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    • This is the other sign  parking sign 1a.pdf
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Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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Unpaid Holiday pay, ADVICE on letter needed PLEASE...


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Hello, thankyou for reading my request..

 

Basically, i have been working for my employer for over a year and never been paid any holiday.. i assumed this was the norm as i never signed a contract.

 

I handed in my notice the other day and whilst trying to negotiate me staying my boss let slip that i should of had holiday pay, she acted really supprised and angry that i have never had it.

I have since found out that i was entitled to holiday pay all along reguardless of a contract!!!

 

Now i have asked my employer for it she denies i have any, i assume this is because i am still leaving...

 

My next step is to write to my soon to be X-employer asking for my entitled holiday pay,, but i dont know how to put it to words?

 

Does anybody have any idea how i should word this letter?

I would like to request all 4.8 days owed (24 days!)

Please can anyone help...

Regards sam

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Do you know when the company's holiday year runs from, for example May 1st to April 30th, or January 1st to December 31st? This would possibly change the entitlement as they could argue that the fact that you didn't take holiday in the last holiday year was your fault and you may find that you haven't yet accrued the full 4.8 weeks in the current holiday year.

 

A bit worrying that you don't have any form of contract as every employee is legally entitled to a basic statement of terms outlining hours, pay, holiday etc within 2 months of starting work.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi Sidewinder

Thanks for the reply. I dont know when there holiday year should officially run from. I have worked with them from june last year doing 40 hours a week. Never been paid any holiday in that time. When I handed my notice in they didnt want me to leave I said one of the reasons for leaving was because they didnt do holiday pay. My boss then said yeah you do. I said how come I have never had any. The job I have been doing is taxi driver, I get a wage slip every week with 40 hours on it. They lead me to believe while I wasnt working earning them money ,they had no money to pay me holiday pay. I have been taken for a fool and wish I had checked out my entitlements sooner.

I have been to the cab today and even without a acontract they still have to pay me something but I have to put a request in writing. I dont want to word it wrong.

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I'm not sure what you mean by this bit Sam:

 

I would like to request all 4.8 days owed (24 days!)

 

Are you saying you have had all but 4.8 days of holiday pay or haven't you had any.

 

You should have been given a 'Particulars of Employment' when you started work with this company, those particulars should have contained at least:

 

Names of employer and employee;

Date when the employment began;

Pay;

Whether pay is weekly, monthly etc;

Any terms re hours of work, holidays and holiday pay (including overtime)

Job title or description of job;

Place(s) of work;

A person to whom the employee can apply for seeking redress of any grievances relating to his employment can be addressed.

 

The Working Time Regulations 1998 give almost every worker the right to four weeks paid holiday per year, or proportionally for part of a year. A full time worker who works 5 days a week will thus be entitled to a minimum of 20 paid days holiday per year.

 

New rules being phased in from 1st October 2007 increase the minimum number of days of annual paid holiday for most full time workers to 28 by April 2009, pro rata for part time workers.

 

The bit your interested in

 

The regulations give a worker the right to his normal weekly pay in respect of holiday entitlement.

 

If you did not get a particulars of employment then that is unlawful.

 

You should write using recorded delivery requesting 24 days pay as per the 'Working time Regulations'.

 

I am assuming you have had 'no' holiday pay.

 

Dear

 

I request 24 days holiday pay that I am entitled to in accordance with the Working Time Regulations 1998(amended).

 

You have 14 days in which to fulfill my request. If at the end of 14 days you have not responded to me positively then I will take further action which could include redress in the small claims court which will incure further payment from you.

 

Yours

 

If you start the letter Dear Sir, then end it Yours faithfully, if you start it with the name of the person you are sending it to then end it Yours sincerly.

 

They seem to have breached a lot of the rules in not informing you of your holiday entitlement, but if you are happy with 24 days pay, then just send what I have said or similar to them.

Edited by Conniff
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Hi Connif

Thank you for your reply very helpful:). I have never had any holiday pay in the time I have worked for them. I have taken holiday but never got paid whilst I was off.

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Hello sam, it's just a simple letter, but will show them that you have done some research or taken advise and they must adhere to the laws of employment.

 

Keep us informed of what they say in response.

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