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    • I've just started to read Carey v HSBC on Casemine, 
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Need help writing an appeal letter urgently.


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Hello all.

This is my first time and please be kind and help me write this letter.

 

I recently was dismissed form a job I love because I went abroad to look after my dieing mum. I am so emotional about it all I am having difficulty in conveying how I feel in a manner that doesn't aggravate my stands with the company. And I am none wiser as to how to write the letter. If I write the just of the case could someone kindly compose it for me. Many thanks in advance.

 

1. I am not after my job any more but I don't want to have the gross misconduct record.

2. I had informed my manager why I was leaving and where I was going too. to which I was asked to keep them updated.

3. I did try to keep them updated via my sister and colleague yet I was told that wasn't good enough and in hindsight I could have written a letter but didn't have the means to email. Please bear in mind that my mum was diagnosed with Cancer and because she wasn't able to get the treatment where she was I have had to move her to another country where I didn't have anyone nor do I speak the local language)

4. In any case I am not asking for my job back all I am saying is because the company is very large should I want to work for the same company ever again this will be on my record moreover I was one of the highly thought worker for the 18months I was there and that they are happy to give me a good reference because of it.

5. Had I known the gravity of the issue at hand I would have gone in with my resignation letter than to be dismissed.

I was hoping the Manager will look at my case on compassionate ground and allow me to resign rather than ...

 

Please feel free to ask any thing you need to know to an able you to write the letter and I am willing to reply to the best of my knowledge.

I very much appreciate all your help.

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Hello again. I have a few questions please.

 

When were you dismissed and how long had you worked there? [Just found that, 18 months.]

 

Have you been given the reasons for their view that it's gross misconduct?

 

In 2., when you say you were leaving, do you mean going away or resigning?

 

How long were you away?

 

If you could contact your sister and colleague, could you have contacted your employer?

 

4. So although you've been dismissed, they will give you a reference for another employer?

 

That will help us give your problem some thought, if you can give us some answers.

 

HB

Illegitimi non carborundum

 

 

 

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honeybee,

 

I had a similar situation, I was ill, I went to the doctors about 5 times, A & E three times, I couldn't get admitted. I was getting silly calls from the

Manager and co. When your ill, you really don't want to confront people

that don't want to show any compassion or understanding. I even called the so called HR department telling them that I'm ill can they do something. After that I got the 'resign or face a disiplinary' call from the manager. In the end I resigned, but I sent the resignation to the MD.

Sometimes the employee handbook really, really doesn't matter. Common sense should takes over.

The last thing your thinking about is mindless people, especially when you've been truthful on the application form.

In my circumstances, If I was being judged by the 'Employee Handbook' then there were many problems with

the 'Employee Handbook', all three managers could of been sacked for Gross Misconduct. Sometimes it's better to just walk away, thats what I did.

Edited by rebel11
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Thanks guys, I kinda need to hand it today before 5pm and I am rather desperate. Honeybee13, because this was my first time using this forum I didn't know where or to whom I sent it but I shall look in to it. Many thanks for all your help.

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Were you invited to a disciplinary meeting before your dismissal?

If so, you were you able to go to the meeting?

Or, were you dismissed in your absence?

 

Did you receive a letter giving the reasons for your dismissal?

 

If so:

1. On what date does it state that you were dismissed?

2. What reason is given for your dismissal? e.g. Unauthorised absence.

 

If you can answer a few questions I will compose an appeal letter for you in the next hour or so.

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Hi mariefab,

 

Unfair dismissal is the right word. I was away for just over 6 months, I did inform my boss that I will be away to which they did agree but they needed to know as to when I am coming back yet because of the fluidity of the issue I wasn't able to tell them and assume as tho I have been told that end of b'ness today is the last they will accept my appeal. Oh! they said I should have kept them updated which I did try with my friend at work as well as my sister yet that wasn't good enough because it wasn't in writing as well as lack the detail they needed i.e. date that I was going back. Regardless, Had I known that they were going to dismiss me I would have resigned on compassionate ground "Unauthorised absence" will be right assumtion. Although I was asked if I needed someone with me at the meeting I was thinking they should have had another person with them too. i.e. some one from HR. it was my manager and I in the room :-(

I am not sure if you know but I really am not sure I should go back in to this job under this conditions so all I want them to do is not to dismiss me and allow me to resign. Thanks again

Edited by Sou1_2_Sou1
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OK

There's no real need to go into great detail of your mitigating circumstances in the appeal letter.

Nor is it necessary to let them know that you would be happy to resign in exchange for losing the gross misconduct dismissal at this stage.

You can save all that kind of negotiation for the meeting.

 

In case you didn't already know; you (and every other employee) are entitled to take time off for dependants.

 

Time off for dependants : Directgov - Employment

 

Here you go, hope this helps.

 

Appeal letter.

 

Dear (?),

 

I would like to appeal the decision to dismiss me on (??/??/??).

 

I appreciate that I considerably exceeded the normal entitlement to time off for dependants. I also accept that I failed to keep you properly informed and updated during my period of absence.

 

However, it is my hope that the Company could be persuaded to reconsider the decision on compassionate grounds.

 

Could you please give me at least (?) days notice of the appeal meeting date.

 

Yours etc.

 

Just fill in the (?) parts.

It might be an idea to print 2 copies, take both with you and get someone to sign and date one copy for you to keep as proof that they received your appeal.

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Mariefab,

I am ever so greatful for what you have done. I kind of need it to be an appeal with out my presence as I will have to go back out to be next to my mum as her days are near. So it needs to be a bit more detailed although I understand where you are coming from. The appeal is only with letter/avidence

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OK

 

Appeal letter.

 

Dear (?),

 

I would like to appeal the decision to dismiss me for gross misconduct on (??/??/??).

 

I appreciate that I considerably exceeded the normal entitlement to time off for dependants. I also accept that I failed to keep you properly informed and updated during my period of absence.

 

However, it is my hope that the Company could be persuaded to reconsider the decision on compassionate grounds. (Please see mitigation document enclosed.)

 

I don't expect to be reinstated but would very much like, if possible, to have the stigma of a gross misconduct dismissal removed. So, perhaps the Company would be prepared to accept a backdated resignation fom me as an alternative solution.

 

As I won't be able to attend the appeal meeting could you please inform me of your decision in writing.

 

Yours etc.

 

Print 2 copies, take both with you and get someone to sign and date one copy for you to keep as proof that they received your appeal.

 

As indicated above, do a separate letter describing the unfortunate circumstances with your Mum. Don't downplay the issues, make sure that you write about the understandable stress, turmoil, worry you were suffering from.

 

Can I just add my sympathies for what you are going through and wish you strength for the time ahead.

Marie

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Marie,

I am lost for words for the care you showed. I very much appreciate all that you have done for me, for all the kind words and support you all have given me.

Few peoples have offerd to write this letter if I can I will post them all so others can learn from it.

If there are others here i.e. honeybee13 ...etc please do upload your own version I am 100% sure we all can pick up a thing or two from it.

 

My gratitude as ever to you all.

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Hi Honeybee13 Mariefab did tell me that you asked her to help on my behalf to which I am very greatful and YES YES it did help alot. I have handed it now hope there is a good out come. what ever the case may be I shall keep you posted. Hanks for your help again.

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