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Everything posted by colin813

  1. Would a defense be that spreadex failed to follow their own dispute rules and therefore haven't followed court protocol in trying to resolve disputes? Can I ask the judge for an adjournment pending the findings of the fos
  2. Hi jasper the company is spreadex and if you search for their customer agreement you can find it on line.
  3. sorry for the format for some reason it wouldnt let me space my paragraphs. hope you can still understand it
  4. Just an update. There is also an indemnity and liability clause in the customer agreement which states , you will indemnify, protect and hold us harmless from and against all losses, liabilities, judgements, suits, actions, proceedings, claims, damages and/or costs resulting from or arising out of any act or omission by any person obtaining access to your account by using your designated account number and password, whether or not you authorised such access.The company issued me a Final Response Letter saying its your account your responsibility and further added if you are still dissatisfied i have the right to refer this matter to the FOS. I replied informing the company i will be doing that. Didnt have time to send all documents to the FOS prior going on holiday. I am now in receipt of a claim form from the commercial court, included is an acknowledgement of service form asking if i wish to admit or defend the claim.I spoke to the FOS today regarding the company and the use of unfair contract terms, FOS said i should send all docs asap and ask for fast track.Now my problem. i cant get legal aid because the debt is from spread betting (gambling) clearly the costs of the companies legal fees will be huge if i lose. I couldnt possibly argue the rights and wrongs about unfair contract terms in the high court. So im stuffed!!!My only hope is the FOS, and you guys. Im nearly upto my 14 days to respond then if i defend the claim i have another 14 days to issue a defence.Would a defence be the company hasnt followed protcol by following its own internal complaints procedure and ask for a stay pending the FOS findings?Any other advice most welcome
  5. Hi rebel thanks for the quick response. I have a spread betting account which was used by my partners son whithout my knowledge, my account went from 69k in credit to 41k in debt over a 48 hour period. I explained to the company what had happened and they are just sticking to a rule in the handbook that states - when you you access our on-line trading platform you will be deemed to have authorised all trading activity.
  6. Hi Im currently in dispute with an alleged debt, i have made a complaint to the company which i have now recieved a final response letter. The letter says if im dissatisfied i can refer my complaint to the fos, however in the sentence prior the company suggest i contact them to discuss repayment to prevent legal proceedings. Question Can a company still proceed with legal proceedings if the account is still in the dispute process ?
  7. Hi Can anybody point me to the relevent law regarding age on spread betting? Spread betting is regulated by the fsa and enforced by the financial markets act, however i cannot find any reference to the legal age. Is spread betting also covered by the gambling act 2005? regards colin
  8. Evening All I recently represented a friend at a disciplinary hearing. My friend had a written warning. An appeal was lodged stating that the hearing was unfair as the processes were not followed No written notice of the misconduct, not given 24 hours, the warning was issued prior to being notified of the misconduct also the expiry date being incorrect. A letter was sent to my friend saying sorry for the process errors and that a new disciplinary hearing will be arranged. In 16 years this is the first time the company has wanted to hold another disciplinary, In the past where process were not followed any warning has been removed. We have a new pm manager who is tring to make a name for herself. Any thoughts please Kind Regards
  9. As previously suggested you should not react and report all incidents. However in the real world this rule is not always possible. When you attend your meeting Wednesday explain the circum stances that led to your conduct, your manager should look at all circumstances and hopefully mitigate your behaviour. Just tell your manager how it was – handbags at 10 paces and suggest to your manager a disciplinary is not appropriate in these circumstances, as you have now made the peace with the other person. As a suggestion I recommend you try holding out the olive branch and try to make peace with your work colleague informally
  10. Legal privilige is between the solicitor and their client basically this means all communications between solicitor and client will remain between parties unless the client decides otherwise. Have you any legal advise? If you are not in a union maybe check your home insurance or car insurance for cover relating to legal expenses. Have you spoken to your local cab ? If you havent legal cover it would be advisable to contact your local cab
  11. Brandon When you start employment you sign a contract. One of the provisions of the contract is your hours of work. However since the introduction of section 80f of the employment act whereby this act allows an employee to request a variation of the terms in relation to the hours worked etc as long as the employee meets the eligibility criteria. Indeed once granted the proposed change becomes a permanent change to the terms and conditions. However like SareEl pointed out. The business needs of the employer will always come first. Though what you may deem a permanent change the employer will always have the right to change contracts as per business needs. You are going in the right direction ask the employer how the hours you work impact on the needs of the business. There are other legislations that may come into play if the employer cannot` justify any business reasons and try to impose a change.
  12. Emmap, Have you already had a cmd? If so one of the orders would have been to agree a bundle by xxxx date. If you have had an order to agree a bundle and cann`t agree such bundle then you should inform the tribunal office. You can do this by telephone, However the office will need you to confirm your concrerns in writing, you can do this by e-mail. Let the tribunal office give you directions regarding your concerns. At all stages keep the tribunal office informed
  13. Emma phone the tribunal office, inform them you cann`t agree a bundle. The office will give you directions on what to do next
  14. Could some one please tell me when a diciplinary apeal decision is official. All decisions are official My partner was dismissed for Gross misconduct, she requested an appeal which has upto now gone on for three months and 5 meetings with the company, herself and her union rep. The last meeting they had, the verdict was that the company upheld the original decision and that she was to stay dismissed. Was this meeting the final appeal stage meeting? She submitted her ET1 form, as there were a lot of ACAS and even the companies own procedures not followed (admitted by themselves in some of the meeting minutes). They now have been back in touch with her as they claim they have found some more incriminating evidence against her. She reminded them that in their last meeting that THEY upheld the original decision (as witnessed and noted by her union rep). But they are now saying that they certainley did not give a decision. Was the appeal meeting adjourned for further investigation? and unless she comes in to talk about these other anomolies (absouloutley nothing to do with the original dismissal charges), The company cannot raise further misconduct offences that are not relevant to the initial charge they cannot send her the minutes of the last meeting. Write a letter send by recorded delivery asking for the minutes. If the company still refuses they will have to forward them as part of the disclosure bundle Its all getting confusing. We now dont know if the appeal process has finished or still pending Only your partner will know the answer to this. You may write to the union rep and ask for written confirmation of their understanding of the appeal meeting. However if there is some confusion to whether the meeting was suspended or concluded it is in your partners best interests to attend a further meeting. If the employer raises further issues, your partner should decline to comment, as the issues are not part of the original misconduct charge. It would be of great help if you gave further details of the misconduct and the subject the employer wishes to raise
  15. Evening SarEl You never know when the disciplinary hearing does take place dariusman31 could point out that the final warning has expired he may get lucky
  16. As you are already on a Final Warning and again are facing a disciplinary sanction your chances of keeping your job are slim. The way I see it you have 2 choices The first is to try and mitigate your conduct. As you have already given a statement you may find it difficult to add to the original version of events. This approach would depend on how good your relationship is with your employer. The second approach would be to declare yourself unfit for work, the reason you give for declaring yourself sick should be well thought out and lasts until your current disciplinary warning expires. The workplace could be a dangerous environment and all sorts of accidents can happen. You should take care when lifting or stretching you wouldn’t want a strain. Oh and be careful not to trip, slip or fall. Wink wink
  17. 1) What happens if my employer does not make any work place adaptions. Unfortunately you will remain on sick leave until you or your doctor declares you fit for work. A fit note is just a recommendation, your employer can make an adjustment or not its a choice for your employer and not your doctor 2) Am I under any responsibility or liability to stop work to reduce any pain incurred. (Am I under any duty to mitigate my problem) If your problem as you put it is making you unfit for work you should take all reasonable steps to get yourself better. This is for the benefit of your own health 3) If no adaptions are made by my employer am I unfit for work You are already unfit for work 4) Is there a time limit of how long my employer has to make adaptions If your employer is willing to make an adjustment to help you get back to work. You and your employer should agree any timeframe around such adjustment. It would be of benefit to you to maybe ask for weekly reviews A good starting point would be to speak with your manager or somebody from HR inform them of your eagerness to return to work and ask for support to enable this to happen. If you discuss what you can and cant do your employer maybe able to accommodate your request and help you return to work. Good Luck
  18. Again thanks for your responses afterall this forum is for open debate. There is a guidance that concerns the defination of disability in the Act. Section 3 of the Act enables the Secretary of State to issue guidance about matters to be taken into account in determining whether a person is a disabled person. This guidance does not impose any legal obligations in itself, nor is it an authoritive statement in law. However, section 3 (3) of the act requires that an adjudicating body which is determining for any purpose of the act whether a person is a disabled person, must take into account any aspect of the guidance in which it appears to be relevent. In order to be protected by the act, a person must meet the Acts defination of disability. This meams in general a - the person must have an impairmrnt that is either physical or mental b - the impairment must have adverse effects which are substantial c - the substantilal adverse effects must be long term d - the long term substantial adverse effects must be effects on normal day to day activities You will need medical support that you meet the above, being diagnosed with depression isnt enough. If you dont like what i say vj you need to seek legal advice to clarify what you believe in. Im sure our resident legal eagle will be along soon to put her view on this post. There is no need to beed rude vj or assume what i say is an attack on you. The forum is for open debate, if you dont like the response dont post in an open forum
  19. Thank you for the link vj Harassment - Doubtful one phone that you did not agree with does not constitute harassment Can you prove everything you say regarding the comments made - if not will a tribunal side with your version of events against your employers version of events - good luck with that one Depression in your words clinical depression. Depression is not a progressive condition and not automatically covered under the dda. If you are saying that depression is causing an adverse effect on your normal day to day activities, memory etc then I hope you can give evidence to this effect, the tribunal will need to be satisfied that one of the capacities are met. Again a company has the right to manage sickness and absence as they see appropriate and in accordance with their sick and absence policy. What do you expect them to do? What have you asked for? OH - What is stopping you asking for a referral to see the Oh? Your grievance wasn’t delt with in accordance with your companies grievance procedures. The legislation regarding the sgdp was repelled in 2009 and have been replaced with a code of practice. A grievance procedure is a contractual right, are you going to sue for a breach of contract? As there is no financial loss I think not. Good luck with whatever you hope to achieve
  20. 1) Harassment from another employee while absent A welfare phone call is not harassment the most you could hope for is an apology 2) Intrusive questioning from employer while absent An employer has a right to ask questions regarding any period of absence. You are contracted to attend work if you are unable to attend work the employer needs to know why and how long your absence will be. This will help them determine whether or not you are capable of work. Sickness is not a given right it’s a benefit if your employer allows absence through sickness 3) Discrimination in not allowing formal grievance procedure to take place earlier & the company not making reasonable adjustments to allow such a meeting to take place If your employer has not followed their own procedures in handling your grievance then this maybe an oversight. Your employer doesn’t have to listen to your grievance though it is best practice too. Your employer has not discriminated against you nor have they failed to make a reasonable adjustment 4) Not arranging Occupational Health support to take place upon return to work Your employer is not obliged too, Is your depression caused by work 5) Counting absences related to mental health disability within the absence score and giving me official warnings for them If you are absent from work your employer has a right to manage absence. Just because you have been diagnosed with depression doesn’t stop an employer managing sickness. 6) Causing unnecessary stress thus exacerbating my mental health condition What would you hope for in the way of a desired outcome - An apology
  21. Hi kellybird Your husband was dismissed for leaving work premises to attend family problems. Did you husband inform a manager he needed to leave work due to a family emergency?
  22. Emma if you are correct and believe you do not owe this money you should make an appointment and go see your hr department in person. Expalin your findings and if you are wrong they can tell you why you are wrong and give you a better understanding of how your pay is calculated. The fact a debt collection agency has been tasked to reclaim this debt suggests that this debt is an outstanding debt and you have ignored the companies requests to make arrangements to repay. Emma if you owe the money then it is in your best intrests to repay or make arrangement to repay. The consequences of not paying you may be taken to court, you will have court costs to pay and a judgement registered against your name.
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