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scousegeezer

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Everything posted by scousegeezer

  1. Cat's Whisker, As far as I am aware as an ex union official, you are not supposed to engage in anything which will further prevent you earliest return to work. In other words something like rock climbimg - falling and breaking an ankle etc. If you are engaged in an activity that would help your earlier return to work , there is no problem with that. Fly fishing is a relaxing and theraputic pass-time and would help bring down your blood pressure. As an ex fisher I know that to be true. As BRB states , your employer is at liberty to investigate your activities whilst off work sick and as has been previously stated get a letter from your doctor stating that it did not prevent your earlier return to work . I would also get the doctor to state in the letter that it would have been theraputic for you. After your stroke did you have problems moving your arms etc. This would have ben gentle exercise to get all the movement back . You understand my line of thought. By the way , whats you best catch - mine was a four and a half pound brownie, caught on a whiskey fly. Tasted lovely after barbecuing. Best wishes - Scousegeezer.
  2. Yogabear, When I was made unemployed last year, I was advised by jobcentre staff that I had a period of thirteen weeks grace. In other words that period was allowed were I could be "fussy" with applications and restrict them to jobs with a similar salary and skill set to the job I had just left. I was also advised that after that period I would have to apply for any and every job that I thought and the jobcentre thought that I stood a chance of getting. I didnt worry too much as the employers would know if you were over qualified and get bored and probably would not take you on. How long have you been unemployed for. Cheers - Scousegeezer.
  3. Sar204, The Working Time Directive does NOT allow people to work through their break in order to finish early. If your father works 6hrs or more - he MUST have a break of at least 30 mins. That break has to be taken during the middle hours of his working time. I am not aware that they can insist that he takes an hour break, but then that will depend on what his contract/terms of reference state. Cheers - Scousegeezer.
  4. Sar2004, First of all "amber" - means stop unless unsafe to do so. So unless he had a car right up his chuff, he should have stopped. Secondly, if I remember correctly the summons will refer to failing to obey an automatic traffic sign - traffic lights. Although usually an officer will give evidence of a car crossing the stop line after the lights have turned to red; he does not have to - amber is enough unless unsafe to do so. Unfortunately, you cannot request any evidence at this stage. He will have to make a decision as to whether to challenge the issue of the ticket or not. If he does challenge - request a court hearing - he will have to make the request for "disclosure" at the pre trial hearing. That means a court hearing will follow and the case tried. He DOES run the risk of a greater penalty if found guilty, will be more than £60 fine and probably but not definitely more than three p[oints. The decision is his to make I am afraid. Cheers - Scousegeezer.
  5. Diaz101, I am regarded as being covered by the DDA. I therefore speak from experience, so please do not poo poo what I say. I have previously sued one employer under the DDA and I am now taking a second employer to tribunal ; for far worse discrimination. Firstly , an employer does not have to accept that you are covered by the DDA. That is why your employer sent you to see a doctor for examination. The doctor is perfectly entitled to state that you are not covered by the DDA in his opinion. The fact that he states it does not mean that you aren't. You can say that you are. In such circumstances, the only person(s) to make the decision is a court or tribunal. Secondly, you state that you were provided with a chair that was unsuitable. I understand that you are the ultimate judge of whether it is or not suitable for you, my point is how was that particular chair was decided on. Were you measured up for the chair; or did the assessor just ask you what your injury was. In my experience you have to be measured and it is quite an involved process. When you were assessed for your chair, was a rise and fall desk discussed as well. This would be in order for you to stand and do your work when/if you felt it necessary. The point I am making is that your complete immediate work environment has to be assessed and adjusted if necessary. Thirdly, The Employment Act. A new act was passed in 2008 which went onto the statute books in April 2009. That act states that you no longer have to submit a grievanc e before taking legal action. Also the DDA was ammended last year and you can now ask for lost salary when going to tribunal. On top of that you can claim damages for "hurt feelings". SEE A SOLICITOR RIGHT AWAY. If you have home insurance contact your insurance company and give them the brief facts. They may allow you to instruct a solicitor of your own , or they may appoint one for you. Your first hurdle will be provong that you are covered by the DDA and the respondent will probably put you to strict proof concerning this. Hope this helps - Cheers - Scousegeezer.
  6. ct123, IMHO, although it may appear appealing to take the route of appealing the decision of a "Final written warning"; on the basis of the original investigators decision of no action. In reality it would be folly. My thoughts are that the employer wishes you OH to make the appeal so that they can vary the disciplinary decision of final written warning to that of dismissal. This is allowed under employment law. The person dealing with the appeal can vary the decision on the basis of gross misconduct, if that is the decision he/she comes to. Which I am sure will be their decision. Does your OH have the final written warning decision in writing. If so, I would advise writing to the employer with a copy of that letter and advise them that he does not wish to appeal. I would also recommend that he advises them in the letter that any further communication regarding this matter, including them telling him of where and when he will be transferred ; should be in writing. I would also recommend getting a truecall recorder for your phone calls, just in case they do not heed the request. I am not too sure on the next point, but wait til someone else comes along to agree or disagree with me. The next point being, in my opinion he has been punished twice for this discilinary matter - the final written warning and also being transferred to a different department, on a lower payscale. Which makes life difficult, a little. Due to the fact that the only way to rectify the "double jeopardy" would be to appeal. BUT as I say, wait til someone else comes along with some furthr advice. Cheers - Scousegeezer.
  7. Chez, Do you have a dental hospital near where you live. If so, if you go to their casualty dept and ask for treatment you should get it. You will see a trainee dentistand it probably wonr cost you anything, if you show them you are on benefits. Other than that I cannot suggest anything else. Cheers - Scousegeezer.
  8. Pompey, Wasnt aware that I could claim IS. What cdriteria is there for that. Tahnks for the early reply. Scousegeezer
  9. Hi All, I have worked all my life except for short periods when awaiting surgery on a degenerative back injury - Industrial Injury. Due to my previous (last employer) not making Reasonable Adjustments, which meant that I was sitting down for the best part of six months;I now find that I am unable to work. I have had the injury for 31 yrs and as stated above , continued to work. I have applied for ESA three weeks ago and was advised that it would take three to four weeks to process. No problem there. I had a phone-call this morning from a chap at ESA. He asked me a few questions and then told me that he would put me forward for Contribution based EAS, as if he had put me through for income based I would likely not receive anything. This is because I receive Industrial Injuries Benefit and Mobility compononent of DLA. I asked if this would last for six months and he advised me that it wouldn't and that I would remain on Conts based. I asked how much that would be and was told £64.30p. My question , is that it now . Are my wife and I supposed to "live" on that amount for the next 9 yrs until I receive my state pension. Or will it ever increase, on top of inflationary increases. Thanks - Scousegeezer.
  10. Zararh, Sorry you are wrong and Elpulpo is right. (when you have been on here long eough you will learn not to challenge vertain people - Elpulpo is one of them). By law 20 mins if you work more than six hours in a day. Anything else depends on whether your union has been able to negaitiate a longer peiod or two small breaks - therefore speak to your union reo - if you have one. Cheers - Scousegeezer
  11. Squiddy, The organisation is called the Shaw Trust. Just Google them and they will come up. Cheers - SG
  12. Squidward, With something like RA, your wife will be covered by the Disability Discriminatiion Act. She has an ongoing condition which has lasted and wil last more than 12 months. Therefore the company should allow her time off for the appointments. There is an organisation, who's name I cannot remember at the moment, who will pay something like £2,000 a year to the compamy to compensate them for your wifes time off work to attend the appointments. They cannot stop her attending the appointments under The DDA. Hope this helps. Cheers - Scousegeezer.
  13. Pen, OK, we need some dates first from you. What date was the offence, what was the date on the NIP - the date it was printed - top righhand corner. What sate did you receive the NIP, have you gat that recorded. NOW have ypou had a summons stating a date for your appearance or just a letter advising you that they will be applying for a summons. Cheers - Scouszegeezer
  14. OK Peeps, As requested here is a photo, showing the dashed line and yellow lines further up the road. There are no signs saying parking restricted. Morally wrong - yes . Unlawful ??? Lets just say the better half wont do it again. Cheers - Scousegeezer
  15. OK, I have tried attaching the document. Hope it has worked. By the wat, I have e-mailed Liverpool City Council and asked them for a copy of the TRO. Just waiting their response. Cheers - Scousegeezer./ scan0001.pdf
  16. Thanks for the replies. TDD, The code on the PCN is not very clear- The writing is awful - it is something 01 - the first number is either 7,2 or 1. ITS that bad. Sailor Sam, I will try to upload it - never done it before , but will give it a shot. Cheers - Scousegeezer.
  17. Yoshiro, You may get lucky and they may offer you a speed awareness course. Good Luck - Scousegeezer.
  18. Bernie, Thanks 4 quick reply , they were dashed. Cheers - Scousegeezer
  19. Can someone point me in the right direction plse. My wife has been issued with a parking ticket this afternoon, for parking in a cycle lane. No yellow lines or signs saying you cannot park. I just require someone to tell me where on the net I would check the order. This is for Shaw Street, Liverpool. Many thanks - Scousegeezer.
  20. Jackieand Wayne, You should put down anything connected with the case. You have already stated about your lost salary - how about overtime - did you used to do some - if so average it out to get a weekly amount - then multiply that by the number of weeks you have been off work. On top of that you have medication costs (prescription charges), costs of counselling ( travel expenses to the sessions as well). All sorts of stuff - ABSOLUTELY any costs connected with the case/your stress. Well done by the way. Cheers - Scousegeezer.
  21. Sisgen10, It sounds as if your daughter has been on Conts based JSA. She will need to make another claim for income based JSA. Her advisor at the jobcentre should do this, however they are lazy sods and will tell her to ring the hotline number to make a new claim. The advisor should just do a change of circs for her as her claim is not new - its ongoing. However, when she rings up tell her to state that she wishes to claim income based JSA and they will go through the claim. She will have to take her hubby's accounts with her to prove the low income, but it should go through OK. Tell her to also contact the council and advise them of the change - otherwise you run the risk of the DWP advising the council that her claim has ended and they MAY stop her council/housing benefit. Hope this helps. Cheers - Scousegeezer.
  22. Hollysdad, My pleasure - no probs. Cheers - Scousegeezer
  23. Hollysdad, I quote from Selwyns law of Employment. If the lay-off or short-timr has lasted more than four consecutive weeks,or more than 6 weeks in any period of 13 weeks; then the employee may give written notice ( not more than four weeks after the lay-off or short-time has finished) that he/she intends to claima redundancy payment. He/she must then give the requisite notice to terminate his/her contract, and will be entitles to be considered redundant. The employer may agree to meet the claim, or refuse to do so and may serve a counter notice within 7 days; on the grounds that he reasonably expects to be able to provide at least 13 weeks continuous employment, without further resort to lay-offs or short-time working. If the claim or counter notice are not withdrawn, the matter will be determined by an employment tribunal, which will consider whether or not there was a reasonable prospect of full employment for 13 weeks. If the counter notice is withfrawn by the employer, or the 13 weeks continuous employment fails to materialise, the employee is entitled to be paid reduundancy money. - End of quote. PLEASE do not forget that whilst on short-time working or lay-off , you can claim jobseekers allowance. Ring them today, 08000 55 66 88. It will however depend on whther your partner (if u have 1) is working full-time or not. You need to claim income based JSA. Cheers - Scousegeezer.
  24. Ally, Personally, I would not go to ABTA. In my experience they are a toothless wonder. Write your LBA and then follow through with the issue of proceedings; if they to compensate. GOOD LUCK Cheers - Scousegeezer
  25. Onceupon, I am aware that if you are involved in seasonal work and you are employed by the same employer for consecutive seasons, then you are regarded in law as a permanent employee and have all the rights that the rest of us have - in other words they cannot just sack you and say that you have not been employed for more than 12mths therefore employment law does not cover you. I must stress that I dont know how many consecutive seasons it has to be. So this might be a bit tricky to take to a tribunal for unfair dismissal. Especially if you have to go through the selection procedure each time. DO YOU? Do you have to apply and have an interview or do you merely have to write them a letter stating you wish to return the following season. Having said that, the fact that you have a letter in your posession (as I read it) stating that you are being employed for the next season must go in your favour. Someone else with more knowledge than me will be along a little later with better advice. Cheers - Scousegeezer.
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