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About Summercrofts

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  1. Well, to update, I asked Capita for a SAR request and it confirmed my suspicions that my employer had not given the correct info about my job role and the Reasonable Adjustments being maintained. In addition it also included a copy of the medical evidence in support based on the true situation relating to RAs and the job role and site base. I submitted a second application to my line manager in June 2011 - as per the ET judge direction, but in Aug 2011 my employer decided to refer me for dismissal stating application had been refused - they had no confirmation of this as they had not been al
  2. Hi Martin, yes, I think my first post made reference to the ET as it stood. Since then even the judge said things have moved on and she has asked for a full detailed current particulars list then she will decide whether it is an amendment to the current ETs. As an example of the 'progress' or relevance of the current circumstances I have been found to have suffered an injury at work by their medical advisers which should have given me an additional period of paid sick leave. They also decided that it linked in and was ultimately caused by the initial assault back in 1999. Now the leave p
  3. I have 2 ET cases pending -one claiming Disability Discrimination originated 2008 still outstanding for failing to implement RAs and then one following dismissal from last Nov for lack of pay due/victimisation/protected disclosure. Both claims submitted on TU advice and docs prepared by reps because of my sick absence from work. They have been agreed to be heard together. Until 2 days before the CDM on Monday I had help from the rep,who texted me on Friday to say that HQ had advised not sufficient prospect of success (has to be at leat 60% certain) and Im no longer a member as not staff, so sh
  4. Hi again Honeybee, Yes, I also get the feeling it is mostly to do with the 'permanency' criteria. In fact I received another report in the post this afternoon which included additional points that I had asked to be considered. This report actually states "the key issue is whether or not ... incapacitating health problems are likely to be permanent. It is clear there is possibility of further treatment and therefore it is premature to conclude that ..... permanently incapable of discharging her duties". In order to appeal I have 3 months, during which time I have to obtain and pay for
  5. Hi Honeybee, the PSCPS rules state " 1.3 classic The criteria for medical retirement in classic are that an individual is prevented by ill health from discharging his/her duties and that the ill health is likely to be permanent. " Definitions: Prevented / prevents ~ means having a significant incapacity. It does not mean "unwilling", "disinclined to" or "inconvenient" to undertake the duty. The employer will have obtained occupational health advice to identify any employment adjustments to possibly overcome obstacles to working. The individual will usually have co-operated
  6. Hello Elche, Yes, I'm a civil servant and was entitled to 10.5 full time equivalent bank holidays per year in addition to my annual leave allowance. However, the department rules state that you lose the bank holiday hours if you are sick on the bank holidays. So, because I have been off sick (due to injury at work) for a year they have reclaimed my whole bank holiday entitlement. This is in addition to the loss of my annual leave allowance.
  7. Hi, newbie here so apologies for any mistakes. Been off sick for over a year due to lack of reasonable adjustments and breakdown in the office (mental health disabilty accepted as covered under DDA by employer). Basically they insisted I went to work at an office contrary to 3 OHS reports, and previous GP advice letter and I had mental breakdown. i had told them for previous 2yrs that i considered it to be affecting my health & safety to do so but they said I would be up on gross misconduct if I didnt go. TU advised ET be submitted, done on failing to make RAs. Was put on hold pending
  8. does that included Bank Holiday entitlement? I have had all my bank Holiday hours taken off me for last year due to long term sick.
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