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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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      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.

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Is this garden leave??***Resolved***


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My GP has said I'm fit to return to work and has signed a sick note to this effect, but my employer's OH doctor recommends my employer commissions a report from a neuro psychologist prior to any return.

 

As I'm fit to return I do not believe I should have to take any delay as annual leave and it can't be classed as sick leave, as I'm considered fit to work. What is the solution? Would this be "garden" leave?

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Have they said it will be annual leave ?

 

Normally in this situation, a company will just pay you as normal similar to garden leave and you return to work when the employers OH are satisfied that you are safe to return to work. The reason it would not be annual leave, is that from a health and wellbeing point of view it would not be sensible or good practice to see your holiday time eaten up. You will need leave time during the year, so you have opportunity to recharge your batteries during the working year.

 

Suggest you contact your employers line manager to discuss and obtain written confirmation of the exact position.

Edited by dx100uk
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"garden leave" is when you are not working yoru notice but need to be available

 

this is "medical suspension" and most organisations would resume wages

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

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Check in your Employment Contract for anything on Sicknesss/illness/Capability also check the Company Employees Handbook if they have one.

 

Are they using their Capability Policy???

 

1. When did you start employment with this Company?

 

2. How long have you been Employed with this Company to date?

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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are you currently being paid sick leave? if so i wouldnt expect that to change. If not then it can be read as you are currently suspended pending the outcome of a medical and they should pay you as they would be obliged to do so for any other reason.

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As it's the Easter weekend it's too soon for HR to have communicated with me so unable to respond with any detail. I hope to be hearing something this next week so shall post HRs response.

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the it will continue until they have done their deliberations. If they then refuse to let you return to work they should start proceeding to dismiss you on capability grounds or arrange a return t work in some graded return scheme agreed by OH and yourself. ita may be light duties or shorter hours but they cant do nothing and refuse to pay you,

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Received a letter stating I would be on half pay from now on. @phoned HR but the person I need to speak to is on leave.

 

 

Dear company,

 

as you are aware my doctor has signed me on as fit to work

 

I have been waiting for X weeks at your request for an additional medical check. I am fit and fully able to resume duties, yet about to be put on half pay.

 

This feels discriminatory. Please confirm I am in fact on medical suspension at your request and will continue to receive full pay, or confirm I can recommence duties immediately.

 

Yours,

 

you.

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

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More news on this.

 

Today I received an email from HR. They say I am now on half pay because the Occupational Health doctor's recommendation that I have a psychological assessment, takes precedence over my GP who maintains I am medically fit to return to work on a phased return.

 

In addition it has been 17 days since my employer received the OH report and the recommendation but today they are finally making the actual referral.

 

I now feel compelled to seek legal advice.

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If they think you have a mental health concern going in heavy handed may simply confirm their prejudice. I would send the letter first....

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

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An update.

 

I'm on half pay while awaiting the psychological assessment suggested by the OH doctor.

 

My employer says it would be too risky for me to return to the workplace without back to work suggestions from the psychologist (I've only had a stroke six months ago!).

 

Despite my argument that this is medical suspension and my GP saying I'm fit to return, my employer has overruled my GP.

My union say I have no option than to go along with what's happening and see my GP to ask him to say I'm sick with work related stress..

Edited by dx100uk
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what good will seeing your GP do?

 

push hard, very day, for that OH appointment. Not having it is costing you.

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

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If I might make an observation that had not been contributed hitherto, but which will cast some light on the subject,

 

whilst in no way suggesting that the employer is "morally correct", it should be pointed out that they are legally correct and the OP is laboring under a misapprehension that they have been signed as fit for work by their doctor.

According to what the OP says here, that is not what the GP has said.

 

"Fit for work" means returning 100% to your full job with all duties and hours. That is not what the GP said.

The for note must therefore say "may be fit for work on a phased return" or words to that effect.

 

That is ADVICE to the employer, so they are not refusing to accept the GP diagnosis or overruling it.

They are simply choosing not to comply with the advice.

 

In order for this to be a medical suspension, the employer must refuse permission to return to the FULL job in all its glory.

If the GP is willing to provide a fit note that says they are fully fit with no exceptions, then if the employer ignores that it becomes a medical suspension.

The unions hands are tied at the moment. The employer is legally correct.

Edited by sangie5952
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Thanks Sangie595 - my fit note says I'm to return on a phased basis though, as you say, my employer has overruled the GP's opinion and has a right to do so. However, the OH doctor who suggested a neuropsychological assessment following my stroke could be carried out concurrently with a return to the workplace. The employer has chosen not to do this.

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And that's the problem - they have a right to do so.

The OH doctor also only gives advice.

 

I don't know if it's an agenda, or just being super cautious.

I don't have the information to make an informed guess about that.

 

What I can say is that the employer is acting within the law.

Nothing there to see ... Yet.

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Further update

 

For some strange reason my employer is now allowing me back on a phased basis prior to the neuropsychological assessment. I'm unsure what to think about this! At least my return will put me back on full pay.

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Not to be the bearer of bad news,

but are you sure it does that?

 

Many employers did not pay full pay on a phased return

- they pay the rate that is earned,

so if you work half the week,

you get half the pay.

 

Many people don't notice that is the case because they have company sick pay,

and that makes up the balance.

 

In effect they are being paid part salary and pay sick pay.

 

If you have sick pay,

it amounts to the same pay so nobody notices or cares.

 

But since your company sick pay had run out,

it might not be full pay unless your terms specify that.

You need to check

- don't assume.

Edited by sangie5952
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I intend to represent myself at a tribunal if the initial intervention of ACAS fails. I'm seeking £1600 of deductions from my salary that my employer took and is a failure of adhering to their own policy.

 

I don't feel it's worth employing a legal representative and want to do it myself but would appreciate any tips.

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