Well they didnt follow it at all? they had one meeting and dismissed with immediate effect. I read somewhere that the tribunal awards between 10 - 25% uplift. so i was just estimating in the middle. The other i didnt know how to assess was injury to feelings is there any definite way of determining a figure, I put down £2000 as a general amount.

Ok so this is what i have so far can somebody let me know if this ok? or if i have missed anything significant? Thanks ------------------------------------------------- Statement of Loss ------------------------------------------------- 1 Basic Award Calculated as 1 week pay per year of service. Last Monthly pay of £xxx.xx multiplied by 12 months divided by 52 weeks multiplied by 2 weeks. £000 2 Loss of Earnings Calculated actual loss of earnings from the period 11 April 2012 – 5 November 2012. Last monthly Payment of £xxx.xx multiplied by 12 months divided by 365 days multiplied by number of days during period between dismissal and tribunal (208 days). Including unpaid notice. £0,000 3 Diminution of future prospects Calculated as one year’s salary for starting position of 3rd Officer. Lowest starting salary taken from Prospects.ac.uk – UKs official graduate careers website. http://www.prospects.ac.uk/merchant_...cer_salary.htm £00,000 4 Injury to feelings Failure to discuss or investigate restrictions of illness, and then make judgement on the condition and capability of the claimant without due regard to health or injury to the claimant and his feelings. £0,000 5 Loss of Statutory Rights Calculated as £300 per year for the period of 2 years to receive full statutory rights. £600 6 Serious failure to follow ACAS code. 15% uplift due to serious failure to comply with ACAS code and guidelines. £0,000 TOTAL £00,000

Sorry This went on the wrong post

Hi Everyone, I submitted the claim and it has been accepted by the tribunal, and they have sent out case management orders. The first is to provide a schedule of loss by the 8 August, Could someone provide with me some guidance as to what i need to provide on this as i am completely cluess. Is there a template of some description for this? Any help would be much appriciated. In addition i contacted the CLA and am awaiting a form to complete to confirm eligibility for them to take the case forward, but they have told me to continue with the process myself until such they confirm they can take the case, which hopefully they will and hopefully take some of the pressure off. But i dont want to leave myself in the same position as last running around like a lunatic at the last minute.

Hi Everyone, I'm going to go to the manchester tribunal to file on monday morning, could some one advise do i just submit the ET1 Form to the tribunal, or do i have to send it to the reponsdant like in the small claims?

Ok so the case law is abit over my head but this is my understanding? Its not a modern apprenticeship as there is no third party, unless you count the parent company which i dont think would apply. I assume this means companies like JTL who act as an intermiatary like electrical and plumbing appreticeships. The things which suggest it is a traditional apprenticeship are: a) The salary is below minimum wage - i assume this only applys to apprenticeships. b) The training is to be taught a trade, i have no official role onboard other than to study the Officer of the Watch. In addition i have to complete a training record book, which outlines the tasks i need to learn on board to be eligible to qualify. c) By dismissing me i can no longer become an officer of the watch. d) The company allows me time off to study allbeit not in invidual days off, but in phases due to working away. e) the contract allows for minors to join, with consent of their parent/guardian - although this doesnt apply to me. Do i need to make significant changes to the POC if it is apprenticeship?

Thanks elche, what do you mean by "creates a series of unique situations that can effect your entitlement to pay" and "could affect the right things to write in the POC". I remember reading that if apprentices are dismissed they can claim future earnings? But i don't know what the legal test is for apprentice?

Becky, the CAB couldnt help to much extent and just advised to do what i was doing, as only seen them when sending the appeal letter. The company i work for is based in guernsey, but the ships operate primarily in the UK and ocassionaly north europe. The parent company of the company i work for is uk based, i didnt know whether to include them in the claim or not? They are who i have had all contact with. I was reading some reports by nautilus and some solicitors websites, which explained that the UK tribunals do allow claims for seafarers with a connection to the UK.

Thank you madari, will add that in now. Thank you elche: What do you mean by legal apprenticeship? My employment was a training agreement its not listed as a modern apprenticeship, but is very similar in nature. The company pays for all the training involved, and at the end of the programme i would have become a qualified navigational officer. The pay is well below minimum wage, so i assume its classed as an apprentaship in that respect. Monthly pay was around £500. Under the termination of agreement it just says that the company can terminate the agreement on certain grounds, no mention of notice? But the letter they sent following the meeting said that my contract was terminated with immediate effect, i assumed they had to provide some form of notice? I am unaware of any capability or dismissal procedures by the company? What is ER's?? I didnt ask for a written statement of dismissal, just recieved the letter after the meeting.

Hi Everyone, I was dismissed from work due to illness 2.5 months ago, and need to file my ET1 form by the 10 July. I was trying to get representation but all avenues failed due to lack of funding, or resorces at law centres. I have written the POC could some just check through and give me some advice on them. Thanks in advance. _________________________________________________________________________ IN THE ManchesterEmployment Tribunal BETWEEN: xxxxxx Applicant - and - xxxxx Respondent ------------------------------------------------- Particulars of Claim ET1 Section 6.2 ------------------------------------------------- BACKGROUND 1 The applicant was employed as a xxxx on the10 February 2010. 2 The role is an apprenticeship style trainingprogramme involving work on the company’s vessels with college phases toachieve a foundation degree in nautical science and certificate of competencyas a navigational deck officer. The phases of work and study are as follows: a) Phase1: Initial college period. b) Phase2: First Sea Phase c) Phase3: Second college period. d) Phase4: Second Sea Phase. e) Phase5: Final College Phase. 3 The cadetship pays a training salary duringthe phases, the salaries are as follows: a) Year1: XXXXX b) Year2: XXXXX c) Year3: XXXXX During college phases there is also a housingallowance of XXXXX, excluding college holiday periods. 4 Leave is earned during the sea phases at aratio of 3:1, with trips on board the vessels usually lasting 9 weeks. 5 The first trip on board the ‘XXXXX’ lasted 10weeks, where there were no problems. 6 The second trip was on the ‘XXXXX’ thiscommenced on the 11 November 2010 during the first few days the applicant fellill and instructed the captain he wished to leave. The applicant left thevessel on 16 November 2010. 7 On returning home the applicant visited thedoctor and was signed as unfit for work due to anxiety. 8 The company was informed and the applicantcontinued to remain off sick until 06 January 2011. After speaking with thecompanies training supervisor, XXXXX, the applicant returned to work on the ‘XXXXX.The trip was short due to a holiday booked prior to being ill and ended on 15January 2011. 9 After going on holiday, the applicantreturned to work on the ‘XXXXX the trip was from 07 February 2011 until 21February 2011. This short trip was due to returning for the second collegephase. 10 The second college phase was completedsuccessfully. 11 The applicant commenced the second sea phase,and returned to the ‘XXXXX on 21 December 2011. 12 During this trip the applicant again fellill, and informed the captain. The captain suggested continuing and monitoredthe situation. 13 After a few more the days the applicant decidedthat he wasn’t fit, and requested to leave. The applicant left the vessel onthe 7 January 2012. 14 On return the applicant visited the doctor,and was signed off with depression. In addition the applicant’s mother wasdiagnosed with cancer for the second time, which added considerable strain onthe applicant’s condition. 15 The applicant continued to send doctors notesto the company, and responded to the company’s questions and phone calls. 16 Around the 4 April 2012 the applicant receiveda phone call from the companies training supervisor, asking him to attend ameeting to discuss “returning to work” at XXXXX 17 The applicant agreed to attend. 18 This was followed by a letter, dated 28 March2012, and a rail warrant to cover expenses to the office. The meeting wasscheduled for the 11 April 2012. The Meeting 19 On the 11 April 2012, the applicant attendeda meeting at XXXXX, in attendance at the meeting was: The applicant; XXXXX; andXXXXX. Both of XXXXX. 20 XXXXX opened the meeting by explaining thatthe purpose of the meeting is to discuss the current sickness situation, and tofind a way in moving forward to resolve it. 21 The meeting then continued to discuss theevents during the trips at sea. This lasted approximately 10 minutes. 22 XXXXX then continued to outline that to beeligible to sit the final oral examination the cadet is required to have 12months sea time, and in his opinion the applicant could not complete this toremain in-line with the other cadets at the same time. He then stated that thiswas in breach of the training agreement and that the contract is null and void.And asked how the applicant felt about that out. 23 The applicant indicated he wasn’t happy aboutthat as it is something he wanted to complete. 24 XXXXX then continued to say that he doesn’t believethat the sea time can be completed with the current confines of the illness. Hethen went on to discuss the leave period and that the applicant was in negativeleave of 29 days; and that couldn’t be recovered with the sea time. 25 The applicant then went on to discuss hissituation and discussions with his doctor. He explained that the doctor had puthim on citalopram and was monitoring the situation. And that the applicant haddiscussed returning to work with his doctor and that the doctor would preferthat the trips be shorter, around 1 month, to manage the situation. 26 XXXXX explained that the leave ration wouldthe only allow for 1 weeks holiday, which XXXXX confirmed and stated that hebelieve this would be too intense for the applicant to do. 27 The meeting then returned to the events onthe first illness on the MV Clyde fisher. 28 XXXXX then returned the meeting to fact thathe believes that the applicant could not complete the required sea time in theconfines of the training agreement. 29 XXXXX then went on to discuss that there were2 options as far as he could see. a) The companyterminates the employment, which doesn’t look good going forward; and that theywould seek the negative leave. b) Chooseto leave, and the company cannot recover the outstanding leave. 30 The applicant decided that he didn’t want toterminate his employment. 31 They stated that they were unhappy with thelack of communication with the company. 32 The applicant explained that he responded toall correspondence from the company. 33 XXXXX then went on to explain that theapplicant should consider resigning. 34 XXXXX and XXXXX left the meeting to discussthe matter and look at the training agreement. The applicant asked if theycould provide a copy of the training agreement. 35 Upon returning XXXXX provided a copy theagreement. 36 The meeting went on to discuss the conditionsof the contract. Detailed below: a) Absenteeism:XXXXX concluded that he believed that the applicant had not breached this section. b) Terminationof Cadet Agreement – illness or injury: XXXXX stated he believed this had beenbreached. c) Inaddition it was again stated that the applicant couldn’t complete the sea timeunder the agreement, and was a breach under “Sea Service Phases”. d) Theapplicant disagreed under the heading “Expiry of the cadet agreement”. Whichthe applicant believed terminated the agreement when the final day wasphysically attended, and that the sea phase would be extended until therequired sea time was completed. e) XXXXXdismissed this on the grounds that he believed that sea phase expired when theentire intake were due back in October. 37 XXXXX then explained that his only option wasto recommend to the employer that the agreement be terminated. 38 The applicant acknowledged XXXXX decision,and explained that it was out of his control and that his intention was tocomplete the course. 39 The applicant explained that the last time XXXXXlast visited college, it was discussed that due to the first period of illnessthat the period to get the required sea time was limited, and that it may berequired of the cadet to delay returning to college to achieve the 12 months(Back Phasing). The applicant suggestedthat he would complete 10 week trips with less leave to try and prevent this. 40 The applicant requested that the option toback phase be made available in an attempt to resolve the matter. 41 The conclusion was that the company were notwilling to do this. XXXXX explained there were a large number of applications,and he would prefer to offer the position to new applicants. 42 The meeting then discussed a conversationthat the applicant had with a lecturer at the college. In which it wasexplained that the applicant had discussed the options available to him in theevent that he decided to leave the training programme. 43 XXXXX then concluded the meeting that hewould recommend to the employer that the contract be terminated, and that theemployer may require another meeting, or they may just terminated theemployment, and seek redress of the 29 days negative leave. Following the meeting 44 A letter was received on 14 April 2012 fromthe employer, XXXXX. The letter explained that the agreement would beterminated immediately and explained the reasons. The letter allowed the rightof appeal. 45 An appeal letter was sent dated the 19 April2012, and was first class recorded post. 46 The letter was received on the 24 April 2012. 47 A response was received on a letter dated 27April 2012, stating the appeal had arrived too late, and would not beconsidered. Unfair Dismissal 48 The applicant claims that he was unfairlydismissed and that the employers acted unreasonably when dealing with the matter.; The applicant claims, 49 The employer failed to follow procedures and ACASguidelines. 50 The employer failed to provide any warnings,verbal or written. 51 The employer failed to advise himsufficiently of the company’s grievance and that it was unfair to suggest themeeting was to discuss returning to work. 52 The applicant was unaware the meeting couldresult in dismissal; and was therefore unable to prepare adequately. 53 The employer failed to consult adequatelywith the employee regard the long-term sickness. 54 The employer failed to investigate the illnesssufficiently either by way of obtaining a medical report or otherwise. 55 The employer failed to provide any noticeperiod. 56 The employer failed to deal with the appealadequately. a) Thetermination letter took 3 days to arrive. b) Theappeal letter was sent 5 days later. c) Theappeal letter took 5 days to arrive in Guernsey. Thereforeeven if the appeal had been sent on the day it was received it would never hadarrived within the specified time limit of 7 days from the date of the letter. 57 Theemployer failed to make reasonable adjustments.

Ok i am filling in the defence form, and am stuck on question 6. "Do you intend to apply to the court for an order changing the terms of your loan agreement (a time order)?" There is no repayment plan agreed between the parties when the nil payments ended so i don't know how to answer.

Can i request that the person who set the agreement up, be present in court. As he is obviously mis informing his solicitors & they do not know the what they are writing.

The reason for the arrears is that i used the mortgage to purchase a development plot. The agreement with yorkshire bank was to provide an overdraft facility for 12 months in which the interest would roll up. after the purchasing the development property there were complications regarding an indemnity policy for a covenant, & in which i found out i do not have cover, nor can i get it. Which in turn prevented the finance for development with natwest. As this was going to be my employment i had no work, and could not make payments to the account. The legal issues regarding the land is currently in dispute between solicitors. I have just started a contract last week(as i am self emplolyed) Which will pay me enough to cover the interest on the account & proberly about £50 - £70 towards the arrears. I did write to the solicitors and explain when they demanded the full amount that i was unemployed and could only pay a tiny amount and i would contact them when i found employment. The court papers obv arrived before i had chance to inform them. The property has been on the market since the beginning of the agreement & is priced to sell. I also noticed in the POC in section 5(b)(v) it states "the bridging facility was for a period of 4 months and the defendants agreed to repay the total amount outstanding under the facility following the sale of the property" The property has not sold as of yet. The POC are also not truly honest, The origional offer was not taken out and the agreement started in November. The increases in the facility were not requested by myself but were done by yorkshire bank to allow the interest to be rolled up as agreed. The overdraft was for £375,000 in november the ammount borrowed was 360,000 which allowed 15,000 for interest. Yet they stated in 12 months i would need to repay £405,232 - there for the limit they set would never cover the interest for 12 months. Yorkshire banks response to this was they did this & reviewed the account every three months to increase the limit. This is where the increases in the account occured. If there is anything else you would like to know please ask. Thanks

Ok i uploaded all the information they sent me. Repossesion pictures by droddis - Photobucket

The form title sent is Claim for possession of property. They have a legal charge on the property. I am unsure of the type of mortgage as in some places it just says mortgage and others it says an overdraft secured by mortgage. I will start to scan the POC now but there are a few pages so may take a while. We have no CCJ for any debt regarding this. The amounts involved are in excess of £390,000. If you require the exact amount i can PM you with this. Do you need the contracts that are attached to the POC as well?? I have also noticed under grounds for possesion it is stated as other and is "failure to pay sums due under a legal charge when demanded". Thanks