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altobelli last won the day on September 7 2012

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About altobelli

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  1. I think you would have needed to raise the matter at the time with the bank in order to have redress from them. Problem is that the agreement is signed now and the three months redundancy, although not unusual in banking, is more than the statutory requirement. The time you were given was unreasonable, but the bank would probably have given you an extension if you had requested it in May, as banks generally (but not always) don't like to go against ACAS guidelines, regardless of whether or not they are legally enforceable, but I think unfortunately its too late now. In terms of the solicitor, it would have been better if they had made you aware of the ACAS guidelines, so you may want to raise the matter with them. But before doing so, you need to think what you would have done had you known and would you have received more. How much do you think you have missed out on by not knowing about the guidelines or having more time in May? In general, its better in banking to take independent legal advice on settlement agreements rather than go with the solicitor recommended by the bank, you tend to get a better settlement (appreciate that you did take independent advice though).
  2. I would suggest that you suggest that someone else should attend as note-taker, explain briefly why you don't want that person to (you don't need to go into detail about the nature of the conflict, just maybe say you have had conflict with the person and don't feel that they would be neutral). Make clear that you are willing to attend the meeting with a neutral note-take, but don't go if they insist on this person being note-taker. Make it clear that you're off with stress and that a meeting with this person would be more stressful, unnecessarily so.
  3. Ok, finally can address the question you posted yesterday, hopefully my post won't be deleted for disagreeing with a moderator! I think you've done the right thing, I think and hope that they are just chancing their arm, I would advise just to wait and see what they come back with. The onus is on them to respond now, and if they do proceed they should write you a formal letter before raising their claim.
  4. None of my posts were irrelevant, they were correcting a misleading post you made and responding to you follow up posts where you talked about 'irrelevant debates', 'splitting hairs' and 'giving genuine help elsewhere'. You made overly negative posts in relation to the OP's case, which can have the effect of knocking their confidence. I don't know if this was deliberate or not, but please consider the OP when posting - it is a problem on the site and is bad for users. Your approach is no way to deal with criticism or to engage in an argument which you are losing. Don't remove any more of my posts, I want another moderator to cover this thread - it takes time and effort to create them, and removing something just because you don't agree with it (and selectively removing my posts to keep your response in place) is a misuse of the moderator function.
  5. My aim is to help the OP, and ensuring that information posted is important, not 'irrelevant material'. Also, it is very important not to be overly negative when posting on this forum as it can have the effect of knocking the OP's confidence. Remember, people come here for support and advice, not to be put down or given the impression that they have less options than they do in reality.
  6. On talking to staff who are off ill, its reasonable to contact them, as long as the employer does so in a reasonable way. Top concern is the employee's health. On the note taker, I didn't think the issue was having a note taker present, more that the OP was unhappy with the choice of note taker given their history.
  7. I would suggest waiting at the moment until the results of the test come through. Hopefully you'll get the all clear, but you'll be able to quantify any losses better at that point. Psychological injuries are harder to quantify (in general, damages for work related stress are pretty woeful in relation to the injury suffered) and damages for potential psychological harm from returning to your work more difficult still. But damages for the difference between SSP and your normal pay are easier to calculate, although foreseeability and causation need to be looked at too. When are you due to get the results? Once you get them, you could speak to a lawyer (or CAB or a volunteer legal centre) regarding help with making an approach on settlement, you'll be better able to come up with a figure then. It might be worth waiting too, in order to have a think about whether it is best to leave or go back, I would imagine that your feelings are running high just now, you might be better advised to decide after receiving the results.
  8. Hi, sorry to hear about your experience, it must have been very traumatic. What is your situation at the moment - are you waiting for the results of the test? Are you off work, and if so, are you receiving full wages or SSP?
  9. Thanks for your reply. I would recommend finding out exactly what the meeting will involve and who will be there. Ask in writing if you can have an outline of what will be discussed. For your girlfriend, I would say to make a note of everything she wants to discuss at the meeting - if she can remember dates where she's raised concerns about stress previously, try and jot these down (you don't necessarily have to rhyme off a list of dates at the meeting, but it will help to prepare previously, so that she can see how many times the issue has been raised and what the manager's reaction was). The manager may be the type who will try and deny that he knew there was a problem, or to downplay any previous discussions. Also, mention the points from your last post relating to the cause of your girlfriend's stress - the main causes look to be lack of training and empowerment and a lack of management skills. She should mention her previous good performance in the other team, and how she wants to succeed and believes that she can with the right training and support. Would a move back to the previous team be an option? You can say that your girlfriend doesn't feel the manager is a bully, but that the problem is more due to his approach to managing stress and lack of recognition of the problem. Its not necessarily bad on him if someone suffers from stress as long as he does something about it, but a lot of managers are wary of acknowledging that someone they're responsible suffers from stress, hence his 'stress doesn't exist' type argument. Also be sure to mention that she feels badgered by the calls about when she'll return to work and that these are adding to her stress and hampering her recovery - maybe suggest at the meeting that she calls weekly to give an update. Beware of HR if they're involved, there are some good people working in HR, but mostly they'll try and cover for management. You might want to think about whether there's a more senior manager your girlfriend can speak to depending on the outcome of the meeting. A good doctor should be able to help with advice on what reasonable adjustments the company could make to help with your girlfriend's recovery, maybe ask your GP if they can advise. So, I would say your girlfriend should go to the meeting, but go prepared. If anything unexpected comes up, e.g. she is accused of not being capable of doing the job or her manager lies, advise her to say that she was not expecting this and ask for an adjournment. Decide on the next step after the meeting, but hopefully the meeting will be an opportunity for your girlfriend to ask for the situation to improve and for some adjustments to be made. What sort of size is the company - is it a large employer? And what is the broad nature of your girlfriend's work? Longer term, your girlfriend should think what is best for her in the long run. If the situation doesn't improve, one approach would be to advise her to find another job and then leave. This is an option which might be for the best, but it needs to be weighed against the stress which might be felt later from the feeling of being forced out of a job by bad management. This is a difficult decision to make, and is really down to what your girlfriend feels will be best for her in the long run, but its difficult to decide without the benefit of hindsight, she might leave and move to a better/worse job, or stay and things get better/worse. But this is something to consider after the meeting, depends on the outcome to an extent and how much your girlfriend likes working for this company.
  10. Hi, what's the route cause of the stress, is it bullying, overwork, etc.? Your girlfriend's manager needs some training in order to do his job properly.
  11. Good response, they're probably just trying their luck, just make sure that you clearly dispute any liability in any other correspondence you have with them.
  12. 1) It is relevant because you said "Remember they can dismiss WITHOUT REASON as OP has less than 2 years service". This is the common misconception I referred to. 2) Yes, you did.
  13. Its a common misconception that an employer can dismiss without reason if an employee has less than two year's service. In fact, certain areas such as discrimination are protected and don't fall within the two year rule. I would never recommend going to an investigation or disciplinary and grovelling, its bad for self-respect and is counter-productive - if the investigation is an honest one and the OP goes in grovelling and taking blame for thins which aren't his fault, he will be left without a leg to stand on if he then tries to argue his case or if the investigation goes against him and he wants to appeal. doomsponge, its an investigation, so it really is about presenting a defence that makes it hard for them to dismiss. I'd concentrate on defending the allegations against you, ask for evidence where necessary, e.g. what is the evidence you weren't using a hands free. Apologise where you're in the wrong, and don't go in all guns blazing, but don't bow and scrape either.
  14. Not really, depends on how one defines 'raising issues' and 'arguments'.
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