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clarkenuttal

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About clarkenuttal

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  1. Already looked at Vento Scale but basic question is that if they all count as 1 for the purpose of calculations or 3 separate Vento based calculations
  2. Where can I find comparators and cases? It all started with 1 discrimination which leads to another discrimination and followed by victimisation and eventually leading to Constructive Dismissal. The employer wanted a Strike out for discrimination claim at preliminary hearing in tribunal but didn’t succeed. Therefore the asked for schedule of loss for possible settlement. This is what I am not sure about, if whether all discrimination should be differently calculated if there are common grounds?
  3. Does anyone know how does multiple discrimination claim awards are calculated. For example if someone is claiming for (1) Disability Discrimination (2) Marriage Discrimination and (3) Victimisation will they all be individual awards based on tiers or is one lump sum award if successful? It will also be useful to know how to calculate these awards if someone can help!
  4. It is very normal for solicitors to try and threaten you through out the process of your claim. They want to threaten you because the tribunal process is very costly and they want you to either back off from your claim or accept some really low Settlement Amount. The tribunal will not usually make cost orders and it is very rare for a tribunal to make cost orders (pay other side fees etc) unless your case was very weak/non existent. You may take a friend or colleague with you to Tribunal who can speak on your behalf.
  5. All communication happened through email so there is no questions about any delays due to postal issues
  6. Every union has a local on site rep like you mentioned and regional office where you can call and ask for a rep from another area independent of your company and your management and I would highly recommend request a rep who is independent of your work place. Regardless how high up she may be in management but grievance are always investigated by person higher than accused so in this would be her line manager at the least. Again it's highly recommended like previously you mention that she had threatened you nothing would be done against her therefore you need someone independent from her area of work to investigate this grievance and take unions advice on writing grievance
  7. Sorry to hear what you had to go through. To answer your questions you are not over reacting to this. You should raise a grievance however you need to mention in grievance that being your line manager she had threatened to cause hindrance in grievance proceedings and therefore you don't believe grievance may be able to get the desired results and therefore would want this matter to be investigated by someone independent of your area of work if that is a possibility in your area of work. For example someone working in a store requests someone from head office to investigate grievance against line manager. Most importantly that is a breach of parking regulations so this be reported to parking enforcements and there is definitely a big element of bullying and harassment and even some discrimination against your disability so if you are part of union please raise this with them and they should give you some sort of advice and legal representation. Hope this helps
  8. I agree you been devil's advocate but in that case it would be between their Physio and my brother's treating Physio, doctor and Consultant etc. But thinking in a least optimistic way I am thinking down the route of SAR to understand what have they based their decision on. To understand all medical history and evidence they considered to make this decision and their own observations. That way it won't be any feelings but only medical evidence vs medical evidence? Once I got that I will get him a solicitor or someone that can help may be from his own union. I also wonder the appropriateness of accessing him too late and if that could be a ground for challenge?
  9. For now I am not even sure if insurers even considered his mental health side of illness therefore I wanted to see at their medical notes and video surveillance as even insureres maintain he used walking still with uneven gait all along. How will I be able to receive from GP? Will they still send everything to GP if I requested a SAR. I want to see all the medical notes and evidence they have considered including their notes from their accessor which they have based their decision on so it can be appropriately challenged? I am also thinking of saving some time by doing this. Do you believe that there is any element of breach as insurers were suppose to payout from September and it was not until January this year they decided to access him? If it is a breach then in your experience can we force them for a payout for such breaches?
  10. Thanks Sangie your comment really helps as it gives another point of view. I am however not sure what you meant about there is no physical evidence of any issue? (he is been accessed by his doctors, physios and consultants and they all agree on his condition) To answer First and foremost on his condition and job which was your biggest area of concern. His job involves physically handling and caring for people some of them at high risk. There is no doubts on his physical ability as I can assure he can only do small distances that too with his stick and cant walk distances at all with or without crutches/stick. This is backed up by treating doctor, physio and consultants and even insurers say that in throughout surveillance he was seen to be walking with a stick and with an uneven gait. Therefore I was considering the SAR route to check what evidence is the insureres considering to decide this claim and what exactly does their accessor's report says about my brother? On his mental health side he has a long history of mental health issue since his probably his pre teenage days so its not something he started faking. This was quite bad at one stage however it receeded and merely bothered him later on. After this bullying and stress incident his condition has worsened and is currently back to its peak days including hallucinations and for this he is been under the care of Mental Health team for last 5-6 months uptil now and this includes various teams such as CBT (Cognitive Behaviour Therapy) and others something that seems to be clearly disregarded by his accessor. What is bewildering me is that knowing his job involves high level of care and physical activities how can insurers physio deem him fit for work when he cant walk without stick and is suffering from hallucinations? Also if his condition is triggered by work related stress (even though stress not being a medical condition) how will he recover if he is put back in same environment that caused him this issue in the first place? Other points I need to seek clarification is Considering he was supposed to be on Income Protection in September was it a fair practice from the company to get his evaluation done in January (approximately 4 months later) and how can assessing someone nearly 4 months after they should’ve been on Income Protection good indicator how their condition was 4 months ago? Finally what weight does company's insurers assessment carries over his own treating doctors, physios and consultants?
  11. I haven't had much advice so I am likely to proceed by making a SAR request tomorrow and hope to see their evidence for rejection
  12. Training day pay usually equals either normal days pay (contracted hours) for the day or actual hours for the day whichever is higher
  13. Problem is the definition of Incapacity they quoted as "if you are unable to carry out material and substantial duties" I am baffled as he is in physically and mentally ill But their assessor thinks different to his treating doctors and consultants. They've also mentioned we agree he is stressed but stress itself is not a disease. But what they don't realise that he is so bad that he is not even physically and mentally around for his family so how on earth will he be able to perform material, substantial or even any duties specially knowing his condition is driven from work related stress in first place
  14. Most certainly honeybee. Have you had a chance to see my thread? Please spare your thoughts if you could
  15. Will subject access in this case will be relevant? I am thinking subject access might show their accessor's medical reasons and observations and my brother's own medical records that we can possibly challenge?
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