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whitecraig_wizard

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  1. Dear Sade, Often, sadly when you actually need, isn't always available and you only gets what's offered. Round peg, square hole. Your local mental health team, should be able to advise of independent advocacy services, and your local authority should have a contract for one in MH also (there is in Scotland). If, you do not believe this accommodation is not suitable, unfortunately you will have to evidence why. It isn't right or even fair, just how it is. If, your mum was your carer, did she get CA for you ? She could approach any local carer's centre who again should be able to point you in the right direction. Good luck.
  2. I'm sorry that you've paid for the privilege to have such a wonderful service. My personal experience of dealing with Unison is that they will delay and lie until the cow's come home. I found a law centre in Govan very helpful on advice, even though they were 50 miles from me, check and see if there's anything similar near to you. Don't forget that they will try and wear you down. Only you can decide how and why you fight this, whatever your decision maybe, you will hopefully find help and support here.
  3. Well done, you should have gone for expenses though, it'd paid for a meal out which would be extra sweet.
  4. Having waded through similarish circumstances, good luck with your case, practice your speech and arguments in front of some critical friends, remember you know the facts as you lived it, to them it is just another file.
  5. Sorry, point is a contract specifies two fundemental things, what the supplier provides (t-Mobile) and what the customer (you) gets. In this case for 24 months at £12 per month you get so many minutes of calls, a number of texts and download, after that amount it specifies how much extra you are charged if you exceed your package.You can't really go, well we know it SAYS £12 per month but my computer says no. After all why is it a 24 month contract because computer says yes ! More a heads we win tails you lose kind of thing. If your bit of paper says £12 that is what they agreed too as did you. Who really care what their computer says, my computer says you owe me a squillion mazoolas doesn't make it right though.
  6. Silly point, if it doesn't matter, what about the 24 month bit or is it a selective contract ? On a more serious point, you could argue that they have broken you contract from day one, if this wasn't the agreement you signed. Perhaps they will care to rfund you all your monie, with interest obviously!
  7. Silly point, if it doesn't matter, what about the 24 month bit or is it a selective contract ? On a more serious point, you could argue that they have broken you contract from day one, if this wasn't the agreement you signed. Perhaps they will care to rfund you all your monie, with interest obviously!
  8. More the tick box culture that exists in ATit world, Judge jury and in more than one sad case executioner too.
  9. Not exactly, the point made by the LJ whilst on the matter of pay dealt with a wider issue which was this; the detriment suffered by a refusal to make a reasonable adjustment. the BUT FOR arguement. But for the disability would this be happening, and that was why it became a starred ruling. However, it still doesn't deal resolve the issue here of unlawful discrimination, or of deducting annual leave, which COULD break the European Worktime Directive on 28 days paid leave. I think that the best option for the OP is to contact the ECHR advice line.There were a lot of things discussed at my wife's tribunal, which showed that the action taken was 1) unlawful disability discrimination2) Was the culmination of a series of events that she endured at the hands of her employer.Sadly, all to often things are not done out of malice but of ignorance and stupidity, which don't hurt any less, but can be resolved far more easily.
  10. True but not accurate !Firstly, in Meikle it relates to the refusal to make a reasonable adjustment, She was a school teacher, and the detriment she suffered as a result of the refusal to make an adjustment under the DDA was her loss of pay. It is a starred ruling.In respect of my wife, The complaint to the ET was that they refused to make a reasonable adjustment under the DDA, She was the first employee to request such a thing, and sadly they made it up as they went along !The tribunal decided on the evidence heard that " what my wife suffered closely amounted to was systematic bullying harresment and discrimination violating her human rights and dignity. " Don't believe everything you read in the papers !However, to get back to the point in hand, it is unlawful discrimination to deduct time off for hospital appointements if it is only being done to disabled employees.
  11. Actually, you will find that there is a legal enttilement to paid time off for hospital appointments. A good starting point you will find is; Meikle v Nottinghamshire county council. LJ Burton the then President of ET said it is the but for test, BUT for the disability would you be going to hospital, if the answer is no you are being treated differently for a reason which does not or would not apply. That is unlawful discrimination.You can ask your employer to make a reasonable adjustment under the EA and should they fail or refuse to do so then that is a seperate ground, they must evidence any decison making process which must be more than minor or trivial.May I suggest you contact the Equalities and Human Rights Commission, they can be of some help.Finally, unless it is specifically mentioned in your terms and conditions of service time may not be deducted from annual leave as the European worktime directive specifies all employees are entitled to 28 days paid leave, further this is still the case whilst on nil pay, there are however two criteria that have to be met; 1) you must request the leave from your employer2) It is not cumulative (or you can't add it all up say 4.5 years x 28 days then take it as a lump sum).How do I know all this, because my wife took her employer; Lothian & Borders Police to an employment tribunal as they had decided to deduct from her annual leave time taken for hospital appointments and refused to make a reasonable adjustment, specifically to allow her reasonable time off to attend her hospital appointments, as per the guidance of the DDA handbook. With all their resources circa £260M per year and a large personnel department; all of City of Edinburgh Council Legal services and two very expensive advocates she won unanimously. So one ordinary bloke beat all of that.
  12. Been there got a 3 piece suit, I was told by a full time Unison official that ET Glasgow didn't know what they were talking about as 3 month limit didn't count ! They will lie, cheat and ignore.When I won against L&B Police for my wife and proved that she had be discriminated against the statement I got was," Unison are defensive on this matter." They claimed that they were advised allegedly by Thomson a well known legal company who again had no knowledge of us that there was no case, and when we lost we would have to pay damages and costs to the employer, and that they couldnt represent us because, wait for it, they hadn't filled in the ET1, if I hadn't done it we'd still be waiting.You should submit an application to the ET with evidence of your Unions actions, it is for the Chairman to decide if it is in the interests of justice to allow it to proceed, expect your employer to object. Stick to the fact, I was told they had submitted application within time. I would also SAR your union expect every obstruction going, they seem to be very inefficent as they loose a lot of stuff !!!As I have a reputation for subtlety, I said to Unison then if someone came and complained that my boss told me to, "come here you [edit]" you would quite correctly be demanding they be immediate suspension, if it is disability discrimination you aren't interested.
  13. It is in everyones best interests, yes even ATit, to have a clear and ACCURATE account of any assessment. It seems one way is to ensure a recording which, if that improves the quality is a good thing. Less stress for us, a better and more accurate assessment, less money spent by the dwp on appeals; everyone wins, always a good thing ! Poor and bad assessments are unacceptable for us all.
  14. OKay, I'm going to bite:mad2: Thank goodness you really are as rare as ! I can record as an aide memoir, a record of what happended or just because I like the sound of my own voice !!! It is at all times my decision what I wish to do, the Data Protection Act is clear on this matter, it is MY personal information, it does not belong to the DWP or ATit. Perhaps I should charge them copyright fees ? Further, it is for a subsequent tribunal to decide the relevance or otherwise of any additional information certainly not DWP or ATit. How do you know that contemperanious notes are correct, do they carry a personal photocopier and hand you a duplicate as they leave ?
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