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jonnycooper

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Everything posted by jonnycooper

  1. At the moment a decision does not have to be made today. You could try and negotiate a better deal for yourself. You could ask for bonus payments etc to be include. Whilst your employer may not agree, they might come back with a higher offer. In terms of tax, if you ask for any payment to be agreed via a compromise agreement it should be tax free (if below £30,000). Therefore, if you accept 6 months salary via a compromise agreement, you should be paid the gross amount and you will not be liable for tax. At least that is how I understand it...
  2. Is the real issue that weed is being smoked ? I am sorry and this is very much a personal point of view. If it doesn't stop you from sleeping at night, if it doesn't stop you from waking each morning or putting food on your table, what is the problem. In other words if it does not directly effect you in anyway whatsoever what is the actual problem. Yes he smokes weed and yes it is against the law but why is this a personal issue for you. From reading this thread it feels that your disgust at smoking of weed and the way you feel about how you have been treated are far more closer related than you may realise.
  3. Is your manager a he and your supervisor a she Sorry just making sense of he said she said If I am reading it right, the lack of respect would appear to be towards your supervisor rather than your manager, is that right ? If so take what sidewider said and just replace the word manager with supervisor
  4. I am not sure if this matters or not but if the discrimination occured or continued after 1 October 2010, wouldn't the questionnaire be under s.138 of the Equality Act 2010 rather than the DDA ? http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance/taking-a-discrimination-case/ "You should only use the forms listed below if the possible unlawful conduct in question happened on or after 1 October 2010 or if it started before 1 October 2010 but continued on or after that date." http://www.equalities.gov.uk/docs/NEW%20FORMS%20discrimination%20and%20other%20prohibited%20conduct%20JB.doc
  5. Have you considered submitting a subject access request for a copy of your file. Again they have I think 8 weeks (40 working days) to provide the information but with the amount of time it will take to progress to a hearing you have plenty of time. In relation to their response, it is hard to comment without knowing the details but personally I would provide the clarification they have requested for each point. I only say this because you can then demonstrate to the tribunal if it goes that far, that your employer has been difficult, were as you have done everything possible.
  6. I think this is the one Harper v Virgin Net Ltd [2004] EWCA Civ 271 (10 March 2004) Virgin Net Ltd v Harper [2003] UKEAT 0111_02_0907 (9 July 2003)
  7. Not sure if this will help but Mr W Al Jumard v Clwyd Leisure Ltd & Others UKEAT/0334/07 Appeal against Tribunal’s approach to compensation for injured feelings where there were separate findings of race and disability discrimination. Held that the Tribunal had adopted too broad brush an approach in simply fixing a sum without any consideration of the different forms of discrimination. Where different forms of discrimination arise out of the same facts, a single award for injury to feelings is justified. But where there are specific acts which fall into one category but not the other, they should be separately assessed. At the end of the exercise the Tribunal must look at the total figure in the round to ensure that it is proportionate overall and does not involve double counting.
  8. It is the hardest advice to accept but always the best kind of advice. Personally I would prefer someone to honestly say NO, than lie and say Yes just to make me happy. All that will happen is that I will be happy today, but disappointed tomorrow.
  9. Thanks FX, I have been a good boy and did not throw a strop... There have been further developments over the last week which are confusing and sadly I am unable to post them on this forum (employer monitors consumer forums).. Does anyone know of any good websites that offer reviews of solicitors. I need to find an employment specialist quickly, tried google etc and found several but I need a good one...
  10. This may be a very stupid question but I will ask it anyway. What about bank holidays ? My contract says something to the effect that I get xx annual leave days per year including Bank Holiday's. I understand the wording may be the defining factor. What happens if the time you are sick includes bank holiday's? As I said most likely a stupid question...
  11. I have not heard anything more.. We are considerably over the amount of time specified in my contract for a grievance to be investigated.. I am getting increasingly frustrated with my employer and have lost all confidence in them, in regards to their duty's towards me as an employee.. Sorry just needed to vent a little
  12. This is my own personal take. An employer or in this case an ex-employer will pay the minimum amount that they can. In this instance, as you have confirmed you have no interest in making a claim, your ex-employer has no need to make any payment to you. It is unlikely that an offer will be made off of their own backs... Why pay any money, when they don't have too ?
  13. Personally I would listen very carefully to SarEl. She shots from the hip and is very straight talking. I would agree with some of the other posts in that you should wait until you get back to work to find out what is going on. If you get a day off in lieu, doesn't that mean you get an additional paid day off, for working that particular Bank Holiday ?
  14. Thanks Teaboy I should receive the meeting mintues to sign off soon, so I will comment on those points when I return them to my employer
  15. Thanks Angelic I have added to my original grievance and will add more if I need to appeal. Hopefully this will just all be resolved in the coming days and I get on with my life..
  16. Hello FX Our grievance procedure has 4 different stages. The first is to raise it informally with your line manager. The second is to raise a formal grievance (where I am now). The third is to appeal, which means it will be reviewed by head of HR and finally stage four being ET.. Their was no mention of the government scheme, by either side. I still have about 6 six weeks left before I have to either accept any outcome or file a ET claim (based upon the last act of discrimination). My fingers are just crossed that this all works out ok, as before all this I really liked and enjoyed my job.
  17. Tams, with respect you will see a lot of common sense in SarEl's posts and countless people, including me have found them to be very helpful and insightful. The same can equally be said for HB's posts..
  18. Hello all Sorry this post will seem vague.. If something occurs during the investigation of my grievance, can I ask for it to be added to my grievance, as it is a directly related matter.. I have checked ACAS website etc but can't find anything about adding to a grievance once it has been made.
  19. Thanks Papasmurf and honeybee. I do still regret having to raise a grievance but I just didn't see any other way forward. Feel uneasy about how all this will pan out in the future but for now, all I can do is sit back and see what happens
  20. As SarEl has said the line manager will find out anyway. But if you really don't want the initial request to be made via this person, you could go onto the ICO website and do a search for the Data Controller for this company and send the request there.
  21. Sorry about the above typo's I have posted on my phone. I will edit it and correct it tonight
  22. Thank you honeybee I am on the train going back home after the interview for my grievance. It was relatively painless and held in a friendly atmosphere. Even though this was promoted to be an inital interview to enable discussion of my grievance and others are yet to be interviewed, it did feel the person holding the interview had already decided that everything is my fault. Some of the points made were that even though I repeatedly told my employer about Doctors appointments and test results, I did not specifically ask for reasonable adjustments to be reassessed. It was felt and said indirectly that my employer does not consider it has a responsibility to reconsider adjustments as my health changes and further diagnosis is made. The person holding the meeting appeared to have no knowledge of the DDA or the Equality Act. The feeling I have is that they feel that I should have challenged them, when they told me that they had decided that the medically advised adjustments weren't necessary, I did not tell what other adjustments they should make and I did not force the issue in relation to further reviews of the adjustments made or that could be made. I tried to explain that I was not a Doctor and had no training in relation to reasonable adjustments so I was not to know and that I relied upon them as my employer to know. I now have to wait 10 days to get the outcome. Not overly confident and will prepare myself to take it to the next stage.
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