Jump to content


  • Tweets

  • Posts

    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

significant role change?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2370 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

i have been told by my employer that due to a few internal changes i will lose all of the supervisory/managerial elements of my job.

 

My team will now report directly to a colleague, as will i.

My job title will change also.

 

I have not seen a new job description and will work at the same level as the staff i previously managed.

This appears to others as a demotion.

 

I do not intend to accept this change which is to be fairly immediate.

 

I have been in current role as a team leader for over 5 years.

 

What action should I take?

 

Thanks

Link to post
Share on other sites

1) If the role is around 80% the same (typical figure I have seen used, not enshrined in law anywhere) and no change in pay etc, they can do it

 

2) If pay is cut they are making your current role redundant, and redundancy principles apply; however if your skill match the new role it is considered "suitable alternative employment." Therefore they can still do it. There may be a cash element for the loss of future earnings, but nit a huge sum.

 

 

What outcome are you looking for?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Accept it or quit and take them to trbunal for constructive dismissal.

 

That claim would go nowhere.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.

Link to post
Share on other sites

I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.

 

Unless they are changing your salary (and quite significantly too) then you have no options. These days loss of status is worth nothing. And businesses are permitted to restructure. They own the job, they are allowed to make whatever changes in it that they consider necessary for their business. At five years service, unless you have some excellently enhanced redundancy scheme (assuming you could even convince them to make you redundant), the payment won't be worth anything. So I'm afraid the only real advice is to suck it up and keep on earning until you can find another job. Maybe not your first option, but unless you are able to secure new employment immediately, or have loads of savings that you're happy to spent supporting yourself whilst out of work, the only one.

Link to post
Share on other sites

I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.

 

Constructive dismissal is VERY difficult to prove!

 

I would strongly advise against it.

 

You could start a grievance, but your employer would know you wouldn't get anywhere with it and would call your bluff.

 

Whatever you do, just know that constructive dismissal is a tough test.

 

Do some research on constructive dismissal and see the test for yourself.

Link to post
Share on other sites

why is it obvious that you should want to chuck your job in when you are not having your pay and conditions changed? Loss of status? Well would you accept a pay cut and keep the job title?

 

Mnay years ago I was in the TA Initially I was just an ordinary meber of the PBI, no respionsibility whatsoever, just obey orders. Due to specialsist technical skills I was made an officer and all of a sudden I had paperwork, planning, real responsibilities etc. Now, if I was offered an officer's salary to become a private again I would jump at it I doubt if the work would have changed but anything that went wrong would have never have been my fault.

Now you are in the same position, the responsibility for screwing up has moved to someone else so you can get on with doing the humdrum whilst rewriting your CV and applying for other jobs. Your olleagues wont think any less of you unless you lorded it over them and if that was the case you had better volunteer to make the teas for a month as atonement.

 

I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.
Link to post
Share on other sites

It's not the job title. It's more to do with how it's been handled, the timing of it and to some extent who i will now report to. My new boss has caused much bad feeling in the team and for me in particular. But as new hoss is a favourite of a senior manager, is viewed as can do no wrong. I am more senior ( or was) but will now have to suck it up working to someone who in effect has my job and my team (and my office). I can't wait to discuss my goals, objectives and ambitions in these circumstances. I also have over 25 years service so having invested so much this does not feel pleasant. I want out.

Link to post
Share on other sites

It's not the job title. It's more to do with how it's been handled, the timing of it and to some extent who i will now report to. My new boss has caused much bad feeling in the team and for me in particular. But as new hoss is a favourite of a senior manager, is viewed as can do no wrong. I am more senior ( or was) but will now have to suck it up working to someone who in effect has my job and my team (and my office). I can't wait to discuss my goals, objectives and ambitions in these circumstances. I also have over 25 years service so having invested so much this does not feel pleasant. I want out.

 

Obviously, you are angry.

 

However, don't let your current emotion determine your future.

 

Action in anger does have serious implication.

 

So exercise caution.

 

Do some research about constructive dismissal

 

Then you will see the high threshold you need to cross.

 

I understand there might be breach of contract

 

especially a duty to maintain mutual trust and confidence.

 

Think of raising a grievance first.

 

But like I stated earlier, your employer might see your bluff.

 

I would advise you exercise caution.

Link to post
Share on other sites

I'm still unclear if there's a financial impact, or if this is essentially about hurt feelings.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

No salary change. Maybe i should be glad i will no longer have to manage others or team outputs. But, after many years of hard work this feels a backward step. Why should i be happy with that? Prospects now seem to be nil - years of management experience down the drain and a manager who I fear will not be fair or supportive and will more likely enjoy my discomfort. I will be frozen out. It's more than hurt feelings - i just cannot see how i can get past this and regain motivation and be able to perform well in what is fast becoming a toxic environment.

Link to post
Share on other sites

No salary change. Maybe i should be glad i will no longer have to manage others or team outputs. But, after many years of hard work this feels a backward step. Why should i be happy with that? Prospects now seem to be nil - years of management experience down the drain and a manager who I fear will not be fair or supportive and will more likely enjoy my discomfort. I will be frozen out. It's more than hurt feelings - i just cannot see how i can get past this and regain motivation and be able to perform well in what is fast becoming a toxic environment.

 

So, look for another job, keeping this one until you find an alternative, unless you

a) find it so distasteful to remain,

b) have the resources to support yourself during your search for a new job, (resigning or getting yourself dismissed affects your JSA entitlement), and

c) you don't believe it true that "its easier to get a job, if you are already in a job".

Link to post
Share on other sites

abackward step when you have been there 25 years? dont see it. If you were the kind of person to spend a year at a job just to boost your CV before moving on to the next place then yes but since there is no change in salary it is all about self-esteem and your place on the Maslow Hierarchy. If you really cant abide working there any longer the apply for more jobs but chuck it in in high dudgeon because they have changed your leader by slotting someone else in above you- cant really comprehend it. What would you have them do instead, move you to another group or whatever? Now if your skill set made that possible is there a vacancy in another department or area.

As for the hard work part, they do pay you for that and if the salary isnt enough them you should ahve been on your toes ages ago. What title you give your current role on your CV isnt tied to what your employers call it, facilities manager is always a good one as it measns everything and nothing

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...