Jump to content


  • Tweets

  • Posts

    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
  • 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
      • 160 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

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


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1999 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

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?

Link to post
Share on other sites

  • Replies 76
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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
quote

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

"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!

Link to post
Share on other sites

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?

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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,

Link to post
Share on other sites

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!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

  • Haha 1

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

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
spacing
Link to post
Share on other sites

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!

Link to post
Share on other sites

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
spacing
Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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
spacing
Link to post
Share on other sites

  • 1 month later...

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...