I was appointed executor for my late aunties will. I have today been to the housing association to hand in the keys and terminate agreement. They stated that I was responsible for any and all bills that could be raised against the property in regards to state of repair and removal of furniture. I have cleared out all personnel possesions and as much of the smaller items as possible. Can they hold me responsible for the property as I have no contract with them and I am not a tenant

Thanks Pygmalion. My auntie had actually gone into hospital for an operation and suffered a perforation of the bowel. I'm led to believe that this could not have been foreseen and was a complication during surgery

Thanks Flyingdoc. Ive given the policies to the solicitor to query

Not sure if correct forum, I have been appointed as executor of my Aunties estate. She passed away on 24 Dec 2008. Have now started to gather up documents and arrange funeral etc. My question is, She has four Life insurance polices one started 23 May 2008 the others were taken out in November 2008 will these polices actually pay out or is there a period to qualify Thanks Capt

She was actually stood at the reception desk booking into the hotel. The bag was on the counter. The manager of the hotel as accepted that they should have had security on duty in the reception area. You can see on the CCTV footage he made three attempts to steal the bag before being successful then left the hotel. If security had been watching the CCTV this would have been noticed

My Daughter had her hand bag stolen whilst in Spain. She lost her passbook, All her money and mobile phone and Debit and credit cards. This was stolen in the reception area of the hotel and was caught on CCTV. She immediately informed the management and civil Police. She was insured so will hopefully get the stolen money back minus the excess. The consultate issued her with a temp passport to get her home. With what money she had left she phoned the bank and cancelled all of her cards. She then attempted to cancel her mobile phone but after an hour on hold had to hang up as she run out of money. On arriving back in the UK she received a bill from the phone company for £164.00. Her bill is itemised and these calls are all on the day that her phone was stolen and are to argentina and spain. Does she have to pay this bill. She has a crime number and even a copy of the CCTV tape.

I'm currently working as an IT Consultant as some one advised on this board the best way to get back into employment is through agency contracts. Will phone the new employer on Tuesday to find out start dates etc. Hopefully by the time of the tribunal I will be in full time employment.

Thanks Gold Lady. Just opened my mail and Ive been offered a post with another local council. The wage is no were near what I was getting. But funny thing is it states that my references are fine and employment is only dependent on CRB clearance. Strange world

Received letter from Council stating one line. We are not interested in a compromise agreement

Just got a reply from tribunal they have accepted my claim and put a cut off date for ACAS arbitration of 28/08/2008. I take it that this is normal

Thanks Goldlady submitted ET1 and sent letter nothing back yet

Thanks Gold Lady Ive now penned my grievance letter any advice would be appreciated see below Without Prejudice I have today submitted an appeal to the Employment Tribunal on advice from legal representation. They have read all the evidence produced throughout my disciplinary hearing and deem that I have a good case for unfair dismissal. ACAS have also advised me that I should write a grievance letter to the Council, which my legal representative agrees with. I have been informed me that I should request a meeting to discuss a compromise solution to avoid having to go to tribunal for the following reasons 1. I have nearly eight years service with the council with no disciplinary issues and prior to that 25 years exemplary service with the military having been awarded the Long Service and Good Conduct medal. I have not signed a non-disclosure agreement and I am now in a position were I can use evidence from previous hearing were I have been the Technical Officer. I do not wish to cause embarrassment to the council but would have to use this information in my defence for unfair dismissal. 2. My legal representative has informed me that this evidence of explicit pornography being stored and transmitted via email and piracy of music would not only be deemed as gross misconduct but also as being a criminal act. I have also been involved in incidents were senior members of staff have been identified as having password cracking software on their machines. The fact that these senior members of staff were not dismissed shows inconsistencies within the disciplinary procedure. The panel stated that my actions were not similar so therefore this has no relevance however a member of staff being accused of using password cracking tools for access to local machines is Gross Misconduct and is similar to any actions that I may have been accused of. In fact it would be deemed more serious 3. It has been accessed that f my email was removed from the council evidence that there would not have been a case to answer as irrespective that at least five members of ITC were involved in the collection of technical evidence no physical evidence has been produced showing access to band four questions. The data could not have been removed as data concerning band three questions was discovered. Removal of data from slack space is an all or nothing process, which your alleged technical expert should be aware of. 4. The appeal panel dismissed evidence from technical experts from Sophos and Microsoft but gave credence to evidence produced by their alleged technical expert who has NO Information Technology qualifications. 5. At the commencement of the appeal I was informed that Mr ***** was a witness and once he had given evidence would become part of the advice team for the appeal panel. However on the appeal letter he is named as part of the management team. Were the panel aware that they took technical advice off a person with no technical qualifications? 6. ACAS informed me that I should have been made aware of any witness’s that were being called by the management team. This did not happen 7. It is stated in the appeal letter that I was the Senior Desktop Analyst. This title does not exist and my job description and salary banding were as a Desktop Analyst. It was also stated that I was the IT Policeman once again this is not in my job description. It is stated that I had enhanced rights due to this role; my rights and permissions were the same as every other domain administrator. The IT Policeman should be the ITSO who should have the technical abilities to fulfil this role and not rely on a junior member of staff to carry out investigations against his peers 8. The information was deemed as sensitive by the panel however the ITSO believes it is acceptable for sensitive information to be stored on a laptop although the policy published by the council deemed that no information of a sensitive nature should be stored on a local drive. The ITSO stated that he was happy with the security protocols applied by the owner of the laptop, in fact there were no security protocols in ace on the laptop. The data was stored on the local drive without even a basic Microsoft Office password protecting this information deemed as sensitive. By the ITSO 9. I believe the disclosure of explicit pornography, Piracy, and illegal software being found on council’s computer assets will be a major embarrassment for the council. I have never admitted accessing band four questions and my legal advisor as stated that if this had originally been deemed as gross misconduct I would have been suspended when the allegation was made, I was only suspended after sending an email stating that I had seen a document relating to questions and answers. If I had not sent this email it is perceived that I would not have been suspended. The email itself shows my integrity and honesty as I was under no pressure from the investigating officer as I was still in work and not under suspension. All witness’s and myself had been interviewed prior to my sending an email whilst under strong prescribed drugs. My alleged actions it would appear were not deemed as gross misconduct until after I sent the email as I was allowed to continue in work after my interview. In nearly all cases of gross misconduct the person under investigation as been suspended after their initial interview as the majority of information is gathered prior to their interview, as was the case with this investigation. Subsequent evidence was only sourced in relation to my email. Albeit by mainly non-qualified personnel or junior members of staff. 10. In the appeal dismissal letter it quotes that I was a senior member of ITC. There were in fact thirty members of staff senior to me either by job title or salary. It is therefore a question from my legal advisor why I was given so much responsibility for administration of applications and software that were not in my job description. They also have contested the phrase that Anti Virus and Track it were my specific responsibilities yet there is no mention of either of these products in my job description nor have the council ever provided training for me to be able to support these specific tasks. 11. The panel stated that solutions given by international companies were not plausible both these companies have confirmed that not only are there resolutions plausible but in the case of Microsoft any certified exchange administrator would be aware of the functionality of “Hard Delete”. Due to legal requirements these companies are not in a position to give incorrect resolutions or advice. I have been informed that the actions carried out by the Council could be deemed by the tribunal to be a breach of my contract. An employee should normally be given 1 week’s notice for every complete year of employment subject to a maximum of 12 weeks. I had seven years continuous employment and therefore would usually be entitled to 7 weeks notice pay. You will argue that I was given notice because I was dismissed for Gross Misconduct and therefore summary dismissal was warranted. However if I progress this matter to tribunal I will argue that I had been wrongfully as well as unfairly dismissed and if proven or agreed by the tribunal this would be in breach of my contract and by not paying my notice my former employer would have breached employment law and my contract. I believe it would be in both parties best interests to agree a compromise agreement

I am submitting the ET1 form on Monday, Will have to go it alone as the union solicitor has stated she only deems my chances of success as 50/50 so therefore the union will not assist with costs

Solicitor as told me she can no longer represent me as the union will not pay. She stated that I should write the letter or employ another solicitor to write it for me. I have not got a clue were to start. Any help with format or ideas in regards to the letter gratefully received

Thanks for the reply Gold Lady. The solictitor said to send a grievance letter to the council to try and obtain a compromise agreement. In that they pay me my notice and an agreed reference. She stated I had to do this before filing for the tribunal

Got a reply from the union solictitor they have stated that they only deem my chance of success at a tribunal as 50/50 so therefore are not willing to progress the case. They stated that I should write a grievance letter what is this and are there any templates that I could use.

Have sent in the ET1 to the union who are going to decide whether to proceed. Quick question should I have been informed prior to the hearing and appeal of any witness's that were being called. I know in a court you have to be informed but not sure about this. Seems unfair as you do not have chance to prepare any questions for them

Just received ET1 from Union. Need to fill it in. In set out details for complaint so far I have got. The decision was not reasonable based on the facts of the case Acas code of practise states all employees should be treated equally Not covered in my terms and conditions Level of punishment unreasonable bearing in mind the facts and punishments to other employees No financial or personnal gain to be made How was it deemed gross Misconduct Any help with right phaseing or additional points gratefully received

Thanks Hanzo received a letter today stating that the legal rep is on annual leave and the finding will be sent out when they return. Just confirmed that the appeal had been dismissed

Well its been a week since my appeal and still no written notice. The union are saying I cannot progress this any further until I receive the verdict. Asked the union about whether a witness can stay in the hearing and they said it was up to the appeal panel. Originally before going in I was told he was giving evidence and then acting as a technical expert for the panel. But he sat with the management team and questioned my witness's is this right

Well got the reply did not get the position. Would appear they contacted the council who informed them I had been dismissed for Gross Misconduct but would not divulge what the offence was.

I have spoke to a more senior member of the union who as stated that once I get the appeal result in writing they will arrange for me to see a solicitor. I was on an interview on Friday for a three month contract through the agency. The agency will inform me tomorrow if I have been successful. If I am this should enable me to change my last employer to this contract. The agency are aware of what has gone on. Thanks for your reply GoldLady

Thanks for the reply Bed32. Problem I have got is I have been short listed for several positions and interviewed. Two very senior managers have agreed to give me references as they do not agree with what has happened. But problem is that when the prospective employer asks the council for a reference they either refuse or just state dismissed for Gross misconduct and list any time I had off for sick which is zero. Ive now registered with two agencies as some one else advised on another thread. I'm just really annoyed In the way I have been treated since being dismissed and when during the appeal I was accused of Hacking that was the last straw

Just a quick point whilst I remember during the managements summary at the end of the appeal the lead officer accused me of hacking into the machine. This is illegal. I used my normal account that had been granted the rights of access to enable the policing of the network how can this be deemed as hacking

Just got back from the appeal. I lost the appeal. They did not give a reason just that I will be informed by letter of the decision. The union rep contested the addition of the new evidence and was informed that it was admissible as it was a new hearing. The management side consisted of the technical expert who was also a witness and asked me questions. The original investigating officer. Amember from HR and the person who chaired the hearing. So I got interogated by all four at the conclusion of my evidence. All four stayed in the hearing throughout What do I do now.