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. #61
    Royalties Account Holder ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative



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    Default Re: Is this garden leave??

    so when did you raise this with them as an issue for consideration, the day after the new laws came in?

    they will be aware of the laws but not aware that you may have diabetes because it is none of their business unless you request some consideration for a disability as a result of this condition.

    You cant bring up things after you have left and then say that they werent considered so it is now unfair and you want some recompense.

    Can you show an example of where your diabetes was a factor in some disciplinary matter? If not you would be wise to move on to the next point

    As someone who retired early because of health grounds I can say that it is an absolute devil to get anywhere by expecting anyone to give a stuff about your condition.

    I too have MS but one OH doctors report said that I shouldnt get an enhanced pension because they may find a cure for it before my normal retirement date and as for a missing leg, the prosthetics are so good these days they are better than real ones. well if that is true why wasnt Oscar Pistorius a word famous roofer rather than runner?

    I have taken organisations to court for disability discrimination and won one and lost one.

    You will find that because of the nature of your claim that it may well take 3 years to get to then end of the matter.

    Do you want to spend the time doing that rather than something else.
    As said, choose your battle carefully. A small victory over procedural matters is better than a big disappointment.


    Quote Originally Posted by andyasw View Post
    In reply to ericsbrother and the point he made - wouldn't any employer, irrelevant of the length of time in charge of an employee, be required to be cognisant of any legislative changes and be required to implement such according to such members of the affected workforce?

    Dondada has inspired me to continue my claim - thank you.

    Going back to my recent post - where can I learn about representing myself should this end up at an EAT?


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  2. #62
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    Default Re: Is this garden leave??

    Quote Originally Posted by andyasw View Post
    In reply to ericsbrother and the point he made - wouldn't any employer, irrelevant of the length of time in charge of an employee, be required to be cognisant of any legislative changes and be required to implement such according to such members of the affected workforce?

    Dondada has inspired me to continue my claim - thank you.

    Going back to my recent post - where can I learn about representing myself should this end up at an EAT?
    Hi Andyasw,

    Yes the Equality Act wasn't in place at the time you were employed However, the Disability Discrimination Act 1995 was in place when you were employed
    Yes, there was a duty to make adjustment.However, there is a legal principle called Laches, you waited too long

    You have a strong case in the Deduction/Pay Protection Claim.Pay Protection is an exception.Your employer ignored the Doctor's advice, that means you qualified for the exception

    You need to first ask your employer for their reasons.The Tribunal would not be too happy if you didn't seek to resolve the issue.

    Finally, you need to do a lot of research! G4S is a relevant case in your situation.But you need to also read cases where the Claimant lost.You need both cases to be able to distinguish your case

    The other side would try and prove to the Judge that your case is similar to the one that lost.You need to know that case in order to show to the Judge the difference (the legal term is called "Distinguish") .Feel free to ask any question

    Wish you all the best

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  3. #63
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    Default Re: Is this garden leave??

    Thank you Dondada but where can I find such cases to read up on? Is there any particular website you would recommend?


  4. #64
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    Default Re: Is this garden leave??

    Quote Originally Posted by andyasw View Post
    Thank you Dondada but where can I find such cases to read up on? Is there any particular website you would recommend?
    The website I like using is https://www.employmentcasesupdate.co...aspx?i=ed31608

    https://www.employmentcasesupdate.co...y%20protection

    But you might like other websites.Just read as many case laws so you can distinguish your case

    Wish you all the best .keep us updated


  5. #65
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    Default Re: Is this garden leave??

    My case against my employer is now in the early conciliation process with ACAS.


  6. #66
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    Default Re: Is this garden leave??

    Quote Originally Posted by andyasw View Post
    My case against my employer is now in the early conciliation process with ACAS.

    Hopefully they will decide it's not worth the risk of expense of defending an ET and make an offer Fingers crossed!

    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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  7. #67
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    Default Re: Is this garden leave??

    Sadly not - ACAS have been in touch with my employer who is arguing that a return to work plan required planning as their opinion was that I could not return to full time working and that I agreed to a phased return and this is also what my GP had put on the fit note.

    Seems like I haven't a case after all despite their sickness policy stating that if an employee believes they're fit to work but management do not then this is classed as medical suspension.


  8. #68
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    Default Re: Is this garden leave??

    Since my last post I am now in receipt of an ACAS certificate and am therefore able to apply to an ET for a hearing.
    I have consulted with employment lawyers who say I have a case for unauthorised deductions as a person covered under the Equality Act and that I should also claim for injury to feelingsfor the stress, anxiety and upset my employer has caused me during a period when I required support not punishment.


  9. #69
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    Default Re: Is this garden leave??

    A no win no fee lawyer?

    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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  10. #70
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    Default Re: Is this garden leave??

    Yes


  11. #71
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    Default Re: Is this garden leave??

    Then I would take their steer and let them get on with it


  12. #72
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    Default Re: Is this garden leave??

    Thanks Emmzzi they are on the case.


  13. #73
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    Default Re: Is this garden leave??

    Quote Originally Posted by andyasw View Post
    Since my last post I am now in receipt of an ACAS certificate and am therefore able to apply to an ET for a hearing.
    I have consulted with employment lawyers who say I have a case for unauthorised deductions as a person covered under the Equality Act and that I should also claim for injury to feelingsfor the stress, anxiety and upset my employer has caused me during a period when I required support not punishment.


    Well done to you

    You listened to your gut and ignored the nay-sayers in your mind

    Let the lawyers handle it from here

    They are professionals and that would take the stress off you

    I'm really pleased for you


  14. #74
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    Default Re: Is this garden leave??

    Many thanks dondada. I have appreciated your helpful comments and advice throughout.


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