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Jason F

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About Jason F

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  1. Right, so you are still employed BUT you are claiming IB from the state, and presumably you have been off for a number of months and therefore your firm are no longer paying SSP.. I am sorry to say that I have no idea what would happen in practice if the Medical said you were fit to work... I suppose your IB would cease and you'd have to try and suck it up and work in the office whilst you try and find a better job or at least a job you prefer? Hopefully someone on here will confirm...
  2. Ok, A direct instruction barrister is one who is instructed by you rather than through a solicitor - not all can do this (in fact, it is quite a limited number). Some may want payment in advance, and you will need to argue with your insurance provider about using direct instruction barristers. Basically, it also helps reduce the costs because you do the work that a solicitor would do (and of course you then are not charged for it! BUT, you can still claim your costs as a litigant in person at the ET, for the time you spend on the case). You would really need a scanner (perhaps a
  3. Ask them to indentify which section of the terms they are relying upon as well. That way you can prepare your defence/attack based upon what they say, and determine what information/evidence you need as well. Also, check your house insurance etc.. for legal expenses..
  4. With regard to your conviction, was there any press involvement? Has any Doctor suggested/noted that your use would assist in pain relief (just trying to find a way to ensure it was reasonable to do so). Any policy on the computer may be deemed part of your T&Cs as a rule, there is likely to be a T&C which says that these may change or be found etc. and be added to your contract.... I am not 100% convinced that simply being convicted of an offence will be suffficient for them to act and call it Gross Misconduct..... They are correct in that they need to provide you wi
  5. I would never recommend anyone seek bankruptcy unless they had absolutely no choice. There are charities who can deal with your creditors and try and sort things out i.e. make payments which you can afford, until you get back on your feet.. So they already have lost one court case? Have they made an offer to the creditor to pay them back at say £10 a month etc? To be clear, in the event that the house is in negative equity and the house is repossessed, then sold at auction, the mortgage company can still go after them for the money....... i.e. they don't just start afresh AFAIK.
  6. Hi, Well, the legal insurance is a great start. Might I suggest, if you are brave enough, that you seek a direct instruction barrister to use at any hearings, and of course to assist in producing documents etc... She sounds like a very strange lady indeed, I can only think it was a surreptitious attempt to threaten you, but I cannot see any logic in why she would do that, unless she took a dislike to you (I hate to sound sexist but IME this seems to be how women operate at work, they dislike someone for no rhyme nor reason. Indeed, ironically, when there are people who are, uh,
  7. Yes, I can appreciate that, but the question falls to: What outcome do you want? Basically, I am suggesting that you set things up so that 1. You can complain and it gets dealt with and 2. IN the event it is either not dealt with or you are treated differently afterwards, you have a claim for victimisation.
  8. Ask them for a copy of the alleged reference. Advise them that your employer states that no such reference exists. Give them 7 days to provide this reference. Ask your ex employer to state in writing that no such reference was provided.
  9. Ah right, it is not easy under the circumstances. Can they not get DSS payments to assist with the mortgage etc? The problem is they won't be sorted, it can haunt them for the next five years or more, AND in some cases the bankruptcy does not mean the mortgage company can't come after them.... Yep, you can look up counsel on the Chambers website and see if they also act in Employment law, and then they can give you some help.. Oh, does your brother live in London ? (Slim chance, but FRU may take on his case if he does). Annoyingly, I cannot find the s***ing case in my book now wh
  10. Might I suggest that you get a small dictaphone, secret it in a pocket, then record evidence of this bullying as well. Your employer owes you a duty of care.
  11. There is caselaw to suggest that discrimination claims should be heard, which I can give you if you want, if you are going to make an out of time application. That does sound nasty, and he sounds like he was pretty lucky to survive it. I am no expert on bankruptcy, but yes, I do THINK that in the event he acquires lots of extra money, it is possible for a debtee to seek to recover it. But they would first of all have to find out about it.. I would counsel against bankruptcy if at all possible though - have they tried the money expert debt type people etc and made offers to pay a n
  12. The two managers could not discuss the situation, that again would not be impartial. They will need to have you submit your views, the manager submit their views, then a decision made by someone impartial.. Did you or your witness sign the minutes? If not, then that is also in your favour.
  13. Any APPEAL on a decision which is heard by the same decision maker (i.e. manager) who took the original decision is NOT an appeal which will be recognised by the court and therefore will not be a correct procedure for the DDP .... You can put, in writing, to your employer that you believe that the appeal process was flawed as the same person has overseen the appeal as the original decision and request the appeal be passed to someone independant (of the manager, not of the company) to make a decision which can be impartial, upon sight of all the evidence..
  14. It is not for YOU to come with a suitable alternative position, that is their job to search through the vacancies etc.. I would remind them of the view taken in Alexander v Home Office if I were you in respect of this matter.
  15. Nicky, I don't doubt it, I just wanted to be very clear !! Because it's easy to mis-interpret written stuff - at least, for me..... So, you are saying that your manager was raising fallacious accusations made against you by someone (fellow employee?) but she wouldn't give you the details? This then caused you substantial upset and ruined your weekends etc..and undoubtedly also sleepless nights worrying about it. That in itself is a breach of a founding pillar of justice, and the courts don't look too highly upon it - you must be given the evidence of the claims and accusations made
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