon me to get the subsequent three months done for this morning . I have no objection to raising Aziz and devoting myself to a contract for him earlier than the two years – even next week.

Regards,
Yvonne
From: Bandymocatta at btinternet.com<mailto:Bandymocatta at btinternet.com> <Bandymocatta at btinternet.com<mailto:Bandymocatta at btinternet.com>>
Sent: 26 October 2018 11:09
To: 'Glenn Pereira' <glennpereira at gmail.com<mailto:glennpereira at gmail.com>>; 'Peter Rose' <mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>>
Cc: 'Anna Cury' <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>; 'Delia Covezzi' <deliacovezzi at gmail.com<mailto:deliacovezzi at gmail.com>>; 'Crispin Sampson-Bancroft' <crispin at wb19.co.uk<mailto:crispin at wb19.co.uk>>; 'WB19' <info at wb19.co.uk<mailto:info at wb19.co.uk>>; 'Antonella Santini' <family at fabris.co.uk<mailto:family at fabris.co.uk>>; 'Antonella Santini' <antonellasantini at me.com<mailto:antonellasantini at me.com>>; 'Nkolika Oraka' <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>>
Subject: RE: Porter's forthcoming wages

Sorry,
I pressed send on the final final version, which I had gone through with Crispin and Nkolika and the copy has gone through to both.  I defer to her advice on this.
Yvonne

From: Glenn Pereira <glennpereira at gmail.com<mailto:glennpereira at gmail.com>>
Sent: 26 October 2018 10:30
To: Bandymocatta at btinternet.com<mailto:Bandymocatta at btinternet.com>; 'Peter Rose' <mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>>
Cc: 'Anna Cury' <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>; 'Antonella Santini' <antonellasantini at me.com<mailto:antonellasantini at me.com>>; 'Delia Covezzi' <deliacovezzi at gmail.com<mailto:deliacovezzi at gmail.com>>; 'Crispin Sampson-Bancroft' <crispin at wb19.co.uk<mailto:crispin at wb19.co.uk>>; 'WB19' <info at wb19.co.uk<mailto:info at wb19.co.uk>>; 'Antonella Santini' <family at fabris.co.uk<mailto:family at fabris.co.uk>>
Subject: RE: Porter's forthcoming wages

Hi,
We can leave the salary as it is for the moment and put it up after a discussion at the Board meeting, even retrospectively.
I think we will just have to send a simple letter with reference to the contract.
Cheers,
Glenn.

From: Bandymocatta at btinternet.com<mailto:Bandymocatta at btinternet.com> [mailto:Bandymocatta at btinternet.com]
Sent: 26 October 2018 09:58
To: 'Peter Rose'
Cc: Anna Cury; 'Antonella Santini'; 'Delia Covezzi'; Glenn Pereira; 'Crispin Sampson-Bancroft'; 'WB19'; 'Antonella Santini'
Subject: RE: Porter's forthcoming wages

Dear Peter,

I have already talked to Nkolika about Aziz and he will follow suit in time for his two year’s anniversary.
We can’t delay legally with Eddie just on account of not having provided correctly for Aziz in the past. There are many implications.  We must not repeat an error.
I have not objection to raising Aziz’s wages and Anna will calculate accordingly.
I know Eddie is the new guy on the block, but he is of a higher calibre than Aziz and has also had much more security experience for a longer time.
I also think he is much too discreet to even discuss wages with a colleague.  Aziz certainly defers to him.

Hope this allays your fears

Regards,
Yvonne





From: Peter Rose <mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>>
Sent: 26 October 2018 09:32
To: Yvonne Mocatta <Bandymocatta at btinternet.com<mailto:Bandymocatta at btinternet.com>>
Cc: Anna Cury <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>; Antonella Santini <antonellasantini at me.com<mailto:antonellasantini at me.com>>; Delia Covezzi Rose <deliacovezzi at gmail.com<mailto:deliacovezzi at gmail.com>>; Glenn Pereira <glennpereira at gmail.com<mailto:glennpereira at gmail.com>>; Crispin Sampson-Bancroft <crispin at wb19.co.uk<mailto:crispin at wb19.co.uk>>; WB19 <info at wb19.co.uk<mailto:info at wb19.co.uk>>
Subject: Re: Porter's forthcoming wages

Dear Yvonne and all,

From the beginning it was not clear to me exactly what this discussion and “vote” was about. I assume it is a proposal regarding Eddy. If it relates to both Eddy and Aziz then only my last point is valid and I feel that we should not change anything until after the EGM at the earliest.

My feeling are:

- We should not pay Eddy more than Aziz.
- We should not provide a contract to Eddy if we do not do the same for Aziz.
- We need to assess the annual impact on the finances and retain the significant margin of savings since the old setup.

Peter.

Peter Rose
mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>

On 24 Oct 2018, at 10:16, Peter Rose <mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>> wrote:

Can you confirm that we are talking about a three month contract for Eddy?

Peter.

Peter Rose
mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>

On 23 Oct 2018, at 17:40, <Bandymocatta at btinternet.com<mailto:Bandymocatta at btinternet.com>> <Bandymocatta at btinternet.com<mailto:Bandymocatta at btinternet.com>> wrote:

For the purpose of the next three month’s contract what will his wages be.

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