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stu007

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Everything posted by stu007

  1. Hi Terry In that case I would write (recorded delivery always keep a paper trail) personally to the Chair of the Board requesting a meeting with him to try to resolve this issue otherwise if it continues you have no choice but to involve the police as this individual is also commiting a Breach of the Peace by his actions.
  2. Hi This is shocking behaviour especially since initially he was a Director irrespective of him being a volunteer he was a Director and also the Employer of all staff. He should have declared a conflict of interest to the rest of the Board and the Chief Executive. Also remember as a Board Member he would also have had to sign a Code of Conduct for Board member (remember to ask for a copy of that Code of Conduct. What amazes me is that when he was a director he was allowed to get away with his action against you. You have done the right thing requesting these document but I feel you may need to make a formal complaint to his present employer since he is using there equipment to send these emails and inform them of this persons conduct and that you feel he is possibly in breach of that companies electronic communication and security policy. What would make matters worse is if he is sending these emails from his present employer to your employer and if this is or has happened the you need to immediatley raise a grievance with your employer against the action of this other companies employee but get your evidence first before doing so. A good IT Team will be able to pull all that information even if they have tried to delete it as it will still remain on the companies servers and they can produce a a full log of all their activities. Something to note his action by doing this at his present employer is also bringing that employers name into disrepute by his action and is also bullying and harassment. Please visit ACAS website www.acas.org.uk If you are concerned about reporting this to your employer I would suggest doing this under "Whistleblowing" and if possible ask for a copy of that policy as it gives the employee whistleblowing protective status but you would need their policy. Now this is just me reading between the line from the first few line of your post when you refer to your position and the voluntary role of the Board do they have Charity Status. If you feel this individual is stalking you please have a read of this link from Scottish Government: http://www.scotland.gov.uk/Topics/Justice/crimes/harassment/stalkinglaw These may be of use:
  3. Hi All Well one thing that stands out to me is the appeal is part of the Disciplinary Process and the documents that were requested I find it absurd that the Employer wanted £30 they should not have had to pay this and did they give an exact reason for this payment? The accident/incident should have been recorded in the accident book and if required a RIDDOR Report completed and sent to HSE. They need to force this issue and get this recorded and I would also advise having a word with HSE about this. Have a look at this HSE link: http://www.hse.gov.uk/riddor/ You may also require to write to them (always recorded delivery keep a paper trail) and request the following documents: 1. Disciplinary & Grievance Policy and Procedure. (you want both and not what may be in a staff/employee handbook as this may be a shortened version) 2. Training Policy and Procedure. 3. Accident at work Policy and Procedure. 4. Health & Safety Policy and Procedure. These may also be of help:
  4. Hi lee786 Good news at last me thinks the backed down most certainly on you finding that original agreement but it does begger the question as to why the housing association did not have a copy of that original agreement and where has their copy went? mmmm Data Protection Act but for another day well done and glad its sorted and thanks for updating your post.
  5. Hi All To get the best advice to help you I think we would really need more information so you get the best advice. 1. How long has he been in his present employment? 2. A brief rundown minus any personal info of the lead up to the present situation to get a better picture of the circumstances? 3. What was the disciplinary for and did they request any policies from the company?
  6. Hi Ref SAR this info from Information Commissioners website may be useful: http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data.aspx
  7. Hi Seems like this guy has been going from one business to another have a look at this link; http://www.kewego.com/video/iLyROoafYgJI.html and check out the company under his name and all I will say is then do a domain name check. Wow also just noticed how old original post is!!!
  8. Hi As this is Scotland your Landlord would have to be registered with the Local Council as a HMO so check with them first that he is registered with them. While doing this ask which Dept deals with HMO properties and speak to them and explain the issue of the tenants room being uninhabitable and the reason and if it really is as bad as you say also Speak to their Enviromental Health Dept.
  9. Hi Right lets get started: Had you given then any authority/permission to leave that documentation where they left it whether by telephone call etc? Also when you eventually recieved the documentation had it been tampered with or were your details on full display for anyone to read?
  10. Hi Dizzyhenry If it is personal data that the company hold that has been used by and individual of that company them it could be classed as a Data Protection breach. Have a read of the following PDFs. If this was also done in front of your new employer them i could also suggest asking your present employer to make a complaint to your old employer of their actions but its only a suggestion.
  11. Hi lemon Sorry to hear whats happened and agree with all advice already given. Now if he is going to appeal this decision i would advise writing to the company (recorded delivery always keep a paper trail) and request the following documents. (NOTE not what is in a staff/employee handbook as this may be a shortened version you want full unedited versions). 1. Disciplinary & Grievance Policy and Procedure. 2. Training Policy and Procedure. 3. Termination Policy and Procedure. 4. Health and Safety Policy and Procedure. Now the one thing with these above to check when provided is that they are actually indate. (so check the date the policy was approved and importantly the polices review date). Have a good read of them and his contract and either mark or highlight everything that wasnt done or followed. One thing to note and i think you should ask ACAS on this is the posted letter on Fri you recieved it on Mon at 9.30am to late for meeting as they are required to give a minimum of 48hrs does this 48hrs include or exclude the weekend?
  12. Hi I would advise going through the place you work for but under your signature put: cc: (name of Person) HR Department, Head Office I would send the letter to the person responsible for dealing with you at present while off sick but would also sent a copy of the letter to the HR Dept at Head Office (named person) this way you are covering your bases so to speak.
  13. Hi Also from now if they contact you by telephone immediatley following the conversation by putting it in writing to the company with what was discussed and agreed to during the call. (Paper Trail). One thing to look out for in the sickness policy/procedure is if there are clauses that may lead to disciplinary for not following that policy/procedure.
  14. Hi paulamcb Something else I would consider is writing to the company (Recorded Delivery Always Keep a Paper Trail - Not By Hand unless they give you a reciept for the letter) and requesting a copy of: 1. The Companies Sickness Policy and Procedure (You want both not whats in an employee/staff handbook as this may be a shortened version). 2. The Companies Disciplinary & Grievance Policy and Procedure. (if this continues with them saying you failed to attend appointments then you may have to put a Grievance in)
  15. Hi Now the Bailiffs state they had a levy on that vehicle from October 2010 but were you ever notified of this levy before proceeding to sell the vehicle?
  16. Hi icklepoyser Will all my debts be included in my bankruptcy? Certain debts cannot be included in your bankruptcy, these are: any fine under the Magistrates’ Courts Act 1980; any obligation under an order made in family proceedings or under a maintenance assessment made under the Child Support Act 1991 (except an obligation to pay a lump sum or to pay costs); any obligation under a confiscation order made under the Drug Trafficking Offences Act 1986, section 71 of the Criminal Justice Act 1988 or under Parts 2, 3 or 4 of the Proceeds of Crime Act 2002; or a debt to the Student Loans Company for loans under the Education (Student Loans) Act 1990 or The Education (Student Support) Regulations 1998. This means that you will still have to carry on paying these debts and will not be released from them when you are discharged. This info is from the Insovlency Service Website here is the link: http://www.bis.gov.uk/insolvency/personal-insolvency/bankruptcy-what-is-bankruptcy/how-will-bankruptcy-affect-me Also are you still Bankrupt at present and not been Discharged? If you are still Bankrupt then you may have to inform your Trustee in Bankruptcy of this action to keep on the right side of your Bankruptcy.
  17. Hi Also found this information: What must a driver involved in a traffic accident do A driver involved in a traffic accident should stop whether or not the accident was their fault if:- anyone, other than themselves, is injured; or another vehicle, or someone else’s property, is damaged; or an animal in another vehicle or running across the road is injured; or a bollard, street lamp or other item of street furniture is damaged. If you have to stop, you must remain near the vehicle long enough for anyone who is involved directly or indirectly in the accident to ask for details. This could be, for example, the owner of an injured animal, a relative of someone who is injured, or the police. The driver must then give their name and address, the name and address of the owner of the vehicle (if the driver is not the owner), and the registration number of the vehicle. The driver may also have to report the accident to a police officer or at a police station, in person, as soon as practicable and in any case within 24 hours. This duty arises whenever the driver has not given their name and address at the scene of the accident, whether or not they were asked to do so. If any personal injury is caused to another person, the driver must also produce a valid insurance certificate if asked to do so by a police officer, injured person, or anyone else directly or indirectly involved in the accident. If the insurance certificate is asked for, but not produced at the time, the accident must be reported to a police station as soon as practicable, or in any case within 24 hours, and the insurance certificate must be taken to a police station within seven days of the accident. However if the driver is asked at the time of the accident to produce insurance details and does so, there is no further obligation to report the accident to the police, as long as they have complied with the duties described above. In the case of a damage-only accident, the driver must give insurance details to anyone who may wish to make a claim against them. In all accidents, drivers should inform their own insurance company. This info is from CAB here is the link to above info: http://www.adviceguide.org.uk/wales/old_consumer_w/consumer1_cars_and_other_vehicles_e/consumer_driving_e/traffic_accidents.htm#what_must_a_driver_do
  18. Hi If the driver that hit your vehicle was driving a company vehicle at the time then it would go through the companies insurance company for those vehicles. So ultimately the employee was driving a vehicle provided by his employer. Now the driver refused to give his name after being involved in a RTC well I would advise having a chat with you Local Police Station on the Legal requirements of exchanging details after an RTC. Something tells me UncleB is correct in his Post#7 on this. Also something else you may not have considered is did this Employee follow his Companies correct procedure after being involved in a RTC? something you may want to ask. So you may need to write and request a copy of their Company Policy and Procedure following a RTA and confirmation that this was followed by their Employee. As for the CCTV well these PDF may be of some use:
  19. Hi think we need a bit more info 1. The agreement that you have with the Managing Agents is this a Verbal or Written Agreement? 2. Does the area you working require permits to be displayed or signage stating permit holders only? Also your sign if their is clamping enforcement in place would make no difference to that enforcement company as it is not a recognised permit. If they did clamp your vehicle while your sign (that you made yourself) was displayed and you cut there clamp off you probably are looking at criminal damage so you need to be careful with these type of people.
  20. Hi Further to comments above as the Occupational Health come under the Medical Profession it is the same as going to your GP and requesting that either a male/female doctor or nurse sees you. In my Opinion yes you can request either a male or female Occupational Health.
  21. Hi This info from HSE may be of help: What is the minimum/maximum temperature in the Workplace? The law does not state a minimum temperature, but the temperature in workrooms should normally be at least: 16°C, or 13°C if much of the work is physical. For full details read on... The Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment. Regulation 7 deals specifically with the temperature in indoor workplaces and states that: ‘During working hours, the temperature in all workplaces inside buildings shall be reasonable.’ However, the application of the regulation depends on the nature of the workplace, such as a bakery, a cold store, an office, a warehouse. The associated ACOP ( Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice[1] ) goes on to explain: ‘The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable. 'Workroom' means a room where people normally work for more than short periods. The temperature in workrooms should normally be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity.’ Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature, for example by: insulating hot plants or pipes; providing air-cooling plant; shading windows; siting workstations away from places subject to radiant heat. Where a reasonably comfortable temperature cannot be achieved throughout a workroom, local cooling should be provided. In extremely hot weather fans and increased ventilation may be used instead of local cooling. Where, despite the provision of local cooling, workers are exposed to temperatures which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Typical examples of suitable protective clothing would be ice vests, or air/water fed suits. The effectiveness of these PPE systems may be limited if used for extended periods of time with inadequate rest breaks. Where practical there should be systems of work (for example, task rotation) to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited. HSE previously defined thermal comfort in the workplace, as: 'An acceptable zone of thermal comfort for most people in the UK lies roughly between 13°C (56°F) and 30°C (86°F), with acceptable temperatures for more strenuous work activities concentrated towards the bottom end of the range, and more sedentary activities towards the higher end.' What are the Regulatory requirements for workplace temperature? The regulatory requirements for workplace temperatures are set by the Workplace (Health, Safety and Welfare) Regulations 1992 which replaced the requirements under the Factories Act 1961 and the Offices, Shops and Railways Premises Act 1963. Under the regulations it states that the temperature of indoor workplaces should be reasonable. The Approved Code of Practice defines a reasonable temperature indoors as being normally at least 16°C unless the work involves severe physical work in which case the temperature should be at least 13°C. Where there are requirement for workrooms to operate at lower temperatures for example for food hygiene purposes you should refer to the chilled food advice[2]. These regulations only apply to employees they do no apply to members of the public for example with regard temperature complaints from customers in a shopping centre or cinema. How hot does it have to be before I can Complain? Refer to the table in Step 1 of the Five steps to risk assessment[5]. If the percentage of workers complaining about thermal discomfort exceeds the recommended figure, your employer should carry out a risk assessment, and act on the results of that assessment. (SEE BELOW) Step 1: Identify Hazards Are employees complaining that they are feeling too hot or too cold? The following limits have provisionally been adopted. They are intended as the trigger to indicate that a thermal comfort risk assessment may be necessary, and as such they are not prescriptive. The limits have been set up to take into account differences between premises, types of occupations and the ability to control the environments in those situations. Air conditioned offices Are more than 10% of employees complaining of being too hot or too cold? Naturally ventilated offices Are more than 15% of employees complaining of being too hot or too cold? Retail businesses, warehouses, factories and all other indoor environments that may not have air conditioning Are more than 20% of employees complaining of being too hot or too cold? If the answer is YES to the above, then you may need to conduct a thermal comfort risk assessment. When conducting a risk assessment: listen to your workers views and concerns. They are experts in their jobs, and may have noticed things that are not immediately obvious. Also speak to your employees representatives (e.g. unions and other staff associations) in the workplace, contact industry federations or associations etc, and consider speaking to managers in other companies that are involved in the same business as your own; contact HSE for advice. Identify the problems Is a detailed risk assessment required, or might the problem be solved simply? Simple solutions may include: closing windows in air conditioned offices; pulling down blinds to prevent solar radiant heat etc; providing employees with sufficient control to adapt the environment by adding or removing layers of clothing; look - visually inspect the workplace to identify hazards that may impact on employee thermal comfort; look for patterns in the absenteeism rates, types of illnesses and their frequency of occurrence, the nature of employee complaints etc. take particular note of where the employee may work, their job, how experienced they are, whether any illnesses are recurring etc. Things to look out for include: Are there any heat sources in the workplace? Are workers exposed to external climatic conditions? Are workers wearing PPE? Are workers involved in intensive physical activity? What are the consequences of thermal discomfort? Are your employees reporting illnesses and other ailments that may be linked to the thermal environment? Read through any RIDDOR reports and any internal accident or injury reports. Are there any patterns to the nature of reportable accidents or injuries? Could any repeated accidents be attributed to the effects of thermally-induced physiological or psychological performance decrements (eg fatigue, loss of concentration etc). Things to look out for include: Do accidents increase during periods of hotter or cooler weather? Do absentee rates increase during hotter or cooler weather? Are there more complaints during hotter or cooler weather? Do more than 20% of employees complain of any of the symptoms of thermal discomfort? Here are the links to above: http://www.hse.gov.uk/temperature/faq.htm http://www.hse.gov.uk/temperature/thermal/step1.htm
  22. Hi Just a question hes states initially its the charging port the after the laptop has been back and foward a fews times all of a sudden diagnosis that its the motherboard. This seems strange to me as how the motherboard fault was not diagnoised in the first place, and did he actually show you a diagnostics report because if he said it verbally well I could say that. Why not actually get a second opinion from another pc repair shop before throwing it out as from what you have said I would trust the shop that got you to pay for a repair the hits you with another problem that should have been diagnoised in the first place.
  23. Hi waspie Now something they may try with your daughter is to say claim through your contents insurance. Well why should she and watch her premiums go up especially since the fire was caused by the housing associations storage heater just something to bear in mind that they might try. Something else to request that not a lot of people realise is the housing association will have a fill on the property for your daughters tenancy and as this data relates to your daughter ask for a complete copy of your daughter housing file. Lastly ask them for a copy of the last fire inspection report for the building (not the property) as housing association carry these out annually.
  24. HI Bang Have a look at this link from Direct Gov on Driving in the UK with Non UK Plate: http://www.direct.gov.uk/en/Motoring/BuyingAndSellingAVehicle/ImportingAndExportingAVehicle/DG_10014623
  25. Hi Yes unfair as when you were informed of the diciplinary date they should also either then or in writing have notified you of your rights to be accompined at the hearing by either a union rep or work colleague and provided you with a copy of the companies Disciplinary & Grievance Procedure. Not a few minutes notice before meeting. You should have recieved copies of the evidence to be used at the hearing so that you are able to prepare your defence. You should have been able to request for certain witnesses to be present. You should also have been given the opportunity to question their witnesses and your own witnesses. What has your Union Rep said about this and why are they not doing more about this?
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