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Everything posted by SweetLorraine

  1. Hi sheiladip, thanks for the posts - some useful info. in there. Just a thought - you might like to start an e-petition on HMG's website - the narrative allowed is somewhat cramped (>1,000 spaces) - but it might be good for the soul? http://epetitions.direct.gov.uk/ I found it can be difficult to discuss these matters clearly when you have personally been humiliated by the ET process - there can be too much of you and your emotions getting in the way of salient points. I probably sounded unhinged to friends I talked too about my claim - perhaps I was - the prospect of bringing a claim unrepresented was unnerving - however the bedlam of the ET with its good/bad judges, flat-lining civil service 'support' staff (a risible term) and dodgy respondents was a whole new strange insanity.... which could tip many a sane person over the edge a bit.... or maybe further still. There are also so many nuances and quirks attached to individual claims that I'm not sure how you can provide clear 'sightlines' to the issues you wish to address (and engage potential readers/supporters) while there is so much of your own claim shot through it. Can you separate the two and be more objective? The cream from the milk if you like. Can you clearly articulate what you want to achieve in less than approx. 150 words (i.e. less than 1,000 spaces)? If you can, the e-petition might be the way to go. By whatever route you choose, it is going to be a long slog - is this how you want to spend your time and energy? What if you don't succeed? Will any of it bring you peace of mind?
  2. Your jobcentre can refer you onto short training courses to improve your CV and job application techniques. I went on one (v. sceptic though!) - delivered by A4E - I found it very informative - bit of an eyeopener actually - gets you up to speed on what's happening out there in the job market. I'm afraid fretting about psychometric tests and medicals is probably putting a few carts before the horse at this stage - worry about those sort of things after you have been shortlisted, interviewed or have a provisional job offer. The course I mentioned might help you to prioritise and focus more effectively. Good luck.
  3. It is a pity about the jobs you weren't told about. I know that local authorities seek to match employees on redeployment with available jobs - erm, I think employees have to meet a certain amount of the JD criteria (40%-70%?) - I'm not sure what the story is with other public sector organisations - it might be worth finding out what the process should have been so that you could highlight where HR may not have followed their own procedures. It might help clarify things if you could find out whether you could have been matched to one of these jobs or not. Furthermore if they were permanent posts it makes the potential HR error that much worse. Perhaps it would be useful to read (from other contributors on here) how this issue might be viewed by a Tribunal - i.e. if it could be shown that the claimant was not informed of a permanent job which he/she could have been successfully matched too and kept in continuous employment. Any ideas?
  4. Hi swinterson, I don't know much about HR, but there are others on here that do and can help you. You have been injured at work to the point where it brings you under the DDA and you can no longer do your job. Your employer has not been able to find suitable alternative employment (although there may have been roles which you could have considered but were never informed about by HR) and they have dismissed you through the capability process and there is still some talk about compensation. What are you now seeking? (You may want to reflect on that for a few days) Personally I would guess any compensation package would not only have to be based on the organisation's redundancy (or early retirement) package but maybe also on the loss of potential future earnings due to the isidenjuries you suffered at work? Hopefully other contributors can advise. I know it might seem pretty horrible now - but things do get better swinterson - there are plenty of others on here that have gone down similar paths - they have all come out the other side OK!
  5. OK, well, there is some thin silver lining in there. Have you involved the local union reps in this?
  6. Sorry to drill down swinterton, but if we know have a clearer picture we can try to help more effectively. In terms of sequencing events I assume it was: bad injury at work (DDA rated) HR offer a compensation package for you to go. (Do you have that in writing swinterson?) You decline as you want to retain your employment. HR place you on the redeployment register [is that the correct procedure - any contributors?] and offer you two six month roles each of which exceed the agreed travelling time by an hour or so. You were not told about other roles during that period. (Did you have easy access to the redeployment register during this redeployment period swinterson?) After 13 weeks on the redeployment register you were dismissed through the capability process. (How much warning did you have that this was coming swinterson - did HR explain that this might be the consequence of turning down a compensation package when that offer was made?) Redundancy and/or early retirement were never considered as options. You don't have to say swinterson - but was your employer a local authority? You don't have to say which one.
  7. Who told you that you would get compensation? HR? Have you been through the capability process? Is that the process used to end your employment?
  8. I take it you don't qualify for early retirement due to your age? That would leave compulsory/voluntary redundancy as options. What happened there?
  9. Hi swinerton, sorry to hear about your situation. Early hours/days yet so I'm sure your all over the place right now. Firstly most large public sector organisations have HR processes in place. When you say you have been sacked I would assume that that is not the terminology used by your employer. Have they put anything in writing? Without anything else to go on - it is a bit sketchy - it would seem that you may have been on a redeployment list? Why weren't you offered redundancy or early retirement?
  10. If the new employer is adamant that he needs to start next Monday or the job offer will be withdrawn, then it rather looks like he would need to show up there on Monday if he wants to continue in being in employment. If the new employer is sticking to their guns it might be worth going back and try bowing, scraping and begging his present employer to be more flexible. If that doesn't work then it may be that he feels that his only option is to 'damn the torpedoes - full steam ahead!' As to the consequences of such an action? Well the old employer may not do anything or they may seek some sort of recompense for breach of contract. Let's see, its Monday afternoon; I would still say have a word with the new employers asap. If it is still (unfortunately) game on for a new start on Monday, well I would get an appointment with an employment solicitor for this week (see if they can fit you in for a half hour), bring along any relevant documents and see if the solicitor can scope out your potential risks.
  11. The worst? No idea I'm afraid. It might be worth him simply ringing up the new place to explain the old place is (unusually) playing hardball with a resignee and insisting on the full four weeks, in theory he can't start for another fortnight..... is that OK? That's your 'unknown quantity' at the moment isn't it? He knows some of the consequences from his present employer if he leaves two weeks early; but what would be the downside if he started the new job two weeks later in the new place due to factors beyond his control? The new place could accommodate the issue and take the heat out of the situation. An early Xmas present?
  12. Ah! He could fall between two stools couldn't he? Is that the worry? Resign from the present employer and fail to start at the new place because he couldn't start next week. Ergo no job in a further two weeks time.
  13. I wouldn't know about injunctions Mr. Hat, but your friend is contractually tied to his present employer for the last four weeks unless they agree to part sooner. For the sake of parting on reasonable terms (and an OK reference) couldn't your friend delay the start at the new place by two weeks? The world won't stop spinning just because he starts a fortnight later - i.e. it is not a deal breaker is it? The line of least resistance would appear to be negotiating a later start date out of the new company rather than an early exit from his present employer.
  14. It might be worth adding that Susan is willing to return to the nursery to work off the remainder of her 6 weeks notice pending further medical advice (she could be signed off for a further 2 weeks, begin a part-time phased return or work full-time for the final two weeks - but there is no need to be that expansive in a letter to the employer). Interesting point about the period of the sick note. If Susan was off sick due to stress for the whole of the six week period would there be any liability to pay anything? I would add, as a separate (and more important) issue that the employer owes a duty of care to ensure that the nursery is a safe and healthy environment for staff..... and the children. If this nursery is being run with less than minimum staff and children are being put at risk there could be safeguarding children issues here which should be reported to the 'nominated safeguarding children adviser' at the nursery (there should be an employee which fulfils that role) or to the local authority's child protection team (I assume that could be done anonymously?). The children's best interests should be paramount.
  15. Erm, the employer seems to be sending out conflicting signals. The employer has accepted Susan's resignation but wants her to work out her 6 weeks notice. Once the employer has seen the sick note however, the employer seems to then accept that Susan's resignation can be effective immediately and is now demanding financial recompense.... or is the employer still willing to let Susan work her notice? If the employer can now see that if Susan comes back she will cover most of the period with sick leave the employer may now be taking a harder line. Can an employer accept an immediate resignation then demand financial compensation for a cost the employer has yet to incur? (One for the professionally qualified contributors).
  16. Hi maddiemay, just to be clear where we are Susan has resigned. Her employer has asked her to work her six weeks notice. Her employer is threatening to sue her for the cost of any agency replacement for the 6 week period if she does not work her notice. (I imagine her employer could only claim the difference between what she would have had to have paid Susan and the agency worker costs [if it is a higher hourly rate]) Susan is signed off sick for the next four weeks. Is Susan willing to work the 6 weeks notice?
  17. It is your fight Susiegraham, great if you have willing witnesses, not so good if you don't. If they don't want to be involved I would leave them be - everybody is worried about keeping their jobs and being called up to a Tribunal to testify against their current employer can't have been a pleasant experience. If you have a strong case based on procedural errors and the evidence to back it up there may be even less need to draw in reluctant witnesses. I've went through the bullying/harassment mangle at work - and seen how the pack mentality kicks in. And went to ET and failed. Carry on by all means, and I wish you every success. I hope you enjoy bringing them to some sort of justice. They may even fold before the hearing! But please take a moment to consider how you might feel if your claim fails. I went into a tailspin for some time afterwards. Not good. One of the other contributors on this site (Emmzzi) advises that the best revenge of all is to live a happy life afterwards - it is a golden nugget that I hold onto these days - I hope it may help you too on the other side of this.
  18. Susan seems to have been asked to perform a number of roles - some of which may be asking too much of her given her lack of experience and her pay grade. If she does return to see out her notice it might be worth sticking to the duties described in her contract of employment. It could be argued that her sudden resignation is a manifestation of the stress she was under. If Susan is signed off sick her employer cannot ride roughshod over her rights. If Susan accepts that she would have to work the last six weeks the employer can hardly accept that 'climbdown' and then ignore the sick note. Accepting to abide by the 6 week rule may not only negate any civil action but may also mean that Susan could still get a better job reference from the nursery. It looks as though Susan has found a bit of a 'mare for a starting point in her career. Perhaps she shouldn't think about giving up working with kids just yet - just see this as a learning experience which will help her suss things/employers out quicker in the future.
  19. Um, 6 weeks notice does sound like a long time - given that Susan had only been there a couple of months would she still be working in a probationary period? Perhaps Susan could agree to work the 6 weeks notice, re-submit the 4 week sick note and see how she feels about going in for the last fortnight?
  20. Hi maddiemay, could you be a little clearer, what advice are you seeking to help Susan? Stress, employment rights (limited!), working with kids?
  21. You seem to have alienated your potential witnesses in one fell swoop. You may be your own worse enemy in the Tribunal process. Telling yourself you won't be beaten is delusional. Take a breather and take a reality check - Tribunals are shifting sands not level playing fields. Good luck.
  22. And that is one of the best pieces of advice you will ever receive. letsgetitsorted - you are sorted my friend - you just don't know it yet! Put it behind you, enjoy your healthy new surroundings. Thank your lucky stars you have managed to move away from an unhealthy environment. Forget the 'afters' - you have no idea of the stress you would be putting yourself through trying to win an undercooked claim.
  23. Sure - you can still submit a claim to Tribunal; if you choose to go down that route just don't leave submitting a claim for nearly three months (from the last act) though - submit the ET1 claim form sooner rather than later.
  24. That is a common misconception I'm afraid. There are many social enterprises who are companies limited by guarantee and are registered charities. They may, or may not, use 'limited' in their documentation. Some large charities (such as Action for Children) may have a subsidiary trading company (Action for Children Services Ltd) which belongs within the overall charity. We also have industrial and provident societies which use limited in their title (such as the MCCH Society Limited). There are many overlaps between the public, private and third sector organisations these days. Not everything is as it might seem at first glance. Just saying.
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