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shelllanc

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About shelllanc

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  1. Not wanting to scaremonger, but I know people who are being dragged into reassessments up to 3 months after appearing and winning tribunals for ESA, I have one I am having a running battle with who was given the reassessment for (ESA50) a week after appearing in court and getting into support group, she has mental health problems, and this is tipping her over the edge. The judge recommended a 2 year wait before reassessment from the date of the tribunal, which was put on the decision. However when I spoke to ATOS and DWP supervisors, they informed me that they have now been told not to take notice of these comments. They legally are not binding, although in higher courts obiter statements are, so its arguably bad practice to ignore the judge. I am compiling data from anyone else who has faced these reassessments under the same circumstances,
  2. just a little update on this, tribunal has been set for a 3 day hearing against CAB my previous employer. It turned out to be a ruse to stop me becoming employment rep, they dug around and "discovered" a news article they didnt like. It is also a breach of your political expression if the comment is political in anyway and it happens after June this year. We have a good strong case, so if anyone does have this happen dont give up and fight them if you can..
  3. It says only friends on the privacy settings, Ive since checked it again, its definately friends. Yet the print out says 2 mutual friends, on the side and it gives a snapshot of the last few posts and details of me, that should have been private. Just want to warn others to be careful, apparently its the biggest area of reasons for misconduct at the moment, and with the new employment laws last year, anyone with less than 2 years service from April 12 cannot raise a claim in the Employment Tribunals, unless its covered under special circs..
  4. A word of warning, my facebook privacy settings were set to private. I worked for a well known charitable advice agency, and after 7 months was pulled into a disciplinary, and shown a snapshot of my wall, where there was an article on the BBC posted about the lifting of regulations for EU nationals from certain countries allowing them to have access to public funds. I must have liked it on the BBC page, and it showed up on my wall that morning along with the comments left on the BBC website from others. The correct procedure was not followed with the meeting, ie I was just told to bob in for a chat a few seconds before, was not warned beforehand etc. I didnt even have my glasses so couldnt see the article properly. I have done employment law at Uni, and knew that this was wrong. I denied having any racist feelings, but the HR accused me as such. Made me make a statement where I denied putting it on my wall, and when I told her my wall was private anyway she showed me on her wall how she had accessed the information, A snapshot appears when you access through a mutual friend! This was a clear invasion of my privacy and I have made numerous complaints to the head of the charity itself, as my work record was more than impeccable. We were facing redundancies next month, and I believe it was a ploy to get rid of me with no notice. I submitted evidence that facebook can post on your behalf, when you like an article, and also that the privacy settings were set to private, but I was told by my boss, I had to resign or face a second interview the next day where the likelihood was that I would be fired for gross misconduct for being racist. All totally wrong from an organisation that advises others every day on employment rights! I couldnt afford to have this on my record as I am newly qualified,and have just spend years getting my law degree after my divorce. I did not want to jeopardise my work record, and after getting upset resigned. I did not sign the letter, and my immediate bosses told me their hands were tied by the HR dept, who they outsource to. I have retained a good reference. I am currently trying to get some pro bono assistance to help me take this further, as I hadnt been there 2 years I have no claim in the Emp Tribunal, unless they will bend and allow it under the Equality Act, however I possibly do have one against the government because they failed to give me adequate protection against freedom of expressing my political views in an ET court after a recent ruling said that article 11 covers freedom of political expression as well as religious. Just need help as its out of my league as an advisor.. So be careful what you put on your wall and NEVER trust work colleagues as they may be your friends, but when push comes to shove and they are faced with them or us situation in redundancy they may choose to cover their own backs and stab you in yours!
  5. I have been filling these forms in for 7 months now in my job as Law Advisor for CAB and can tell you they are designed to make you act defensive, and trick you.. Im quite an expert now.. its all about what you NEED not necessarily what help you get. And the questions are designed to make people instantly think of bodily functions as helping go to the toilet when in fact the questions mean any help you get with anything classed as a bodily function ie sight, touch, getting around, moving etc Ive set up a facebook page designed to help with some of these questions and other things called fightback
  6. hi firstly dont panic, you have been through far worse Im sure. I work for Citizens Advice, as a law advisor, and we get clients in all the time like yourself, we are also good at helping deal with this kind of problem and any pending appeal against overpayment. I urge you to go to them, if you go to a bigger one that has caseworkers you will find them very helpful. Also may I suggest that you dont panic, as this is what FTC expect you to do, which saves them work in the long run. Ultimately its better to be honest in the first place, but if you were entitled to the benefit anyway with your partner then they may use their discretion and offset any amount against any overpayment for the period you were paid as a single claimant. You can request telephone records if it goes to appeal so if you notified them it should be noted, although I would always urge people to notify DWP or Tax Credits in writing and keep a copy as an extra back up, as its amazing how many "go missing" I hope you get it sorted,
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