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roddyn66

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Everything posted by roddyn66

  1. I signed a lease on a property that came with a 2 acre field and stables. The house has a warp around garden, but the two acre field forms one side of the property (it is all fenced) We have a 6 months lease, but agreed to sign a three year lease once we were settled. We had settled on getting a pony for the kids once the tree year lease had been signed. We checked with the landlord that we could bring our dog (1 year old labradoodle) and moved in. We moved the entire family a considerable distance After a week in the house the local farmers wife came and asked if they
  2. I have other posts on this matter, but need a bit of help I want to call several customers as witness's at an ET I have to provide the witness names and contact details at a Case Management discussion. Will i, or could I, be found in breach of DPA or compmnay rules by contacting these customers for statements. (They threatened me with gross misconduct during my greivence if i contacted third parties) I understand that the Et can disregaurd DPA or even ECHR where they believe that the evidence is required ofr a fair and equitable hearing Any tips peeps?
  3. MY OH has a claim into the ET for Sexual Discrimination and Harassment against her company. It has been rumbling on for ages now. We attended the PHR and to be honest I felt out my depth. Walking away from it I felt sure the judge was going to throw the case out. However when he issued his ruling from the PHR we dismissed all the respondents’ claims and allowed my OH to makes changes to her ET1 to better reflect her case. We got notice through for the CMD which is listed for 90 minutes this Thursday. We did have a lawyer already to go (he's a family friend) but his wif
  4. If it is anything like mine the other side will hand you a large folder of caselaw 5 mins prior to the meeting with the judge. Be prepared!! If it is Descimination then pay attention to which section of the act you have quoted in your ET1 i would suspect that there will be a lot of discussion around these points. They will not be looking at any 'avertments' or allegations only the law and how it applies. If you have any case law to quote make sure you have four copies. Timing of the incidents will be very important and i would reccomend looking at Drinkel v Pinisula Bu
  5. I need a little help with a constructive dismissal problem. After a very heavy grievence and appeals procedure, and then a PHR for the ET for Sexual Discrimination my Oh had decided that she can no longer work for her employer At the PHR new evidence came to light that the company had falsified more documents and 'adjusted' minutes of meetings to suit thier stance. Although the compnay has not admitted any of the allegations from her, they did substanuate the smaller items under a different catagory, and they offered her re-deployment. (surley if there were no cases to answer wh
  6. It's mainly got to do with dates of events. They were not clear enough for the judge. I want them to look at the totality of the behaviour over a period of time, rather than looking at isolated incidents. But them seemed to focus on that. I did have some caselaw on this Drinkel v Pinisula Business Services, but i didn'nt take it as i thought i would not have to argue caselaw. Ho Hum I don't think they will strike it out, but i have a feeling a deposit will be required.
  7. I went into my PHR with three issues on the papers Time Bar No chance of success Deposit and cost application I had prepaered all my paperwork and thought the events were supossed to be in laymans terms After being handed five legal caseworks 5 mins before the PHR hearing the clerk then gives me 6 pages of butterworths on ET law. The judge and the rep for the respondant hen enter into nearly 60 mins of legal discussion which i tried my best to keep up with, only for the judge to turn to me for my opion on the matter. Each time it happened the judge got a little mor
  8. I am representing my partner Can you explain what you mean by the chairperson waving this off? My challange to the vailidity of the evidence ie that it comes form protected conversations or the atempt by the respondants laywer to introduce it? i was going to site the following in defence framlington group ltd & axa framlington group ltd v barnetson and brunel university & schwatrz v webster & vaseghi any thoughts?
  9. No there are no grounds for a time bar at all, they say the last incident was on the 1st of the application for a PHR. But in 1100 pages of evidence there is no mention of an incident on the 1st, in fact there are three incidents that are discussed in great detail over three hearings all after this 'invented' date. They happened on the 3rd, 5th and 7th of the month. i have screeds of eveidence to prove this including the minutes of the greivence and the appeal ACAS have only been involved in an atempt to settle prior to the ET At no point in any communication with ACAS is t
  10. I have a PHR on shortly to dicuss a time bar on a sexual Discrimination case. The Respondants lawyer has lodegd papers that indicate the last event of discrimination was on say the 1st of the month that would time bar the application to the ET. They have submitted over 200 pages of lodgements that have no mention of an incident on the 1st of the month beacuse there never was an incident on that date I have over 1100 pages of information (which has been disclosed to the other side) and there is not a single mention of any incident on the 1st of the month. Thier lawyer has co
  11. Sorry the changes very much effect my position ans stregthen thier case
  12. I have a recording of the meeting, therefore my account is verbatum It was taken without the other parties knowledge, however i understand that i am covered by the DPA Article 36, as the recording has not been revealed to a third party. It is not also without precendent at an ET to present either a transcript in some cases a recording itself. However it's the role of the advisor i really need to question, just how much interference can they get involved in?
  13. I have just finniseh a string or meetings during a grievence/appeal hearing. At all of them, the compnay had a representative from an external HR company there. I was advised that they were there to take minutes and advise. When i reviewed my notes i have realised that they conducted part of the questioning, prompted on dates and order of events etc Is this fit and proper? Also is there and legal differnce between notes and minutes? I have just compared a verbatim transcript with the minutes provided and they are vastly different. I know that minutes are suppo
  14. I have a cliam into the ET. I have a PHR with the usual things from the other side: Weak case no chance of winning, seeking deposit, Seeking costs, Time dis-barr The time dis-barr has been checked many times by the ET, ACAS, Union and all agree it's fine. My question is regaurding evidence at the ET. At my initial compliant i had no represetative, and had problems with the minutes as they were skewed to the companies favour. At my Grievance i had a union rep At the outcome my rep walked out as i had taken legal advice re the ET and he could not represent me any l
  15. I have had an informal grievance hearing which i am not happy with, It took five weeks to complete not including a week before they started and it was a totally sham from begining to end. However they did uphold two of my accusations but refuse to tell me how they are dealing with them or what they will do to make sure that they never happen again. I lodged a formal grievance and it will now be held this week. Due to the company taking five weeks to conduct the informal and not being able to start the formal for four weeks due to holidays i do not think that the process will be
  16. I am in the middle of preping my formal grievience, can someone give me a little help with what the relevant legal acts are? What act and paragraphs would deal with the duty of care an employer has to provide to staff? What act and papargraphs would deal with a breach of contract due to a failure to provide a duty of care?
  17. I have a date for my formal grievience (finally after four weeks of waiting) I am complaining about sexual descimination , harrasment, bullying at work as well as the HR departments and managements responce The company have indicated that an outside consultant will be present along with the Managing Director. I have checked online and this company provide HR consultancy and legal employment provision to companies. They also provide ET Insurance. Are they allowed to have a lawyer present at my formal grievience? I feel that i am walking into the lions den armed wi
  18. If you have indicated to your employers that this customer is abusive and you have a clear record that they, and they have refused to do anything about it, then they are in breach of contract to provide a duty of care. I don't know if your condition makes any diffrence to the outcome at all. I would make sure that you record it in writing and that any abuse is witnessed by someone you know you can rely on. If the company is refusing to address your stress, and it could endanger your or your unborn child's life then they are way outside the 'fair and reasonable' definition used f
  19. Pay for a lawyer/PI to call and ask for a verbal referance, approx £50.00 Then hit them with a claim. Dating the bosses kids or thier pals kids is a bad idea. If you broke up so ambically, get the girl to speak to her mum and call the dogs off. If she wont do it, you did'nt break up well (just a thought)
  20. I submitted a questionaire form the Sexual Equalities Commission Today, I had my lawyer prepare it, so it's tight as a drum
  21. i think it's best at the moment to allow the compnay to keep making procedural errors. I am the compliant and as such they are ones doing all the running. At this moment i am off sick and i can't see how the company could dismiss or under what grounds
  22. I am in the process of a formal procedure, but will have to apply to the ET before this ends, due to the fact that the HR department have taken 6 weeks to conduct a pre-lim and have now indicated that it will take them another four weeks to conduct a formal (at least!) I have to register with the ET before the formal will end. Will the ET frown on this?, will it effect the formal, can the employer stop the formal due to a twin track approach? I need to send a letter to members of staff asking them to contact my Lawyer to make a statement. Does anybody have an outline
  23. I have been suffering severe harrasment at work. I am the only female salesperson on an all male sales team. Over the last 14 months i have subjected to a list of problems that all came to a head in Mid-May of this year. I left the office in tears after yet another bust up with my line manager, and called the compnay HR to tell them of my problems. HR were very caring at first and arranged a meeting six days later for an informal chat. I turned up for this and although i was led to beleive my husband could be present, HR would not allow him to sit in. I told HR of all the
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