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Everything posted by claire1976

  1. You will be entitled to maternity allowance as you will have been employed during the test period. The rate is the same as SMP (£124.88 a week) and you will not have to pay tax or national insurance. You will be able to claim for 39 weeks and it will not be affected by any redundancy payments or your husbands wages. You will also be able to claim child benefit and maybe some more tax credits (when government makes its mind up what the threshold will be). More info here: http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/maternity-allowance-ma/ I was made redundant when I had just returned from maternity leave and I was already 10 weeks pregnant again - my claim for maternity allowance has just come through and you can claim from 26 weeks pregnant.
  2. I am taking my former employer to a tribunal for unfair dismissal. They have appointed Peninsula to represent them. Does anyone know what sort of money this service will be costing them? I remember they paid a monthly subscription to them for business support/advice but wondered if legal representation for an ET would cost them extra?
  3. Thank you for all the help and advice everyone. I have an appointment with the DWP this week so I will discuss the need for a medical and what I can do to get through the process. I do have extreme bouts of fatigue caused by pregnancy, cancer and sleep problems due to my neck and shoulder pain. From what I have heard ATOS virtually fail everyone and since my problems are not neccessarily physical mobility I feel sure I will fail. Also thyroid cancer is very rare and most GP's have never come across it so therefore will be unaware of the effects it has on people. And I have not been the average thyroid cancer patient, most people respond to treatment immediately and only require 1 surgery. I have had 4 surgeries and radioactive treatment with more to come as it keeps coming back which is also extremely unusual.
  4. Hi everyone, I am currently 20 weeks pregnant and have re-occuring thyroid cancer. I was diagnosed after my first pregnancy over 8 years ago but the blinking thing keeps coming back. The treatment I require now is having to be delayed until my baby is born. I have been called for a medical assessment in 4 weeks time so I will be 24 weeks pregnant. In all seriousness what can I be expected to do workwise? My GP has ruled me unfit to work indefinitely, my current sicknote takes me until September when I will be able to claim Maternity allowance. I have read the points system for the assessment and its all about walking, cooking, sitting, standing etc. Well I will fail on all this because I can do them. The main problems I have is extreme tiredness as a result of both pregnancy and cancer, stress, poor sleeping pattern, neck and shoulder pain as a result of 4 surgeries to remove the cancer, recurrent throat pain and hoarseness and back problems. None of these things will be scored at the assessment so if I fail I will lose my ESA and have to claim jobseekers - am I right? I am really worried about all this. Can anyone give me any advice? Thanks
  5. Just to add - you are entitled to be accompanied by another member of staff or a union rep - its worth noting that you don't have to be a member of a union (or the company) and the rep does not even need to be acting on behalf of the union on that day. If you know anyone at all that is a union rep then they can accompany you and take notes, confer etc but not answer questions for you. I recently took my dad to a hearing who is a union rep but I wasn't a member of a union. I would also suggest you seek advice from ACAS on your situation, they have been very helpful to me.
  6. Exactly, for a redundancy to be genuine the work has to stop, for the director to not only admit my job is being done by someone else but state that this very same person was involved in the redundancy 'process' is unbelievable. They have left themselves wide open to an ET for unfair dismissal. His outburst just goes to show how out of depth he was with the whole appeal process and that further strengthens my case I hope. I have no idea what to expect in terms of compensation from an ET or a compromise agreement, some people have told me that I would only get £1000 which seems like a lot of hassle for nothing!
  7. I had my redundancy appeal yesterday and it went really badly but in a way I am hoping it will work in my favour. I stated that I thought that I had been unfairly dismissed as my job was still there. The director admitted that he and '****' were involved in the redundancy process but that '****' was now doing my job so it had gone! He admitted that there was no evidence that an assessment had taken place! My union rep summed my case up by stating that I thought the process was flawed and hadn't been followed correctly and the director flew into a rage and told him to 'keep his mouth shut' and that I was a 'professional p**s taker' and then pretty much chucked us out of the office! The minutes have come through from the note taker which confirm it all in black and white so I am sure this strengthens my case. The note taker was a trainee solicitor from the company's solicitors so I am hoping they make some recommendation to the company for a compromise agreement before it goes to an ET.
  8. Forgot to ask also - when should I receive my P45 and wages? Thanks
  9. OK - so now I appealed straight away on 14th May, gave them 7 days to reply (which is the time limit they gave me to appeal) - the director who I was told to appeal to is out of the country,which they knew at the time they asked me to appeal. What happens now? What are the potential outcomes? If they offer me my job back (unlikely) it will be intolerable since its such a small company, there is no way we could comfortably work together. If they assess me against the other employee they will still select me as they don't want me there! What is the best I can hope for from all this? I think it will lead to an ET - or is it better to use the ACAS arbitration service first since there is a huge backlog of ET's? Sorry for all the questions. I am not relishing an ET as my ex boss is very intimidating and will argue black is white and I end up getting all flustered and not saying what I want to say so I am terrified. I am also pregnant again and have cancer (not terminal) so want to avoid any undue stress but I really feel I have been treated unfairly and should be compensated for it.
  10. The company is based in the UK and has 4 employees,however 50% of the company is owned by the sister company in Germany who have not been involved in the redundancy process. The UK company is not making a profit but the German company is international and worth millions. I doubt they would open up under a different name as it is branded.
  11. I have been made redundant following maternity leave. It is a very small company and I know that an appeal will result in no change so should I go straight for an employment tribunal? I was the companies first employee and had been there the longest. Prior to going on ML I was covering for the director who was on ML at the time and working alongside an admin lady. Whilst I was on ML one of the directors came to my house and encouraged me back to work earlier as the other director (who has been on ML) was having a limited role within the business and I was needed to cover more of her duties. I had an appraisal in January prior to returning from ML and there was no mention of redundancy. I returned in Feb and it was clear that the other director was going to still have an active role and that my job was being shared between her and the admin lady. Since then the admin lady has been told her job will change and at the time we were both told our jobs were safe. 3 weeks later I have been given a redundancy notice and sent home on PILON. There has been no selection process and no criteria supplied to me. My arguement is that if there is only one admin position in the office then surely I should be fairly assessed against the admin lady as we are both doing essentially the same job. The director argues that my job title is different but our tasks have been 75% the same for the last 2 years. I put forward suggestions of job share and reducing my hours which were completely disregarded and I now find myself out of a job! Any advice would be appreciated. Thanks.
  12. Thanks, I'll let you know as soon as I receive something back and perhaps you can advise me from their. Your help is much appreciated.
  13. They just argue that under terms and conditions of the finance agreement they are entitled to add the rebate back to my account as I did not pay the shortfall. They have promised to provide me with full details of how the amount is made up. I'm getting braver now and intend to stick it out a bit as I'm convinced its unfair.
  14. Yeah, just been doing that! Its really hard to be objective when you are being intimidated. This is not a small amount of money and they are pushing ahead with their legal action. I've done my letter and asked for a copy of the CCA so we'll see what happens. Thanks for advice!
  15. Ok, I will give that a go but I'm not sure that it's going to help.
  16. I think it was £8500, Insurance paid out £6500, gap £1046, I'd made about 3/4 payments before the car was stolen, shortfall was £195.
  17. From what I can gather when the insurance company paid out the finance company included a rebate for early settlement during the financed period. Because I failed to pay the shortfall that was left between the ins company and gap insurance they say they are entitled to reclaim this rebate and have therefore added this plus costs back to my account. I have no paperwork anymore as it was so long ago and I thought it was settled I haven't got anything to work on . What is a CCA request?
  18. I'm definitely penning a complaint as we speak, I'm unsure how to approach it to be honest. when I claimed back bank charges it wasn't too difficult as there was no threat looming over me. At the moment the finance company are planning on taking me to court as they say they can justify the amount due.
  19. Unfortunately it is less than 6 years so I can't argue on that score.
  20. Finance company just told me that Gap did pay out but there was a shortfall of £195. It took them 2 years to tell me about this by which time I had moved address, 4 years later they've found me and because I haven't paid the shortfall they've cancelled the original rebate from when the insurance paid out. This means that they added this back to my account plus fees and interest meaning that £195 has increased to £3500. There's no way I can pay this, I'm seriously ill with cancer and struggle to live as it is. They'll have to take me to court unfortunately.
  21. I had my car stolen 5 yrs ago and claimed on the insurance, I also had gap insurance to cover the difference. Since 5 yrs have passed I haven't got any paper work or details of who the gap insurance was with. I just remember that it was sorted out. Now suddenly 5 yrs later the car finance people are claiming I still owe them £3500, they have no details of gap cover and are threatening legal action?!!! I have no paperwork to support my claim and can't understand why its taken them so long to contact me about it. I have no assets to my name as I've been undergoing cancer treatment for last 4 yrs, I only work p/t so can't afford to pay this back. Is there a time limit on companies claiming for money? What can I do, I'm so worried.
  22. Wayhay...!!! Lodge my claim online and A&L refunded full amount 1 week later despite saying they would defend!
  23. OK thanks for your advice. Fingers crossed they'll pay up, I'm only claiming £726 +interest and costs which is paltry compared to some of the other claim stories on here! I'll post any updates if and when I hear anything.
  24. I filed the claim on 15th March, the letter is dated 19th and all it says is 'Please find enclosed copy of the Acknowledgement of Service that we have filed with Northampton County Court. The copy is enclosed but the letter doesn't say anything else. I now understand that this allows them 28 days to file a defence rather than the initial 14. I hope to god I don't have to go to court!
  25. I filed my claim online after A&L turned down 2 requests for refunds. This morning I got a letter with a copy of the 'Acknowledgement of Service' that they have filed with Northampton Court. What does this mean? Are they defending the claim and will I have to go to court? HELP!!!!
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