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About swift640s

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  1. Thank you all for your responses. We have now submitted an appeal but are not hopeful for any reinstatement, pleased to be able to share that Brian has already started a new job. Should he decide to take any further action after the appeal decision I will return for advice, but until then thank you all so much.
  2. Ok, further update. The letter has now been received and the reasons for dismissal are 2 counts of gross misconduct, 1: That Brian "committed a breach of safety and actions which seriously endangered the health and safety of another person while at work and damaged the companies reputation. 2: That Brian "committed a serious neglect of duties. Both of these then refer to sections within the company handbook. The letter invites him to attend an appeal meeting as I mentioned earlier and we have taken on board your responses to that. Will keep updating as we have news Also Brian had to attend the police station today where he has been charged with driving without due care and attention (2mph!) so now on top of everything he now has to wait for the CPS to decide if legal action is to be taken. Thanks in advance for your responses.
  3. So update: Still no formal letter advising dismissal and reasons. We popped a letter down to them prior to Monday which outlined other incidents in this area where no action was taken against the driver, and lo and behold we get a phone call this morning asking if letter received yet and advising Brian that an appeal meeting is arranged for Friday???? He has not even told them he is thinking of appealing, maybe out letter got them rattled. So when letter arrives I will advise the wording for the grounds for dismissal and in the meantime any thoughts if he should attend this appeal meeting?? Many thanks for replies so far, much appreciated.
  4. Hi All, So this is our current situation: 20th June 2018 my partner was involved in a RTC (Road Traffic Collision) he is an HGV Driver and was driving his trailer at the time. He clipped another vehicle which caused that vehicle to 'roll over' a woman, who was crouched down on the drivers side. Earlier when my partner arrived at the Recycling Centre this same vehicle was parked (in an un-authorised area and parked facing the wrong way : drivers side on pavement: and the two ladies were having difficulty as the ignition key had been broken in the ignition, my partner went to assist these ladies but could not retrieve the key therefore he helped move the vehicle forward so that he could get into the loading bay. On leaving the loading bay you drive around the exiting site, but before he could leave he had to ask for another vehicle to be moved (which was also in un-authorised space) he then pulled out to enter the weighbridge passing (3) vehicles which were all beyond a no entry sign, and as he turned to make the weighbridge he clipped the vehicle with his rear end, he hears a shout "stop stop" and stopped. In the meantime getting back to the vehicle, whilst my partner is working his way around the site, the ladies mother arrives and she is crouching down on the drivers side (presumably to assist with getting the car started again) so from a visual perspective when my partner is making his manoeuver he sees vehicles only. He does misjudge and clip the vehicle at less than 2 miles per hour. The woman sustains injuries and the emergency services are called. VOSA also attends and Brian is subsequently suspended pending full investigation. Brian makes a full statement to HR and the following week attends a meeting in the workplace to formalize the previous statement. Brian is then invited to attend a disciplinary action meeting Friday 6th July outside of the workplace. We have now been informed that he is dismissed from today's date, the reason being that the seriousness of the accident warranted dismissal. Having worked for this company for some time Brian is aware of the concerns raised for this area and lots of complaints have been made, other accidents in this very area where damage has been limited to vehicles only have resulted in no action being taken against the driver, therefore the reasons for dismissal is because sadly someone was injured, but how can Brian be held accountable for that? 1) He clipped the vehicle at less than 2mph, but obviously being an articulated lorry has moved the other vehicle which then in turn injured the woman, he did not hit the woman. 2) All mirror checks should no persons only 3 vehicles. How can he be blamed when the woman was out of sight crouched down? We are hoping that we have grounds for appeal and would like your help. I have copies of all statements, letters received, letters sent although the dismissal letter we have been advised is being posted out today. We have five days to appeal and to determine if we have grounds for Industrial Action. There is no union in place and Brian is not affiliated to any other. We look forward to your thoughts, thank you swift
  5. Thank you all so much for your advice's I will pass this on to him and see where it leads. My concern is that JSA is criteria specific in so much as you must be actively seeking work daily and with mental health issues I am not sure he will meet that criteria... time will tell thank you all swift640s
  6. Hi, My son had his work assessment earlier this year and he has just received his letter advising him that in the assessors opinion he is capable of work although the writer has recognised that he suffers from anxiety and depression this does not pose any risk to either himself or others in a work place. Where his 'illness' is more of the mind than the body he was able to demonstrate good mobility etc and therefore scored nothing. So the question is where does he go from here, and which is the department most likely to be of assistance to him. Will he be entitled to his housing benefit? will he have to reclaim that element of his monies? Same applies for council tax. Which living money would he be entitled too? UCredit/JSA/others? Help much appreciated people, in advance. Thanks to all. swift640s (aka worried mum)
  7. Yayyy ty so much DX, CAG is awesome. I will make a donation as soon as funds allow Brilliant
  8. Hi I have now received a notice of discontinuance of all the claim - I assume this is good news? Hope so, so thought I would share. Thanks to all for your input and for any further guidance I may need at this stage? Best regards all
  9. Hi Andy, Thanks for that. Much appreciated. I am inclined to ignore their letter as it was sent to the incorrect address although they have been advised twice of the correct one. I will think on it for a few days, I don't have the money anyway lol thanks
  10. Hi Again All I have received a letter from the Solicitor (copy attached) Your advice to if a response is required. This letter was again sent to the incorrect address, I have had confirmation from the court as to my new address and have also been advised that the case is stayed. Hoping this is just another 'let's try and get something out of her' letter and no reply is needed. Thanks in advance
  11. Hi DX and others I have received a letter from the solicitor to 'query if I have managed to formulate a response at this time' and advise a copy be provided by 8th May, you will remember that I wrote to them advising the new address and to say that I would respond within 14 days, then spoke with you guys here and did not reply at all instead I was able to update MCOL with new address and can confirm again that the claim is STAYED. Am I right now to think that, as before, I do not need to respond to them in anyway?, and just to be picky (lol) since I have updated them with my new address, both this letter and the one we discussed before went to the previous address... ....makes you giggle Thanks in advance for any help, got a busy day ahead so will check back later. Great day to you all Swift640S
  12. Hi, I brought a pair of glasses from specsavers later 2015, the offer at that time was 2 pairs for the price of one, one pair of which could be sunglasses. I had to have varifocal lenses and at the point of sale was offered to pay a lower price for the main glasses (as there were expensive) and not get the second pair offer, alternatively to pay a higher price for the main glasses and therefore qualify for the 2nd 'free' pair. I opted for the higher price to get sunglasses at a later date. In March 2016 I suffered a stroke and have been unwell since, however the last 4 or 5 weeks I have improved a lot and today went to specsavers to pick out the 2nd pair to be made into sunglasses. Specsavers now say that you only have 30 days after the main glasses have been fitted to order the second pair....I was not told this at the time and am wondering if this is somewhat unfair? Hopefully I can contest this in someway? Many thanks in advance for any responses. Swift640S
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