Hi The WTA is contractual only in itself, it hard to understand why your employer has added this to their contract. As it is enforceable on both you and the Employer without any recourse to a contractual term. You can't be made to sign anything that would enable you to work more than 48 hours unless you want to, as such a decision would not be enforceable [in the case of requiring you to work more than 48 hours] in law. Moreover if they did that would be grounds for walking away from your job However that aside i think Sidewinders advise is good here. Think about yourself and your future? £9.05 not a good overtime rate? i know workers who work a lot more than 48 hrs a week and only get minimum wage for what ever hour they work. Upsetting your employer with a cack handled refusal to do anything is always not the best way to make friends and influence people. Have a chat [as above] with said employer and try to get to the bottom of why they are doing what they are doing. Moreover if you have issues that would preclude them springing overtime on you at the last minute they you can have the chance to let them know in advance?

Hi Appeals are independent from the DWP and JCP, which is why 40% of all appeals are upheld and up to 70% when the customer is assisted. Ask the Judge if you can speak for the Customer (edit) Don't panic and think positively I have been waiting for 17 & 12 months for my two appeals and no sign of either of them surfacing this side of Easter.

First the Car, i can drive and my wife helps me and out of the car which is automatic, also the seat has a cushion fitted that inflates and turns. No they wont let me have a second WCA which i requested as the problems of my toilet and temporary paralysis has occurred since my original WCA [ i figured that they are refusing a second WCA is that my points value would go up to around 45 and as i have no control over voiding my bowels that would a definite no no for ability to work etc]. I am also the person who cost the DWP millions in changes to their procedures because of my complaint to the Information Commissioners Office last year, which i won and has cost them loads to put their systems right. So i dont expect them to agree to anything i want. No my own chair is not an upright its is a recliner armchair fitted with two motors, and no i cannot get upright from a normal upright office chair. If i am in my motorized scooter i can travel to a loo but cannot use one due to my inability to get up right and transfer myself to the loo, afterwards i am unable to clean myself. I also cannot get out of my scooter unaided

This is all good stuff Sadly the Chief medical officers has advised that the getting up from a chair is not relevant to the workplace, this is planned to reflected in changes to the ESA2008 act. However on the good news front my claim for ESA was made before any proposed changes so any new changes do not affect me However it does mean that my Toilet problem has more resonance than my getting out of a chair.

Hi Some HPI checking companies also have insurance of they cock up, worth checking the docs for the HPI check

Hi Its also an offense not to notify the DVLA of a chnage of address to your driving license

Hi I have just received a NIP which says that either my wife or me had jumped a red light in our car The letter was dated 16th December 2010 for an offense dated 13th December 2010. As i was the driver my wife will be returning the form by record delivery on the 15th January [27 days after the nip was issued. So far so good. However we are about to go abroad for in my case until July 2011 [8 Months] and we intend to put a letter in the NIP telling them that Given that they have to prosecute these things with 6 months of then being committed, by my warning them I am going away does that stop the clock? Or will the time expire because I am not in the UK I have to write to let them know as there will be nobody here to receive any letters they send us. So fa

Hi The best guide to any medical assessment and how it affects you are the Employment and Support Allowance Regulations, as these will become the standard for all Medical benefits in future. As for a self help guide well you at one the moment, have a look at previous questions and you will soon pick up hints and tips. As for your own condition is there no self-help group in your area?

Hi If its fair why is it under review? EDIT s**m dont live in the real world Atos are the Quislings of the EDIT world

Hi Yer i figure that but the DM is very sure of him self. I did find the latest Chief medical officers advice also refers to 'without receiving phsyical assistance from somebody else' and that was dated August 2010 Sp i suppose i will have to wait until my appeal in the mean time i have to travel to these useless Working link interviews where they turn their eyes to the sky when i 'walk' through the door as they are expected to get me into work. I also think i have scored another 15 points for my Toilet problem which is probably why the DM wont let me have a second WCA?

Thanks everybody Have to say that my problem is more technical than not scoring points i have enough points. But the DM has said that because my armchair at home [i was WCA/medically assessed at home] has an electric motor and i was able to push the buttons that means i have no problems in standing up or sitting down [oh and move to a second chair, even though the second chair would also have to be fitted with a motor]. He is infect saying that the word Something, which is what a chair motor is has the same meaning as Somebody [which i take to mean a human person and is the word used in the regs in terms of assistance]. I need to find out what meaning the regulations under law have given to the meaning of the word Somebody i.e. is it meant to be the same as something or visa versa [the OED has listed each word as having a separate meaning]? As a result of the DM's decision I am in the WRAG group and feel that i should be in the Support Group? I have also asked for a second WCA on account of my condition is now worse [toilet habits and paralysis] siting DMG 07/10 para 14 [i sent them a copy of the DM Guidance. but they wont let me have one and say that any second WCA is discretionary at the interpretation of the DM [apparently under Reg 31 & Reg 14] I do like the notion that an adult nappy is a receptical and of course don't stop me voiding my bowels and having to travel around for the rest of the day with a nappy full [i can get dressed unattended or unassisted or wipe my bum at the moment] I found this when looking at the regs to describe sitting standing etc Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. (15 points) They appear to have given me the points but then told me that i am in the WRAG because i got out of the chair with my motor BTW the DWP wont write to me anymore let alone answer my questions

Yes they can. that's when the problems for an employee come in, as the law requires you to be flexible, which is why you have to ask your employer to explane the justification etc. Changing working hours may not be as simple of benefits to the business either [although it has to said what other reason can their be] they may have to make reasonable adjustment for a disabled employee for instance. That right would come above your right to have a flexible pattern of work:-(

Hi You can also cast a dispersion on the phrase 'there is doubt about your entitlement to the claim' which they will use in their letter when they tell you that you are being investigated [this is a standard letter and should not be read to mean that they are investigating anything]

Hi Its ok and thank anyway i eventually found what i was looking for Have to say that is a farce if the guy doesn't have any ability with mental Health issues then how can he relate what the op is telling him to a working environment

Yo dude that's great and well done I don't need any additional evidence as mine is about interpretation of the rules

http://www.theyworkforyou.com/

Hi No i recon that the DWP and the government have got it in for me anyway. I'm the guy whose FOI action caused the DWP millions to put right the cock up they made Besides which as you might have guessed my MP is a tory. The Tory answer to the unemployed is Concentration Camps But thanks anyway

Hi Ok you need to pin them down about an appointment time outside of your normal signing times [they also have to pay you public transport costs] You say that you work flexibly ok no problem, the JCP will have other people to see as well as you on a given day, ask for a day but not a time then you can pop in for the last appointment? Also your employer might be more willing to assist you with this than you think, have you asked them to vary the working hours so that you can attend the JCP, also flexibility is a two way street (edit) Does you local office have an early opening or is their a period of time in a given day that you are never asked to work?

Hi After reading this fantastic site and offering my own help, i have realized there is something i need help with. I want to check that the GP who conducted my WCA is qualified to deal with mental health issues, i have to fight my own appeal Do we have a Template letter and address of the GMC so that I can ask

Hi You get 6 months to apply for a job in your field [protected employment] after that you have to apply for any job that it is reasoanble to assume you can do [training to do a job is assumed by the JCP to be the responsibility of the employer]. So a retail worker can do office or wearhouse work but not drive a truck as they need a HGV licence to do so. Some jobs however do not come with automatic protected status, ditch digging road sweeping for example. If you are send for a job that is within 60mins by public transport you have to go [cost is irelevent] and show willing however that don't mean that you have to get the job or that an employer is required to give you the job and if your CV is bad its bad. Also an employer is entitled to say that 60mins is to far for a employee of his:-)

Hi I'v been waiting 12 months and 17 months, dont hold your breath

Hi I worked for the Job centre for 6 months as part of the recruitment campaign set up in July 2009 signing customers on. I have a Phd with my dissetation relating to legal contract processes, and a 4th degree in Civil enginering. Not sure to my about the staff being undeucated? Overworked under preassure to meet pathetic government targets yep uneducated no

Hi I have 2 esa appeals ongoing, my MP was sort of helpful whilst he was in opposition, now his party are goverment he dosn't want to know

Unless you appeal very little will be done. Chances are at the appeal you will win anyway Contact your local CAB for some legal assitance/advise.

Hi I have two ESA appeals oustanding one from 12 months ago and one 17 months old. No sign of a tirbunal date in ether case