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ms_smith

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Everything posted by ms_smith

  1. Now, all the above I wrote will have little merit and chance to succeed if you will not establish in the beginning of the appeal meeting whether the school is approving staff parking among local residence should local residence be happy with them parking nearby. In other words, do you and your wife have impression that should the local residence be happy with staff parking nearby, the school is ever happy with that as well? Read the school's grievance policy and who will be chairing the appeal meeting - whether headteacher will be just the witness - because, again, if they say they don't mind staff parking among local residence should locals don't mind, it will be easier to argue that the time they gave your wife to find a new parking spot was clearly unreasonable. From their response "too little too late" I can draw conclusions that they don't actually mind... So there is a chance you will circle the school around if you play it properly...
  2. I shall warn you that THEY might rightly be annoyed when OP's wife will kick off for no reasonable reason. Do you know those governors? Do you know what they are doing apart from being governors? I am asking because, just to give an example, I know at least one employment judge who happens to be a governor for a local school as well. So calm down and be patient. The case is about to be heard by not the street walkers who have got plenty of time on their back. Sometimes it simply may take time to complete certain process so as to all the neccessary people's diaries could cross at some convenient point. If I were finaldj's wife, I would use this time and my own energy to concentrate on defence, reading the comments in this thread as well so as to form my view.
  3. Well, there is this issue with a free speech right, both at the workplace and outside of working hours, which include facebook. But even though you may use the words you consider neutral and obvious to yourself, they may always be misinterpreted, if unclear, and taken as malicious. The fact that it happened outside of working hours, on facebook, doesn't matter - if objectively considered by a third party as potentially malicious, they may constitute bullying to a work colleague. Can you cite here what you posted please?
  4. Start thinking about a written grievance against this manager. Make sure you have those documents in hand.
  5. Hi, I think I would edit the comment in question and make it properly clear that you only mean the spitting image of a face. Otherwise, I am not surprised he was saddened. Apologise and ask if editing the comment to a proper meaning will be OK with him. I can't see why being told the same, clearly, but by a stranger holding a newspaper in the street would mean he was offended and shall report a matter to the police, etc. But! There IS a difference between being told "you look like this rapist" and "gosh, your face is the spitting image of this rapist's".
  6. Hi, OMG, seems like you have a proper psychopath as a manager! An employee can only be given disciplinary warning if any of the company's policies or regulations were not obeyed. You need to tell us exactly what was the issue of difference of opinion, if it concerned work targets, objectives, etc.
  7. Let's try to crack on this issue: what is sure is that the school didn't treat her differently than any other non-teacher holding position employee when asking everybody in question to remove their cars from alarmed residential parking spots. Otherwise, is it really reasonable to expect that any school should allow other (non special needs pupils associated with) teaching assistants to pop out to sort parking issues? Further, had her car anything to do with the fact that she was taking care of special needs pupils such as it formed crucial part of the teaching process she was constantly or regularly depending on and that there was a difference, in this respect, when compared to other teaching assistants and their pupils? If you decide to go on with this special needs defence you would need to show and prove that the school normally allows other teaching assistants to pop out to sort out parking space issues. Rather tough defence, to be honest. There is no difference between leaving special needs kids and those of no special needs without a care - in either case they shouldn't be left alone. So: no, I think it is stretching the law a little bit to say only her among other assistants, as a teaching assistant to special needs pupils, was entitled to a parking space because of her particular job. By way of personal comment and on the above grounds, I find it odd, in general, not to allow all teaching assistants park near the school knowing they all may carry bulky teaching aides from time to time. If the amount of space is a problem (that there wouldn't be space for everyone), there is always a number of other, less detrimental solutions, I believe - calling the Union for support being the first step. Actually, it wouldn't be a bad idea to raise this issue during that appeal meeting as well, knowing that there will be a number of governors present, but make sure, finaldj, that the-unreasonable-time-to-find-parking-spot aspect will not be overshadowed by it.
  8. I can tell you what I think right now, madari. Even when bought on-line, it is bloody too expensive!
  9. Hi everyone, As mentioned in the title, I need a good piece of advice on publications available along the book market that are worth buying. I know that in terms of employment law, Naomi Cunningham Employment Tribunal Claims is ingenious. What about civil and criminal courts? I wish to sue my former employer and a few individuals for harassment and stalking and I am confident that I have enough evidence to support it, gathered since my resignation and owing to ET proceedings (still active). It is just that technical aspect of issuing a claim, what before?, after? or next? that I would like to become more familiar with. I appreciate any advice on how to get a lawyer, thanks, but that front has turned out to be catastrophic in the past, together with the fact that it seems to continuously convince me even these days that I may understand someone's case better to defend them (a matter of fact, actually, proven record) than a trained solicitor. What books would you recommend? Perhaps you have any to sell but which still are of current legislation? Any other practical advice also greatly appreciated in advance. Many thanks. xxx (I have posted this thread in employment section of the forum as well, some of you have noticed by now)
  10. Hi, I am a human rights activist and I have recently found a flat I am happy to rent from a private landlord. However, there is an issue that I would like to have a separate letter box installed for my correspondence as I will surely receive some correspondence from the courts (suing former employer). All the letters are coming through the main door hole otherwise, for 5 flats altogether. I was happy to cover the costs of a letter box myself and it seemed just a formality to ask the landlord about it, through the agency. Then the agency woman asked me why I would like to have a separate letter box, I said I am also a part-time student and it just seems proper to make sure my correspondence doesn't get lost. A few hours later she says she called the landlord and informed him about the above about me but the landlord refused to proceed with my application for the flat, without a particular reason. Can they do it, as the landlords, if their only concern should be if I pay on time and behave properly around the property? I work full-time, as well. What do you think?
  11. Do not listen to him, finaldj . The more we can read about your case, the better picture we have of your attitude as well so that a strong defence can be built by eliminating any of your wrong reasoning so that it doesn't clash with any final arguments we propose.
  12. Yes, 18 months of warning seems quite strict but any court, I reckon, would find it reasonable for any school to apply it since those teachers and teacher's assistant bear utmost responsibility for kids foremostly, should assistant's or teacher's conduct hold worrying cracks in attitude towards their job.
  13. In any event they will say it is not strictly related to your wife's case. Also, you would need to show that the school knew about other staff parking where they shouldn't but didn't do anything, in comparison to your wife's case. That might be very difficult to prove and unless you have anything to prove it right now, you risk antagonising them against your wife's case. There will always be someone who will break the rules in the meantime as for the parking but that is down to them to deal with it. I know, it is very irritating because some may be very lucky to get away with it completely. Again, concentrate on your wife's case. Good luck and keep us informed.
  14. Hi finaldj, I am a human rights activist with proven record of successfully won cases against big companies and here is my advice: I think I would concentrate, with any defence for your wife, on arguing, during that appeal meeting, that given the time they gave her to find any alternative parking spot - from 7 November (suspension) to 11 November (meeting date) - that it is not a reasonable time (knowing that a reasonable approach is something every employer is bound by law to restrict any time-disputed issues as well to) to find a secure but foremostly convenient for any residents around, parking space. That was not even a week! Since they themselves, the school, stress it out how important it is to maintain good relations with residents being the face of the school, I would simply fight back with exacty the same argument and see what happens. Forget about other evidence you have, they may rightly dismiss it. Concentrate on this aspect of having found parking space and informing them about it on 18 November while they ignored it completely, given the circumstances. Naturally, your wife, as anyone else in those circumstances, was traumatised by experience that her car was damaged 3 times in the past having parked randomly and that she received a verbal abuse while it was clear and confirmed by the police that she did park legally, so it would take anyone in this kind of situation more time, courage and caution to search for a new parking space along residential space, which she managed to achieve and informed the school about on 18 November. Make sure she brings this subject up at the appeal. Otherwise, they won't guess themselves that these are, in fact, mitigating factors.
  15. Hi everyone, As mentioned in the title, I need a good piece of advice on publications available along the book market that are worth buying. I know that in terms of employment law, Naomi Cunningham Employment Tribunal Claims is ingenious. What about civil and criminal courts? I wish to sue my former employer and a few individuals for harassment and stalking and I am confident that I have enough evidence to support it, gathered since my resignation and owing to ET proceedings (still active). It is just that technical aspect of issuing a claim, what before?, after? or next? that I would like to become more familiar with. I appreciate any advice on how to get a lawyer, thanks, but that front has turned out to be catastrophic in the past, together with the fact that it seems to continuously convince me even these days that I may understand someone's case better to defend them (a matter of fact, actually, proven record) than a trained solicitor. What books would you recommend? Perhaps you have any to sell but which still are of current legislation? Any other practical advice also greatly appreciated in advance. Many thanks. xxx
  16. BigBuzzard, I think the majority of lay persons in law would say the same about judges and the whole justice system - we always hope they know better, best and all. Meanwhile... I have been through this process myself and was, indeed, hugely misled by this "promise" that non-represented claimants will be given a leeway. In reality, if the other side, with huge legal firm behind, was asking tribunal, let's say, for a permission to amend the claim at a later stage, they would be given the same consideration as would unrepresented claimants! Also, in reality, this whole "you will be given a leeway" means "you are not a legally trained person, therefore we assume you must be rather wrong BUT suit yourself, it is your claim, not ours". Cruel, indeed, and I tell to myself that there are some human approach motivated judges out there who will give a hand to unrepresented clamants. All I can say though, from my own case, it came out during CMD that a regional employment judge didn't know what a letter to the editor is (you assume that those judges are also life experienced people, isn't it?) but well, there is no reason why unrepresented claimants shouldn't adopt a balls of steel attitude towards judges, apart from the respondents, as well... and dig the law themselves!
  17. Yes, you're right, actually... Have just read they can, in special circumstances only, impose higher amounts to pay.
  18. First of all, if any amount of money they can ask you to pay is the maximum cap which is 10,000. Otherwise, only claimants who had representation pay any other additional costs they endured throughout the process (such as costs of their own lawyers). So, again, in your case it may be only that maximum of 10,000 Pounds. May - if you don't appeal successfully. Hm, sorry to hear you have lost, anyway. Any idea why? Fancy giving us some details what has happened that led you go to the Tribunal? Regards
  19. I remember "three or four" guests complained about me, according to my manager, a few years ago... When I asked specifically what I had done or said that made them upset, the manager wasn't able to substantiate the complaint. "I was just rude" - what kind of a manager would take such a complaint seriously? C'mon, some people love to "complain" so as to get a discount...
  20. You sound very reasonable. Are they saying you will be dismissed or...? At what stage is it all now? If so, why do you think they may want to bully you out from work? Any personal animosities? In any event, they need to give proper account of what was being allegedly complained of.
  21. What kind of customers you are dealing with, meaning: what sector, what industry, what you were exactly told so far?
  22. Well, apart from the topic of changes in 2012, now you know... It worked for me because today I have in my hand a document where they confess they forged protocols! Who knows if I had it at all, if I didn't have to pay the bond, put all my cards on the table straight away during PHR and their lawyers would sift all the papers more thoughtfully... Anyway, my case is still going, it is on the appeal stage, as it should, because the hearing itself confirmed part of my Claims - not a British woman (I had the judge and one of the lay members in the panel) should ever get down to assess my case... Sorry, it is obvious bias due to strictly my case details... Hope you do not make too hasty conclusions that I am a racist or so... Speaking of which, can you guys recommend any good guide book for civil/county/crown court claims? I have to sue them for stalking... Do not plan to get any lawyer because the one I initially had for ET, ruined my case in a way... It is OK, caducea, I understand.
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