Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
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    Default Re: Is this garden leave??

    Oddly enough my employer has now "allowed" a phased return prior to the completion of the neuropsycholoical assessment.


  2. #22

    Default Re: Is this garden leave??

    excellent!

    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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  3. #23
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    Default Re: Is this garden leave??

    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.


  4. #24
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    Default Re: Is this garden leave??

    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.

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  5. #25
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    Default Representing myself at EAT - advice please

    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.


  6. #26

    Default Re: Representing myself at EAT - advice please

    If you are sure of your ground and it was an unlawful deduction then it may be quicker to use the small claimsicon track of the county courticon. Cost you around 50 but you get that back. If you want to argue over the law then an ET is the way to go and is free but you could be waiting a long while to get anywhere.


  7. #27

    Default Re: Representing myself at EAT - advice please

    Hi.


    Just to clarify, is this an appeal tribunal or a first stage tribunal please? EB could be right about small claimsicon though, we often recommend that.


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  8. #28

    Default Re: Representing myself at EAT - advice please

    what happened between this thread and you being unemployed?

    https://www.consumeractiongroup.co.u...en-leave/page2

    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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  9. #29
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    Default Re: Representing myself at EAT - advice please

    Given the previous thread, this is very likely relating to the same issue.
    That would not be appropriate to a county courticon as it would require the application of employment laws.

    The OPs belief that they acted outside their own policy or that they have broken the law is an opinion.

    Clearly the employer has a different opinion.

    So it is not a simple issue of unlawful deductions.
    I wouldn't recommend a county court route if this is the case.


  10. #30

    Default Re: Representing myself at EAT - advice please

    Just reread that thread.
    if you are thinking the same as me Sangie then I see tears before bedtime unless the OP can give us more on what has happened since.

    With a phased return it would be unusual to be given full pay unless the company sickness scheme has an extended period where you get full pay anyways such as 6 months on full pay and then 6 months on half pay.

    the phased return would then just slot into whichever part is applicable and the time worked for your rehabilitation reassessed on a regular basis, maybe even fortnightly.

    If you are relying on someones word or goodwill then that is a damned sight harder to argue that it is a condition of your employment at the time even if you have been roayally shafted after accepting it in good faith


  11. #31
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    Default Re: Representing myself at EAT - advice please

    Yes this does relate to a previous thread.

    I was deemed fit to return to work by my employers OH doctor and by my GP though my employer said no to a return. My 6 months of full pay ended 2 weeks after the GP and OH doctor agreed I should return on a phased basis.

    For 6 weeks I was put onto half pay while a return to work plan was arranged. Bear in mind I am an office based worker this would have taken around a couple of hours to organise and was certainly not rocket science!

    The company sickness policy states if the employee considers themselves fit for work but the employer does not then this is medical suspension.

    To me it is absolutely clear I was medically suspended and should have received full pay for that period, hence why I am wishing to challenge it on the basis of the company policy not being adhered to. Thus this is a legal challenge.


  12. #32

    Default Re: Representing myself at EAT - advice please

    Policy Is not law


  13. #33
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    Sorry, but this will end in tears.
    You were not fit for work.
    You were fit for work only with adjustments.

    If you were fit for work that means returning to your normal job, without any adjustments, including working your full normal hours.
    If you did anything other than that, it was not a medical suspension and the employer was within their rights to refuse.

    You have just lodged a claim against your employer based on an incorrect reading of the law.
    I have just told someone else, demanding things that you think are the law when they are not is the quickest route to less support and flexibility from the employer.


  14. #34
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    Default Re: Representing myself at EAT - advice please

    When I discussed the situation with Acas they advised it should go though their early conciliation pathway.


  15. #35
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    Default Re: Representing myself at EAT - advice please

    When you spoke to ACAS, you spoke to a contact centre filled with staff whose knowledge of employment law possibly rivals that of the average employee...


  16. #36
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    Default Re: Representing myself at EAT - advice please

    Quote Originally Posted by Sangie595 View Post
    You have just lodged a claim against your employer based on an incorrect reading of the law. As I have just told someone else, demanding things that you think are the law when they are not is the quickest route to less support and flexibility from the employer.
    I believe he has an arguable point

    However, my post isn't about the merit of his case

    I just want to point out that lodging a Claim under the Equality Act 2010 is a Protected Act (section 27 of EqA 2010)

    He shouldn't be victimized due to that

    It is irrelevant if his Claim is found to be misconceived (see Woodhouse v West North West Homes Leeds Ltd EAT/0007/12)

    If his employers offer him less support or are inflexible they will be breaking the Law.


  17. #37
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    This isn't a claim under the Equality Act, and there is no evidence that it ever will be.
    Nobody mentioned victimisation.

    It's really Fab that you can Google, but could you try applying what you read to the actual situations that posters are describing.
    That way they won't go off on flightsicon of fantasy.

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  18. #38

    Default Re: Is this garden leave??

    threads merged for full history

    dx

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  19. #39
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    Well you should know that asserting any statutory right is protected

    Common law offers such protection but most importantly, the Employment Rights Act offers such protection

    You don't need case law to know that

    I could give you some case laws though

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  20. #40
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    Default Re: Is this garden leave??

    He hasn't lodged any claim under the Equality Act.
    There have been no claims of victimisation.

    This is a straightforward claim of unlawful deductions, and the basis of the claim is misconceived because the OP did not know how fit notes operate.

    You are providing advice based on some other premise entirely.
    You cannot make up cases for people to try to fit case law that you think you have read.
    People following such advice will end up in a great deal worse a situation than they are already in.

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