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Par King

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  1. check what the CMD order say in terms of failure to comply with the orders, it usually penalty fine of £1,000 but check and let us know, was there an unless order. You could ask for that to be imposed and also suggest strike out for non compliance, on basis waste ET time and not enable you to have a fair trial, ask for unless order if not had before.
  2. UPDATE!!! warden did not attend, relayed information to parking appeal and guess what.....!! ticket cancelled ( they believed me and my partner that the warden didnt give us a ticket) and alsosaid i was able to load anyway. thanks everyone, appreciate it!
  3. I have a parking issue. I went to pick up my partner who is disabled and lives in a resident permit parking place, controlled parking zone. I was loading the equipment, bags, wheelchair etc in the car. A Parking attendant came along and saw me loading the car and I asked him if I should go in an put a resident permit on my car and explained I would be leaving with my partner and that I was loading the car, had finished loading but need time for my partner to come out given his disability. He said that I didn't have to do anything I could continue. He said that he would note on his pad that he had allowed me to do so. I asked him 3 times he said it was not necessary. My partner came out and we drove off to the hospital, after having a friendly chat with the ticket parking attendant. I cant believed i waved to him. He did not give us ticket Few weeks later, I get a letter saying that because I had failed to pay my parking ticket it had increase and I could make representations. I was completely shocked. I appealed explaining the above, saying that the parking attendant lied, he said we could load the car, i didn't need a resident permit as it was for a short time,and that he ( the parking attendant) did not give us a ticket. I explained that the first I had known about it was the letter in the post saying I had not paid the ticket. They rejected my appeal saying there was photos of my car without a ticket, they observed my car for 7 minutes without valid permit and that the Parking attendant said he handed me a ticket. I take my partner for check up to hospital etc regularly and did so the say before. I had a resident permit from the previous day I my car, which I admit but I asked the parking attendant if I should put a new one, explaining it was from the night before and he said its not problem. My main issue is with the parking attendant, he lied to us about the whole situation. We are going to court no on this and i have for the first time seen the parking ticket contravention 16 'parked in a controlled zone without a valid permit'. Is there anything we can do. My partner and I will go to court and explained what happened, but we don't know what else to do. We are appealing on the grounds of procedural impropriety on the part of the enforcement authority and the civil enforcement officer was not prevented from issuing the penalty charge notice Any suggestions please?
  4. in terms of what happens next, was your claim in time ie 3 months less one day from the date that you were dismissed? If it was then fine you will get a call from ACAS who will try and mediate and settle the claim if both sides are in agreement, then you will get the ET3 response and then the matter may be set for CMD, case management discussions where both parties says issues they agree with that which they disputes, and directions to exchange evidence statements etc. Start getting your evidence ready, notes, emails meeting notes, who will be your witness etc. For all you know the other side may be interested in settling do have a figure in mind just in case. All the best. My reply does not constitute legal advice, they are just my views on the limited information provided and you should seek legal advice on all legal issues you face
  5. Please can you confirm, when you were dismissed and the last date of harassment. I think because you have not specified the dates, the ET might ask you to be more specific, if not you need to be aware that you may be pushed to try and remember the dates as best as you can even if it is approximate eg Feb 2010. You need to show that you have suffered harassment on the ground of your race, ie you being Irish. However, ideally you want to show that the harassment happened before and after October 2010, that is was continuing act of discrimination. The reason why I suggest its important to look at the dates, is that you need to try and get your claim under the Equality Act 2010 as opposed to under the old Race Relations Act. The latter is very complicated because of legal complex issues like the burden of proof. If your case is under Race Relations Act, if you argue that you were harassed because of nationality its a harder case to run and win than if you argue its because of your national origin under the RRA. In October 2010, the Equality Act got rid of this hurdle about burden of proofs. However under transitional arrangement people like yourself may rely on the Equality Act if they can show that the harassment was before, after and the last act ended after Oct 2010. As such, it may be that the ET ask you to particularise your claim, that give dates, precisely because they are trying to see which Act your claim falls under RRA or EA. For a harassment claim under the Equality Act you should show 1 that your employer engage in unwanted conduct related to a relevant characteristic ( which from what I understand is race) 2. That the conduct had the purpose or effect of violating your dignity or creating an intimidating hostile, degrading humiliating or degrading environment for you ( where you are focusing on the effect of the harassment as I explained in point 2, the ET will look at your perception, other circumstances and whether or not it was reasonable for the conduct to have that effect Also just in case you have argued discrimination, you again want to say for the same reasons the discrimination was continuing and happened up until you were dismissed in 2011. By the way, did you raise a grievance on your unfair dismissal/race harassment claim?, if you didn't if you are successful at ET the Et has the power if they want to to reduce your compensation on the basis you didn't follow the ACAS guidance on disciplinary and grievances, which suggest raising a grievance with your employer in the first instance. My reply does not constitute legal advice, they are just my views on the limited information provided and you should seek legal advice on all legal issues you face
  6. its only potentially a breach of Human rights, Article 8 your right to privacy, if your employer is a public body subject to meeting 3 things which Ii talk about below. Even if they are a public body they may be able to justify breaching your human right to privacy. To do this, they need to show that (1) their act was lawful- what does your employment contract and possible policies and procedures say? (2) that the secret audits serve one of the listed legitimate objectives listed under the law maybe public safety possibly in your case and, (3) that they way they are going about with their secret audit is a necessary proportionate way of meeting whatever their aim was with having the secret audits in the first place. It's not therefore clear that the secret audits are in fact illegal or as I would like to say unlawful, unless there is nothing in your contract work policies, handbook, or any other law that allows them to do this. If there is nothing the only possible argument you could say is that it is a breach of your employment contract, breach of an implied term of trust and confidence. As for breach of data protection, it depends on how the information is gathered and whether or not the information contains personal data: there are complex legal test to decide if information is classed as personal data. You could find out more on the Information Commissioners website. Hope that helps...
  7. You are entitled to receive holiday pay whilst you are off sick, as to how much you get depends on what your contract says. I think there was a European case where the court has said annual leave untaken by employee on long-term sick leave may expire after 18 months, so watch out you cant indefinitely accrue leave
  8. i agree but dont know if their is weight in the legally qualified argument so wanted to get some views
  9. he submitted it on the last day but the tribunal said they didn't get it, he resubmitted next day so ET say its out of time. He has proof of sending email but ET say they didnt get it. Respondent say he should have known cos he is legally qualified
  10. Sorry to hear about your situation, its really unfortunate. The key thing is the investigation that is going to take place in relation to this matter. Have a look at ACAS guide on disciplinary and grievance procedures, which is on their website, which describes good practices, so you can be aware if there is anything that isn't right. Hopefully the investigation is going to be reasonable and fair. The question then from the employer's point of view is, based on the evidence we have gathered from this investigation, can we dismiss this employee for a fair reason ( ie misconduct or gross misconduct- theft.) To answer that they have to ask themselves (i)do we believe he is guilty (2) do we have reasonable grounds for forming this belief ( i.e good evidence from the investigation), (3) was the investigation reasonable in the circumstances. If they think yes to all three they may conclude that they should dismiss you. So long as they can show that they acted reasonably in dismissing you, ( basically all of the above) then sorry, they can dismiss you. The investigation and the evidence gathered is KEY right now. You need to get prepared for the investigation/hearing and/or appeal. If it goes to tribunal, the tribunal will look at all these issues and will decide if its reasonable for your employer to have chosen to dismiss you based on the information/evidence they had available to them, the ET will decide if ie that reasonable employer would have dismissed you in the circumstances ( objective test) All the best with it
  11. My friend is an employment law solicitor suing her law firm for disability discrimination and constructive dismissal ( am aware of 3% success rate). He is still suffering clinical depression and is on anti-depressants after suicide attempts. the other side are saying the claim is out of time and are using the fact that he is a solicitor to throw the case out. Do you think the tribunal will treat him differently in terms of expectations they have of him, he doesn't have legal representation and is doing things himself but am worried cos he is really emotional about it and still on antidepressants so I don't know if its fair, given his mental state to treat him like a solicitor just cos he is legally qualified? Any comments please? Does it go to the issue of the claim being in time?
  12. link to google maps attached, (parked next to black car) blocking blue Mercedes and parking ticket is attached. link drop curve.pdf parking ticket.pdf
  13. The extension you got from your employer, was this in writing? Did you tell the tribunal that you had an extension of time from the Respondents (employer) and ask the ET for an extension too? It is not clear what exactly both parties were asked to disclose and if the documents you were asked to disclose are crucial to the claim Resend your letter and send it by recorded delivery stating that the Respondents have failed to comply with the directions in the CMD, and that they have acted unreasonably. Include your evidence of contacting the Respondent and the Tribunal. Also say that their unreasonable actions means that you cannot have a fair trial under Article 6 of the ECHR, which is part of the Human Rights Act. You have not been able to inspect the documents to which the Respondents rely and therefore prepare yourself in terms of how you can answer back and put forward your claim. The Respondent's deliberate failure to comply with the rules/orders means that potentially the case has necessarily reached the point of no return. 9 i say this not knowing what documents were mean to be disclosed and not knowing if they are in fact crucial to the case) In terms of striking out the response, you want the tribunal not to allow the Respondents disclosed docs as part of the trial bundle ( if they do produce anything) so the Respondent would not be able to rely on them as part of their case. There are sanctions in place where a party has no complied with the directions set at CMD, you may want to ask the Tribunal to consider enforcing the sanctions in light of the unreasonable behaviour of the Respondent and the delay it has on the proceedings and to the fairness of the trial. ( again dependent on what the documents are and how important they are to the case)
  14. just spoke to the parking team for the council, the only way i can get a ticket for blocking my drive, on a yellow line ( on a Sunday) is if someone in the property requests it. The tenant on other ground floor flat do not have a dropped driveway and use mine to park the car so it upsets them when I block my driveway as they have nowhere to park. they'd rather climb my driveway to park than pay to drop their driveway. Seems like because they were upset that I blocked my driveway, they called the ticket inspector, pretending to own the driveway and asked the inspector to put a ticket on my car! Is there anyone who can help me with what I can do please in this situation. The landlord of the tenants is willing to write that its my driveway, not shared and that the tenants have not right to use it. I really need some help please Can I appeal?
  15. unable to send link as i have insufficient post counts- does this mean i have no grounds of appeal?
  16. I have just received a PCN today. It says that I was ' parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.' It is contravention code 27. Basically I was parked on a yellow line but blocking my mum's driveway, her car was on the drive. it is not a shared driveway, its ours we paid for it with the council. Is there any way that I can appeal this please? As it was a Sunday, i thought you can park on yellow lines, there are no parking restrictions, plus its the family driveway, any suggestions please
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