Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

Everything posted by whitecraig_wizard

  1. Dear Sade, Often, sadly when you actually need, isn't always available and you only gets what's offered. Round peg, square hole. Your local mental health team, should be able to advise of independent advocacy services, and your local authority should have a contract for one in MH also (there is in Scotland). If, you do not believe this accommodation is not suitable, unfortunately you will have to evidence why. It isn't right or even fair, just how it is. If, your mum was your carer, did she get CA for you ? She could approach any local carer's centre who again should be able to point you in the right direction. Good luck.
  2. I'm sorry that you've paid for the privilege to have such a wonderful service. My personal experience of dealing with Unison is that they will delay and lie until the cow's come home. I found a law centre in Govan very helpful on advice, even though they were 50 miles from me, check and see if there's anything similar near to you. Don't forget that they will try and wear you down. Only you can decide how and why you fight this, whatever your decision maybe, you will hopefully find help and support here.
  3. Well done, you should have gone for expenses though, it'd paid for a meal out which would be extra sweet.
  4. Having waded through similarish circumstances, good luck with your case, practice your speech and arguments in front of some critical friends, remember you know the facts as you lived it, to them it is just another file.
  5. Sorry, point is a contract specifies two fundemental things, what the supplier provides (t-Mobile) and what the customer (you) gets. In this case for 24 months at £12 per month you get so many minutes of calls, a number of texts and download, after that amount it specifies how much extra you are charged if you exceed your package.You can't really go, well we know it SAYS £12 per month but my computer says no. After all why is it a 24 month contract because computer says yes ! More a heads we win tails you lose kind of thing. If your bit of paper says £12 that is what they agreed too as did you. Who really care what their computer says, my computer says you owe me a squillion mazoolas doesn't make it right though.
  6. Silly point, if it doesn't matter, what about the 24 month bit or is it a selective contract ? On a more serious point, you could argue that they have broken you contract from day one, if this wasn't the agreement you signed. Perhaps they will care to rfund you all your monie, with interest obviously!
  7. Silly point, if it doesn't matter, what about the 24 month bit or is it a selective contract ? On a more serious point, you could argue that they have broken you contract from day one, if this wasn't the agreement you signed. Perhaps they will care to rfund you all your monie, with interest obviously!
  8. More the tick box culture that exists in ATit world, Judge jury and in more than one sad case executioner too.
  9. Not exactly, the point made by the LJ whilst on the matter of pay dealt with a wider issue which was this; the detriment suffered by a refusal to make a reasonable adjustment. the BUT FOR arguement. But for the disability would this be happening, and that was why it became a starred ruling. However, it still doesn't deal resolve the issue here of unlawful discrimination, or of deducting annual leave, which COULD break the European Worktime Directive on 28 days paid leave. I think that the best option for the OP is to contact the ECHR advice line.There were a lot of things discussed at my wife's tribunal, which showed that the action taken was 1) unlawful disability discrimination2) Was the culmination of a series of events that she endured at the hands of her employer.Sadly, all to often things are not done out of malice but of ignorance and stupidity, which don't hurt any less, but can be resolved far more easily.
  10. True but not accurate !Firstly, in Meikle it relates to the refusal to make a reasonable adjustment, She was a school teacher, and the detriment she suffered as a result of the refusal to make an adjustment under the DDA was her loss of pay. It is a starred ruling.In respect of my wife, The complaint to the ET was that they refused to make a reasonable adjustment under the DDA, She was the first employee to request such a thing, and sadly they made it up as they went along !The tribunal decided on the evidence heard that " what my wife suffered closely amounted to was systematic bullying harresment and discrimination violating her human rights and dignity. " Don't believe everything you read in the papers !However, to get back to the point in hand, it is unlawful discrimination to deduct time off for hospital appointements if it is only being done to disabled employees.
  11. Actually, you will find that there is a legal enttilement to paid time off for hospital appointments. A good starting point you will find is; Meikle v Nottinghamshire county council. LJ Burton the then President of ET said it is the but for test, BUT for the disability would you be going to hospital, if the answer is no you are being treated differently for a reason which does not or would not apply. That is unlawful discrimination.You can ask your employer to make a reasonable adjustment under the EA and should they fail or refuse to do so then that is a seperate ground, they must evidence any decison making process which must be more than minor or trivial.May I suggest you contact the Equalities and Human Rights Commission, they can be of some help.Finally, unless it is specifically mentioned in your terms and conditions of service time may not be deducted from annual leave as the European worktime directive specifies all employees are entitled to 28 days paid leave, further this is still the case whilst on nil pay, there are however two criteria that have to be met; 1) you must request the leave from your employer2) It is not cumulative (or you can't add it all up say 4.5 years x 28 days then take it as a lump sum).How do I know all this, because my wife took her employer; Lothian & Borders Police to an employment tribunal as they had decided to deduct from her annual leave time taken for hospital appointments and refused to make a reasonable adjustment, specifically to allow her reasonable time off to attend her hospital appointments, as per the guidance of the DDA handbook. With all their resources circa £260M per year and a large personnel department; all of City of Edinburgh Council Legal services and two very expensive advocates she won unanimously. So one ordinary bloke beat all of that.
  12. Been there got a 3 piece suit, I was told by a full time Unison official that ET Glasgow didn't know what they were talking about as 3 month limit didn't count ! They will lie, cheat and ignore.When I won against L&B Police for my wife and proved that she had be discriminated against the statement I got was," Unison are defensive on this matter." They claimed that they were advised allegedly by Thomson a well known legal company who again had no knowledge of us that there was no case, and when we lost we would have to pay damages and costs to the employer, and that they couldnt represent us because, wait for it, they hadn't filled in the ET1, if I hadn't done it we'd still be waiting.You should submit an application to the ET with evidence of your Unions actions, it is for the Chairman to decide if it is in the interests of justice to allow it to proceed, expect your employer to object. Stick to the fact, I was told they had submitted application within time. I would also SAR your union expect every obstruction going, they seem to be very inefficent as they loose a lot of stuff !!!As I have a reputation for subtlety, I said to Unison then if someone came and complained that my boss told me to, "come here you [edit]" you would quite correctly be demanding they be immediate suspension, if it is disability discrimination you aren't interested.
  13. It is in everyones best interests, yes even ATit, to have a clear and ACCURATE account of any assessment. It seems one way is to ensure a recording which, if that improves the quality is a good thing. Less stress for us, a better and more accurate assessment, less money spent by the dwp on appeals; everyone wins, always a good thing ! Poor and bad assessments are unacceptable for us all.
  14. OKay, I'm going to bite:mad2: Thank goodness you really are as rare as ! I can record as an aide memoir, a record of what happended or just because I like the sound of my own voice !!! It is at all times my decision what I wish to do, the Data Protection Act is clear on this matter, it is MY personal information, it does not belong to the DWP or ATit. Perhaps I should charge them copyright fees ? Further, it is for a subsequent tribunal to decide the relevance or otherwise of any additional information certainly not DWP or ATit. How do you know that contemperanious notes are correct, do they carry a personal photocopier and hand you a duplicate as they leave ?
  15. Just a thought, if you really want to get up the ATOS nose so to speak. You can always enquire about their Equality Imapct Assessment that MUST have been carried out to in respect of this policy change; another question is the Disability Equality Duty as they are acting for and on behalf of a statuatory authority and MUST comply with this piece of legislation; finally when all else fails the Equalities Act.If you are somebody protected by the EA then you should be complaining to the Equalities and Human Rights Commission if you feel that you have been unfairly discriminated against. The more complaints made makes it more difficult not to investigate
  16. There is a very simple way to deal with this, have written on the package for delivery the following statement.DUTY TO BE PAID BY IMPORTER. This means that Parcelforce cannot make any charges on your behalf.HMR&C will contact you and you then make payment direct to them, it can delay the delivery by a couple of days however.I have used this on several occasions for my son and have had it confirmed by MD's office of Parceforce as correct.
  17. It doesn't matter how the complaint arrives, either from the individual or via a 3rd party, say an advocate. If an alligation is made it has to be investigated, assuming that the individual concerned is a vulnerable adult; otherwise you're talking cover up. Even though there maybe no formal complaint it doesn't preclude any duty upon your employer to investigate.Your terms of service will detail what the correct procedure to be followed is, if you are a member of a union contact them immediately and makes sure someone you trust attends any meeting with you. I would also keep notes of what everyone says.It is no fun being under suspicion of something you haven't done, sometimes mistakes get made, misunderstandings happen and even bare faced lies occur.Whatever happens, best wishes.
  18. As we are having a typical Scottish June today, with lots of sunshine falling from the sky, I was curious if there has been an update, are OPC still in existance, has this finally been to court?
  19. I am pretty sure that the commissioners previously ruled on the meaning of reasonably, I see if I have a reference and post it.
  20. Hmm, what about the fact that it could be injurious to your longterm health or well being ?For some it may well be an option, so that they can maintain any abilites that they have. What about someone who is cognitvely impaired and cannot identify any danger associated with their wheelchair should they meet the criteria, what of someone partially sighted who may not be able to see any risk ?Finally suppose your wheelchair has been adapted by bio-engineering to meet your individual needs and due to those adaptions is no longer capable of being self propelled ?Is it indoors or out doors, what kind of surface, is there a floor covering?What was wrong with the old descriptors, oh yes now I remember too many qualified !
  21. The Data Protection Act REQUIRES that information held is accurate. You should contact the PCT Data registrar and inform them of the inaccuracy of the information held and that you are seeking to amend it. This is your legal right. I am curious if you were upset by the Dr's conduct does that give you grounds for complaint, logically it would seems so ! How would they be compliant with both the equalities act and more importantly Disability Equality Duty if you could be seen as disabled ? Finally, a twisted thought, as this employee can feel intimidated by a polite considered conversation, what of the duty of care owed to them under the Health & Safety at Work act, they obviously shouldn't be dealing with polite people. Perhaps removing them from dealing with the public would be appropriate !
  22. Having taken on a police force, aided by a Local Authority Legal department, who have a combined annual turn over in excess of £600m; along with 2 advocates and won I know exactly how good it feels for the village idiot to beat them. It isn't about how much they cost or how good they think they are, it is about the muppets instructing them.Congratulations, to you and also your family and friends, who helped and supported. You could always work out how much they have spent in round figures to defend this and ask their MD if this was the best way of spending his share holders money? I'm bitter and twisted an excellent combination !I look forward to the final chapter in January, enjoy the bread
  23. Good evening one and all,Due to the inclement weather, even for Scotland, I haven't got out on my bike and with devil making work for idle hands was wondering has the court case been heard or is there anything further happening?W-W
  24. Firstly, it is no longer a sick note but a fit note your gp provides. may I suggest that you start by explaining your symptoms and discuss how they impact upon you and what work it is considered safe for you to do and that will not exacerbate your underlying condition, also what problems any medication could caused, inability to operate machinery or drive for example.Secondly, I would ask that they give consideration that you are someone protected by the equalities act, (the old DDA) in that you are disabled and state so. This can be helpful in dealing with the DWP for appointments etc, if they are aware you are disabled they have duty to make reasonable adjustments, ie time of signing on etc.Thirdly, My wife has been seeing the same GP for the past 15 years I have never once asked about his political beliefs or he mine and trust I'm a really bolshy person. However, we work together for the best interests of my wife, doesn't mean we always agree or see eye to eye but we that respect each other. If it ain't working change the GP !
  • Create New...