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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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Time off for dental/doctors appointment. What is the law?


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Can anyone tell me what the Law says about having time off for Dental or Doctors appointments? Does the employer have to allow you time for this?

 

Also what about taking a son or daughter for a dentists appointment? Does the employer legally have to allow this without asking for the time to be made up?

 

Thanks in advance.:-)

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It is my understanding that there is no statutory right to have time off to visit the Dr. or Dentist

 

With regards to dependants again there is no statutory right for time off with the exception in a failure of normal care arrangements, you are allowed, to take unpaid leave, in order to deal with emergency situations regarding dependants.

 

I would say that a routine visit to the Dr or Dentist would not fall under this heading but this is open to interpretation may be dependant upon the reason of the visit.

 

I would be interested in sidewinder or Che's thoughts on this.

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Hi Freaky

 

The doc is basically right in order to implement an EU directive the UK Parliament inserted a new s.57A into the ERA 1996 which is often referred to as Time off for Dependents.

 

The right however, as the doc rightly states, is limited to 'emergency situations' such as accidents, unexpected disruptions in care etc. It would not extend to pre-booked GP / Dentist appointments as by their definition you had advance notice of these.

 

The right could be used by you saying that I had arranged for a childminder to take my child to the GP and 1 hour before or on the day they phoned me and told me that they could not come - this unexpected disruption would probably bring you within the Act, but I don't think this is really what you were asking.

 

Parental leave can exist in certain circumstances but this must be taken in minimum blocks of one week - so doesn't really cover your question.

 

Finally check any handbook / policies / contract - large companies sometimes have an actual policy re gp appointments etc

 

Hope this helps

 

Che

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...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Thanks chaps. All as much as I thought really.

It's not me but Mrs Freaky who is having a hard time from one of the HR bods in her place.

I was hoping she could throw something legally binding at her.

 

It's a bit of a poor show if she has to feign an emergency for the sake of a 10 minute check up.

 

Thanks for all the information.:)

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Not sure about the accuracy of everything in that link DMD, helpful of course though it is.

 

For example it states the right is to paid time off.

 

Check out some of these links:

 

http://www.businesslink.gov.uk/bdotg...0898061&r.s=tl

 

ACAS : Acas - Working parents

 

AMICUS: Your right to dependant's leave

 

They all suggest that the right is unpaid. Perhaps there is another right that they were referring to in the law and parents link?

 

I'm happy to stand corrected, but I am not aware of any statutory right to dependent leave that would be paid.

 

Kind regards

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Think it's discretionary at the moment.

 

I worked in the public sector for a while and we were encouraged to make our appointments at the beginning or end of the working day. We did have our time made up to equate to the full day though....although this didn't equate to much in practice as I was working far in excess of the standard day anyway.

 

The ironic part was one day when I woke up with an eye infection. I got an emergency Optician's appointment to check it out thoroughly as I wear contact lenses. I then went to my GP's and picked up a prescription for antibiotic drops before going to work. Think it took less than 45 mins in total.

 

However, my request for my time to be made up for the Opticians appointment was refused as it was against the Employer's Policy!

 

So, I should have stayed at home for a further 30 minutes waiting for my GP's surgery to open...then made an emergency appointment for after morning surgery...and then I would have been lucky to have got into work by lunch time. BUT I would have had the morning credited!! And they wonder why the country's in such a mess!!!

 

Back to post...has Mrs Freaky offered to make the time up??

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Just found this at CAB...

 

 

Time off to visit the doctor or dentist

Your employer may allow you time off work to visit the doctor or dentist but they are not legally required to do so unless your contract of employment says they are. Your employer can, for example, insist that you make these visits outside work hours, that you take holiday leave or that you make the time up later on. You should check your contract of employment to see what rights you have to take time off for doctors or dental appointments.

Pregnant women, however, are allowed reasonable paid time off work for ante-natal care. This time does not need to be made up later on.

If you are disabled and your employer will not let you take time off for a medical appointment connected with your disability, they could be breaking the law.

 

http://www.adviceguide.org.uk/index/e_time_off_work.pdf

Edited by WelshMam2009
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If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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I have to admit I do become a little frustrated with people who seem to expect to be paid by their employer whether or not they actually do any work.

 

There is already a huge cost to employers in meeting the statutory requirements, and when myself and the other "bosses" at my company get paid late, short and sometimes even not at all in order that we can meet our contractual obligations to our employees, it really does get frustrating when said employees then expect to be able to take time off work for various reasons (in of itself not too much of a problem) but then expect to be paid for not working.

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I have to admit I do become a little frustrated with people who seem to expect to be paid by their employer whether or not they actually do any work.

 

There is already a huge cost to employers in meeting the statutory requirements, and when myself and the other "bosses" at my company get paid late, short and sometimes even not at all in order that we can meet our contractual obligations to our employees, it really does get frustrating when said employees then expect to be able to take time off work for various reasons (in of itself not too much of a problem) but then expect to be paid for not working.

 

Don't disagree as there are always some who will abuse the system....and still do.

 

However, a little flexibility goes a long way with the work force, especially if parents of young children. In my case, my GP's surgery doesn't start until 9.30am and is closed on Saturdays. For a pm appointment you have to have your phone contantly on re-dial at 9am (which isn't always practical) and the appointments are all gone by 10 past!!

 

It all depends on your companies policies and procedures but I don't think it's unreasonable for staff to make the time up.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Give and take is the key - flexibility is fine as long as its a two way street. Sadly there are some employees who see give and take as employer gives and employees take. (having been an employee I have worked for companies that are the exact opposite)

 

Certainly we do take pains to accommodate reasonable requests from our guys - and in the main they do return the compliment.

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