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Everything posted by Emmzzi

  1. Notice period depends on what is written in your contract. But, if you walk, do you really think she’ll sue? constructive dismissal - no chance. You need to go through internal processes first, like a formal grievance. Move on and be happy, forget them. But do contact the HSE before you forget them....
  2. https://forums.moneysavingexpert.com/discussion/6101818/manager-trying-to-get-rid-of-me/p1
  3. There’s hope of a warning, then, because the policy is a bit vague. you probably need it - to be a one off - to not have threatened life or property have a think about how you’d describe that in your meeting.
  4. Is that a driving policy or a disciplinary policy? It’s the disciplinary you need. Criticising the very people who decide your fate is shooting yourself in the foot. I really wouldn’t. Does the policy give examples of misconduct versus gross misconduct? Often there is a list of examples for each. I’m trying to work out if you can argue for a simple misconduct for a first offence...
  5. Perhaps you could be as aggressive in pursuit of the policy as you are being with me? I get that you don’t think it’s fair, but that’s not the same as illegal. To improve the quality of the advice, we need the wording of the policy.
  6. If you are sure your views are correct, you could always check them with a traffic officer before going in?
  7. It’s only gross misconduct if the policy says it is. That’s why it’s vital to have a copy before any disciplinary.
  8. Given your response to me is still "it's no big deal and everyone does it", I'd say so...
  9. Get a copy of the disciplinary policy. Is reckless driving listed as possible GMC? By the time they have done the investigation and decided there is a case to hear, you're pretty much done. The best chance to keep your job, if that's your wish, is to see the error of your ways and take a defensive driving course etc. Not what you have done here, which is to tell us that your reckless driving to totally normal and no cause for concern. Braking late may be a "driving style" but it's not a good one! Justifying yourself and waffling will get you out the door for sure.
  10. Well, we've been at this for two days now. I'm all out of answers. If anyone else wants to chip in they should feel free!
  11. Probably that you get your case dismissed, because it's not one for an ET, and you feel a bit daft Or that it gets accepted, but you realise you have no actual evidence related to the case Some people deal with the stress just fine. Some don't.
  12. You can raise one against the company. I am not sure you have helped yourself much here. You certainly cannot demonstrate you have exhausted internal procedures. I wish I had better news.
  13. I don't either. Deduct benefits you received as a minimum. But; what is it worth to you, for this to be over with before Monday, taking into account you haven't shown us you have a terribly strong case, haven't followed (as far as I can tell) a formal grievance policy, and have not stated what your claim is in very helpful terms to the court? You said you were speaking to a lawyer earlier - what did they say?
  14. is it likely or unlikely they've made the place less awful? HSE is not for your benefit, but for that of other employees still there. Don't be sacred. Only a numpty takes a barrister to a preliminary. Chances of you paying costs are remote. It might get thrown out but then what have you lost? Would you take the offer if it was higher? Decide what you would take so if it comes round again you are not caught by surprise!.
  15. Your best shot might be failure to make a reasonable adjustment for a disability. But I would ALSO report to HSE AND see if you have an injury claim Can you demonstrate you have tried to mitigate your losses i.e. do you have job applications etc since it became clear you could not work there?
  16. If the case it truly hopeless, I don't understand why they need a barrister. The claim may be misguided, but it doesn't sound malicious. I am sorry i can;t give proper advice without knowing what your claim actually was. Have you tried calling the court? They are often very helpful especially to the lay person. You may also want to see if any hearings are scheduled for today or tomorrow that you can observe, so you understand what will happen.
  17. Do you have the letter telling you what will be discussed? Any clues there? https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals/preparing-an-employment-tribunal-case/
  18. I'm saying that your paperwork suggesting you have a disability is not the same thing as the court saying you had a disability in the relevant time period. It is the court who decide. I HOPE you wrote failure to make reasonable adjustments, but neither of us know that, because neither of us have the form! So I don't know if you have a case, because there isn't enough information to make that call. Fingers crossed though!
  19. So as I say, possible reasonable adjustments failure. You will need to provide proof you have a disability, if it gets that far. Difficult to advise further without knowing what you said you were claiming for in detail; try and get a copy of your form from the court.
  20. My belief is that:- 1) they haven't unfairly dismissed you - you have not been dismissed at all. Presumably if you were well enough to work again, you could turn up and work. 2) they haven't discriminated because of your disability - I assume everyone gets rubbish furniture! 3) you also need to claim within 3 months of the incident - it's been a year? You MAY have something in the area of failing to make reasonable adjustments - but the court need to decide if you have a disability. It's not certain. Therefore, I am unsure if you have a valid ET claim. My gut is saying it should be an HSE complaint, which is usually magistrate court, not an ET, to resolve https://www.compactlaw.co.uk/free-legal-articles/health-and-safety-at-work.html That would leave you making a civil claim for injury - no win/ no fee specialist lawyer for a view would not be a bad shout Report to HSE here https://www.hse.gov.uk/contact/concerns.htm
  21. I'm not sure. Working environment - I would have raised with the Health and Safety Executive. There is a difference between *causing* a disability, discrimination due to a disability, and failure to make reasonable adjustments. Bit grey for me; I am not sure I would consider you disabled at the outset if your surgery worked; but with a pre existing condition, it would also be hard to say they caused the injury. What exactly did you put on your claim form?
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