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BELINDA1066

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About BELINDA1066

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  1. Thank you Andyorch - well said. Right back to the thread. Spoke to a barrister and ACAS today. Both agreed that it can be a grey area re whether a job applicant who is under "investigation" by their current employer (i.e. a pre-cursor to possible disciplinary action) should inform a prospective new employer of such information. There is no duty to inform once the new job has commenced as per the case of Bell v Lever Bros. It so happens that my friend only found out that she was dismissed from her old job, three weeks ! after leaving her former employment when she received a lette
  2. Hi all. Just a quick update .. .. and a response to the trolling abuse which has now appeared to sidetrack this thread. Update - The facts in the post were based on a merely hypothetical scenario in order to protect various parties. The Police are now thankfully involved and progress is being made. The disability issue was a red herring; the friend is actually a person who has encountered sexual harassment and bullying issues. [removed] -dx are not the employer; I picked them because I bank with them, and they are in fact a good bank. My friend's
  3. Watch as much as you want - you do not know all the relevant facts. Simply fishing, and will update once the actual facts can be revealed. Apologies for typo.
  4. Thx for further feedback Sangie. The principal act of discrimination occurred in her former employment and she will now pursue that via ET and will also clear her name re unfair dismissal , but as a breach of contract in County Court. No fees will be incurred upfront as she is entitled to an EX160 waiver. Acknowledge concerns re possible abuse of disability law, but I have no quarms about that because it is not an abuse, and you do not know all the extant facts, correct name of employers etc . Re the "late" reference ; for the umpteenth time i reiterate that this was done as
  5. For the main part I agree Sangie. But you may be mistaken on two counts. largely bcos you are not familiar with all the facts. 1) You state ... "She knew she had been asked this question, and knew she had been subsequently dismissed and still said nothing". After she had ticked a box in app'n form whch asked if she had ever been dismissed from work, which at time was true, then there is no implied duty in law to disclose events that transpired thereafter .... a ruling that has survived for some 90 years - http://swarb.co.uk/bell-v-lever-brothers-ltd-hl-15-dec-1931/ 2) You al
  6. Agree Sangie. But, she has some other angles. You refer to semantics ..... in that regard what are you referring to ? Found out. Was manager who victimised my friend at old job in London. Same manager put her on suspension day after she raised a grievance against same manager for alleged discriminatory conduct. Manager made call to new employer without permission of their employer ! Have called in the Police and they are interviewing ex manager for criminal harassment and disability hate crime.
  7. Does ex employer know where you are working now ? If she is a complete arse she may call them up and accuse you of being a thief. It happens. Are you protected in any way under the Equality Act ?
  8. A friend applied to join them 7 months back (early July 2016), and commenced work in mid August 2016. As part of Job app'n to join them they had to complete a " reference information form". First I'm wondering if any members are currently in the process of joining them, or have recently joined, and have seen the above form, and recollect or know it's content. There's general info on the their website, but the actual form is not available to review. From what she recollects there was a box to tick asking if she had a record of disciplinary proceedings . Truth wa
  9. Thanks for reply OP. The 3 year maximum timeframe between reviews for those in the ESA Support Group is a myth. It's just guidance. Increasingly, folks on SG are being left alone as there are more "low hanging fruit" to target. Did you contact the DWP to ask for a review, or did they contact you/ your Mum ?
  10. May I ask the OP what was the time period between your Mum's last ESA review (possibly a migration from Incapacity Benefit) and this current re-assessment. In my area I come across a lot of ESA claimants in the Support Group (mainly with mental health impairments) and many have not been reassessed for 4-5 years and more. Moreover, I have never heard of a letter invite to an open day. After the long delay since returning your ESA50 it may be that a decision (likely positive) will be made on a paper based review only. If your Mum had to attend a face to face assessment I'd have thou
  11. Hi AW248. Happy to help - have assisted many claimants in Support Group through the process. To get some background pl answer some, or all, of the following queries : 1) When was your last ESA assessment (may have been migration from Incapacity Benefit) ? Was the outcome of your last assessment based on a face to face assessment or was it just paper based ? I get the impression that you were placed in WRAG to start with. 2) A period in excess of five months is one hell of a long time to be invited to attend a medical. How much notice were you given ? Did you re-schedule an earlie
  12. How does OP, or fellow members, think the DWP found out about this ? A snitch maybe ? If the facts are true then surely a simple compliance interview would have sufficed ?
  13. Am due to attend the above medicals in support of a claimant. Was wondering if anybody has been to a PIP/ESA medical in the past year and what questions were asked in respect of mental health issues specifically. I know that there are lists of questions typically asked by assessors on the web etc, but am particularly interested in recent trends and any "trick" questions. Thanks
  14. Based on what you say I would be hopeful that your claim will be approved. The inference that they are waiting for info from med profs may just be a lie and it's simply that ATOS and/or the DWP Decision Maker are a bit behind with their workload. Out of interest was your claim related to mental health issues and if so, it would be helpful to hear just what questions you were asked at the interview.
  15. Did you consider asking for the assessment to be recorded ? You can for ESA Work Capability Assessment. Sadly, it is not always a good idea to be truthful to the Health Professionals. Best to say you do not drive, cook or go shopping !
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