Hi, no it's not been lodged yet as the date for getting it in isn't until the 2nd July. My solicitor is ringing me in the morning to let me know what options are open to me and how best to proceed next.

Yes that's what I thought but how is it right or fair that because they have seen what could potentially happen that they now can't be held accountable for all the stress they put me through and the lack of wages they haven't paid me.

Just to update on what's now happened. I had my grievance meeting yesterday which I took a union rep in with me to take notes. I came away thoroughly confused and not quite sure what to do next. The person I had the meeting with was a new manager that had only been in the job 2 days. She began by asking me to explain what had happened and asked me to clarify the details in my fit notes which I began to do. She then proceeded to ask me to hurry things up as she had a meeting to attend!! My grievance was never really mentioned, neither was the fact that they have left me going around in circles trying to find solutions to the problems I was having. They were all quick to pass the blame to other management that had now left (we have had 3 in 8 months) I was then interrupted and told we were going around in circles which was exactly what I had been doing for four months. She then said to me that she was under the impression that this meeting was about getting me back to work. She went on to say about accommodating my phased return and that the adjustments had been made and to ask me what hours i wanted to do. I explained that to be honest prior to the interview I wasn't going to come back, I felt victimised by other staff, I felt frustrated that nothing I said or did seemed to be accommodated, not to mention they hired someone else to do my job for me on the day I turned up for work and they turned me away. Nobody had even bothered to contact me to ask me not to come in or to tell me that the terms in my fit note couldn't be met. But they took the time to ring and pay someone else instead. They have left me deeply stressed and in debt now as I haven't been paid for four months now. But yet they appear to have brushed all of this under the carpet and they clearly think that because they have now taken on board what I was saying and asking for that I will just agree to this and go back like nothing has happened. I honestly feel confused and backed into a corner now. I feel they have addressed the future but they haven't addressed the past. I don't know if I would still have a case or not. The fact is they failed to make reasonable adjustments under the disability act, they haven't paid me, they haven't answered to the grievance I put into action, I was bullied by staff and feel totally alone and intimidated. Regardless of what they have now done I still don't feel I can return.

Unfortunately until I was in this situation I wasn't even aware that my workplace recognised unions or that I could have joined one. Had I of known this then I would have joined and paid. I have gone into this blind really. I qualified for legal aid, was given a solicitor who then advised I may have a case under disability discrimination, advised me to follow a formal grievance procedure after the informal one didn't work. Sent me a template of basically what to write and reminding the employer of my rights under the equality act which I duly did and has since then been no good to me. As explained I now find myself in the middle of a grievance, not sure how to handle it or where to go or even if I have a case to bring to a tribunal should the grievance hearing not go my way. When asked where and what to do was given no advice about representation or how to proceed or what to say. Everything I have found out has been down to days spent on the Internet trawling for information. I have also rung another solicitor to find out if I can move my case to them as it transpires that my solicitor is only a trainee. I appreciate we all have to start somewhere but the clock is ticking and I need answers and he is not very forthcoming with them. I apologise for not being a paid up union member and when this is all over and I have found myself other employment I will make sure I rectify this situation. But right now I am extremely thankful to this person who has given up his own hours for a non paying member to take notes nd to make me feel marginally more comfortable that I have at least one person who can't at least steer me in the right direction.

I have not asked that he represent me as I am already aware through ringing several unions that because this has already started then they will not be allowed to do this. This is a friend of a friend who is an accredited union rep who has merely said he would accompany me to my meeting and jot down any notes. He has explained that he can't advise or act in any way other than to be supportive. It is for this reason I would not ask him to take time off from his job and have asked that the work place work around what is convenient for us. It clearly states that I have the right to be represented be it by a colleague or an accredited trade union representative. It also clearly states that the union does not have to be recognised and nor do I have to be a member of it. With my work colleagues deciding that they won't help due to fear of backlash I am just thankful that this person has offered to accompany me.

Hi squaddie, I'm from derbyshire. Emmzzi, I have just drafted a letter reminding them of that again and pointing out that I had already mentioned that my representative is only available after 3.30 on any day due to his own work commitments. I have told them that I am available any day after this time in order for the meeting to go ahead and that 10.30am will not be suitable. I guess I just have to wait and see what their next move will be. Meanwhile it looks like being another month with no income.

So, since Friday I have found out that even if I am not in a union as long as I can find someone who is an accredited union official and they would be willing to come in with me then this is acceptable during a grievance. Found a union rep who is willing and able to come in with me but due to his own work commitments he cannot attend before 3.30 on any day. I put this in writing to my employer and explained this and asked if we could alter the time of my meeting from 10.30am to 4.30pm and also explained that several people from work had refused to come in with me due to feeling uncomfortable. I explained that if this time wasn't convenient then to leave me a voicemail or I could be reached via email or letter. I explained about his work commitments meaning any meeting old have to take place after 3.30 to allow for me to be accompanied. Work leave me a message stating that the time is not suitable for them tomorrow or Thursday or Friday and that she has proposed a meeting next Wednesday at 10.30am.!! I honestly give up. I couldn't have made myself any clearer with regards to representation and times. They have failed to arrange a suitable time within 5 days if the original meeting as it states they are to try and do. Where do I stand now?? I believe this is pushing me down the constructive dismissal route. I have lost my tax credits, I have not been paid for 3 months, I don't qualify for ssp anymore and I can't claim ESA because i am still classed as employed and apparently I haven't earnt enough national insurance contributions. I have a family to support and no idea how to do this.

The one thing I am afraid of though is because its a small company the person conducting the meeting is the one that's failed to make the adjustments and the person that will conduct any appeal is her mum!!

Yes that's what I thought. There's so much going on but to bring it all up I feel I would just lose sight of the most important bits which was their failure to help me come back to work. I was just going to take a copy of my grievance letter in with me and letters in which they have acknowledged my requests for adjustments. I believe I don't have to answer difficult or uncomfortable questions. They were given permission to view my medical records and never did. I was just going to present those questions on my grievance to them again and then not say much more? All I ever wanted to do was return to work. I don't like it much but it's a job and its my independence.

I have kept all correspondence to all meetings. Funnily enough I never received any minutes in response to the meeting I had relating to the first fit note in which they sent me home. Can I ask for this as she had a witness in there with her? At the time I didn't know it was going to turn into a meeting as I was just told to come in and have a "little chat" Also the first letter I received was a letter inviting me in to see how they could aid me in my return to work. All the possible adjustments they could make we're in this letter but they didn't put in things I mentioned about staff bullying that had happened to me prior to going off for 28 weeks. These included having laundry thrown at me, people ignoring me, refusing to move so I could get my trolley past them. Just recently since my return I have also been ignored, been told by a staff member that she was told to stop talking to me and just yesterday I was told that I had been the topic of a staff room discussion relating to me never actually wanting to come back to work and that why would I when I can sit at home and get paid. Wouldn't mind but I haven't even been paid for hearl 4 months now. My solicitor has advised me to bring this up also but I don't know if I should as the equality advice people and my solicitor advised me to write my grievance based in failure to make reasonable adjustments which i did.

Phaitun Yes the work place has a grievance procedure, I believe I have now followed what I am supposed to do. I tried and failed to sort this out informally. I have since then raised it as a formal grievance. No I am not in a union. I wasn't even aware I could join one until I read my response which said that I could take in someone from work or a trade union representative.

Sorry I didn't realise I had submitted the first part already. But that's the rest.

Hi Thanks for the responses. I have been off work for 28 weeks following a shoulder injury. I work in a laundry in a nursing home. It's 45 bedrooms and I work alone on a 7 on 7 off basis. I began to suffer problems and my employers were less than helpful so I came out of work on sick to try and find the cause. It is believed I have a condition called thoracic outlet syndrome but has not yet been confirmed as I am waiting on neurologist app to confirm this. I am also under the chronic pain team, physio, shoulder specialist. I have recently qualified for low rate dla due to the condition that has been ongoing for 2 years and doesn't look set to resolve any time soon. I have always wanted to return to work as chronic pain has already taken so much from me. I am desperate to retain my independence. Work seemed happy to allow me to come back until I submitted my fit note. We had discussed a phased return doing 5 full shifts out of 7 but I explained to my employer this would depend if the doctor would agree to this straight away. The doctor wouldn't agree to this as she felt it would be detrimental to my recovery and advised 7 shifts doing 4 hours a day to begin with. Bear in mind that all the time I have been off there has been nobody covering my sick leave it has been other members of staff putting laundry in as and when. I was told that at least being in 7 days would mean that the laundry was staffed each day and that they couldn't see it being a problem, I returned to work to be met at the door by the boss who asked me to come in to the office for a "little chat" that's when she explained that she wouldn't agree to this as she couldn't get cover for the remaining two hours of my shift so she sent me home. Even though the laundry wasn't staffed that day and there was an outbreak if d&v in the building. What I also couldn't understand was that 2 employers have been allowed to drop their hours over ill health but I was only asking for a reduction in hours for a phased return and not permanently. I was now employed without a wage as my ssp had run out and they wouldn't let me back. I consulted the law centre who put me in touch with a solicitor who said that she believed I may have a case for discrimination and faliure to reasonable adjustments. I then went back to my work place and explained that this is what I had been advised but I desperately wanted to sort it out between us and not go down a legal route. I was told they still wouldn't agree to the first fit note and that she had checked with her solicitor and disability didn't apply to them it was just something that gave me extra money each month. She then said that if my employer would agree to 5 full shifts she would look into it but it had to be stated in full on my fit note exactly what the doctor required and that I was to also send in a covering keep tater with this second fit not stating exactly what I could and couldn't do and what I believed would help me back to work and she would consider it. The second fit note stated as requested no more than 4 full shifts over 7 even though my doctor wasn't happy she understood my need to go back to work. My covering letter explained that withou coming back it would be impossible for me to determine what I could and couldn't do and gown much pain I would be in. I asked if the night staff could do any of the clothes that came down in the night where possible, but that I understood that this would not always be possible due to situations that can arise in the night. I asked that washing instructions be placed on the wall for all staff to see, to avoid damage to people's clothes and to ensure items were washed at correct temperatures to avoid contamination. I asked for steps to reach the top tubs but was advised that due to possible falls etc this could not be considered. The letter I received back was that they would agree to this phased return and that they would put into practice the small adjustments I had asked for as until it had been put into practice the couldn't ascertain if it would work in theory. I went back for my first shift and was oromptly called into the office again. This time I was told that I would need to ring the staff member who worked my opposite 7 shifts as she didn't want to work my weekends etc. I was told that my phased return would have to accomodate the hours she wanted to cover and my return would have to fit round this. I ended up doing 2 on 1 off and 2 on and my phased return being over 5 days instead if the 7 requested by the doctor. I went into the laundry, no instructions had been placed on the wall and no help had been given by the night staff as requested. I have since been forced to come off work again as not allowing adequate time between shifts and not being given any help and the day off between shifts not being covered properly which resulted in double work load on my return meant I overworked myself due to panic and fear if them thinking I couldn't do the job and ended up causing my shoulder to be to painful for a few days. This is when I was advised by both my solicitor and the equality advice people that I would have to raise it as a grievance for failures to make reasonable adjustments. Which I have done. My hearing is on Wednesday. The two staff members I had asked to accompany me have since told me they won't come in with me and my solicitor has been as much use as a chocolate tea pot. He's told me I have no choice but to go in unrepresented as I am not in a union. He's also told me they can't asses the strength of my case until they know the outcome of the meeting. I was basically advised to do this and have now been left to face the wolves alone. I'm terrified and have spent the past 2 days in tears. I am thinking if just quitting and walking away because I honestly do not know what to do. Quite long winded I apologise.

Hi Thanks for the responses. I have been off work for 28 weeks following a shoulder injury. I work in a laundry in a nursing home. It's 45 bedrooms and I work alone on a 7 on 7 off basis. I began to suffer problems and my employers were less than helpful so I came out of work on sick to try and find the cause. It is believed I have a condition called thoracic outlet syndrome but has not yet been confirmed as I am waiting on neurologist app to confirm this. I am also under the chronic pain team, physio, shoulder specialist. I have recently qualified for low rate dla due to the condition that has been ongoing for 2 years and doesn't look set to resolve any time soon. I have always wanted to return to work as chronic pain has already taken so much from me. I am desperate to retain my independence. Work seemed happy to allow me to come back until I submitted my fit note. We had discussed a phased return doing 5 full shifts out of 7 but I explained to my employer this would depend if the doctor would agree to this straight away. The doctor wouldn't agree to this as she felt it would be detrimental to my recovery and advised 7 shifts doing 4 hours a day to begin with. Bear in mind that all the time I have been off there has been nobody covering my sick leave it has been other members of staff putting laundry in as and when. I was told that at least being in 7 days would mean that the laundry was staffed each day and that they couldn't see it being a problem, I returned to work to be met at the door by the boss who asked me to come in to the office for a "little chat" that's when she explained that she wouldn't agree to this as she couldn't get cover for the remaining two hours of my shift so she sent me home. Even though the laundry wasn't staffed that day and there was an outbreak if d&v in the building. What I also couldn't understand was that 2 employers have been allowed to drop their hours over ill health but I was only asking for a reduction in hours for a phased return and not permanently. I was now employed without a wage as my ssp had run out and they wouldn't let me back. I consulted the law centre who put me in touch with a solicitor who said that she believed I may have a case for discrimination and faliure to make reasonable adjustments, There's much more to say but I don't want to appear as I am waffling

Hi, I'm not sure if I am on the right area to ask for any help or advice following a long period of sick leave from work and issues regarding failure to make reasonable adjustments. Going through he'll with my employer at the min and can't seem to find any advice. Thanks

how do i word a complaint to the solicitors regulation authority

if a set aside is going to be too difficult and i could possibly lose im not willing to do this incase they reapply not terribly bothered about money back, although it would have been nice, i do however want them to go away, what would i need to say/show to a solicitor so they understand what im trying to achieve, which is for them to go away i have informed the office of fair trading about my case and hopes this helps to get this company stopped once and for all

Just looking through all paperwork and have found a couple more letters from turnbull stating that their client continues to charge post judgement interest which is currently 12%. this letter clearly states that the judgement balance is £874.98. it goes on to say that they may be able to freeze the interest if i arrange appropriate payments

so fingers crossed i seem to have enough evidence to support a possible set aside. should i now make contact with them outlining everything i have got and see if this is enough to make them back off? alternativly do i file the set aside and take my chances? what happenes to everything i have paid this company?

the original claim for judgement in default 2007 states that the amount owing is £1,071.13. the suspended attachment of earnings form shows £1,121.13 i think this was beacuse of the added fees from the court. i do have a print out from HFO that shows interest etc on the account. the original amount owed was £874.98, they then went on and added £70 for solicitors costs, £70 cpc claim issue fee, then they added 19p interest and a few other solicitor costs. after this they charged me post judgement interest at 12% a month which worked out at roughly £10.86 per month. on this reciept it has got the balance showing as £1568.57p when i queried this with them they told me they had dropped all future interest to allow me to pay off the balance and advised me just to pay what was on the court judgement.

i have paid them over £700 so far and have copies of every payment i have made as i made it through a transfer and never via a direct debit or a cheque. they wrote me a lovely letter a few months ago thanking me for my continuous payments and advising me that they will be happy to drop my case if i could pay them £700 within 14 days. this is more than i actually am supposed to still owe. needless to say i declined their offer. what happens now? should i be seeking a solicitor or can i provide all particulars of my case based on everything i have?

let me know if you can see it ok, the image was coming up very small on my computer.

attachment sent again. see link below instead.

img017.zip

here is the particulars as requested