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JasJules

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Everything posted by JasJules

  1. Quite possibly then she is someone who wants to be "in" with the younger people and doesn't like her own age... However, once you have a list of "events" you can then review them after the event and with a second viewing (and ideally a friend who is honest) and see if they seem like a pattern which suggests unfair behaviour or just poor management/general people management.
  2. Yes quite so the main issue tends to be people have been sacked or quit when they bring a claim, or in the alternative they suddenly become redundant/managed out etc when they are "difficult" (or as I like to think of them, people who want to have their legal rights)..... As always, the question is what does the OP want to achieve, bearing in mind possible consequences and given the caveat that he can not afford to quit work as they need the income.........
  3. Yes I do also. But the best part is reading documents where the other side spell judgment incorrectly......... Oh BTW OP does your friend have house insurance? Or any other policy which may present a legal expenses policy?
  4. He may be being victimised (please note the spelling in the UK At which point he needs to consider what to do next. If he wishes to engage a lawyer, does he seek to claim CD (if so steps need to be taken to give the best chance of this)... Has he really looked into the reasons previously provided etc because reasons given ATE often do not stand up to scrutiny for fairly obvious reasons. The question really is what does he intend to do about it? What is the bottom line?
  5. An employer may reject an adjustment however of course what is a reasonable adjustment is determined by the Tribunal, which can obviously include matters which neither the employer nor employee "thought of" or requested. Also bear in mind "day to day activities" does not only include work but also many other things such as gardening and socialising, shopping and so on.... I also assume he has signed to confirm he has opted out of Working Time?
  6. You appear to misunderstand the law of detriments in relation to the making of protected disclosures etc. Also have you really looked into the "good reason" which may have materialised post complaint.........
  7. Hmm, is she by any chance more friendly with the younger staff and are they more her own age? Does she for example go to the pub with them some lunchtimes or evenings whilst the older people go home to their families?
  8. Unfortunately the question is what action is he ready, willing or able to take? You say he still needs the job to pay the bills and regrettably that often means not rocking the boat.
  9. Congrats. In your shoes I think I would just leave it for two reasons. The first is it shows your maturity in just accepting they made a mistake. The second is that in the event your manager tries similar in future...........
  10. Thanks but I've known won Tribunal Claims because people set up exactly such a paper trail.
  11. Depends on just how peeved you are. You can go right now to HR or her manager and complain, you can lodge a formal Grievance (subject to your company policy) about discrimination and differential treatment. Or you can wait it out, note and record a few events (and some people would suggest sending an email every now and again saying "I was disappointed you didn't give me my requested time off for a serious family emergency when you have gave Y, a much younger person, time off for a mere "party"..... So as to have a physical record.)
  12. Well the OP stated "Too many Doctor's appointments" which is an absence, well, unless he took those doctors appointments in his own time which would be odd that they would be concerned with it (unless they are a wonderful employer checking on his health to ensure he is not disabled of course, but IME that is rare...). But further discourse is indeed unlikely to generate success absent more details from the OP.
  13. Annoyingly I can only find reference to Mills as above. I suspect the earlier case law has now been removed assuming my recollection was correct. Interestingly I have also found a case that says if the company name is wrong in the ACAS Certificate this is not a barrier to pursuing the claim when correctly cited in ET1. And a case where a second respondent may be adduced to a claim even when not noted in ACAS using the case management terms in Selkent.
  14. Will have a root around. I must confess I tend to just double check against PL or Lexis before making assertions to the Tribunal in any event and as yet this issue has not arisen in recent times so it was just a consideration in the back of my mind. Will get back to you.
  15. A Medical is more likely to be an exam to ascertain the overall health, blood and urine tests and so on (standard before engagement in many businesses). An OH assessment is to ascertain if the individual has any medical issues and in an ideal world if there are any adjustments which may be needed. A scattered absence may be indicative (according to superior court decisions) of a disability and an employer should be alive to such an issue....
  16. It was sent out under the Employment Lawyers notices that I have. just was that any element of a claim not previously referred to Acas had to be. I can possibly find in Lexis if you are desperate for an actual case.
  17. Hmmm have they referred to OH? They may be at risk of a discrimination claim .
  18. No you are not required to undertake a hearing outside of your working hours (unless they are paying you the overtime). You should also be provided with the evidence in advance...
  19. Did you bring any claim regarding Judicially Reviewing the decision of the GMC? Were you not advised to do so? (do not set out any legal advice obviously). Was the decision of the ET within the last six weeks? (an EAT Appeal may, and I stress may, be possible)
  20. You don't really need an SAR particularly, simply ask them to provide all the evidence they have at least five days before any hearing in order to ensure there is a fair process. Bear in mind an SAR allows 40 days to reply. Your process SHOULD be finished by that point.
  21. There is as well the above the option that you can Appeal. Furthermore, have any other employees in your firm been found "guilty" of the same issues? Were they dismissed?
  22. For many they know they will be dismissed for Gross Misconduct and thus it is "safer" to avoid this pre-determined finding.
  23. 24 hours is not sufficient notice to hold a hearing, though in any event as a former employee you are not required to attend in any event. That said I would email them and explain the above and also note your explanation as to the general moving of monies and name the individuals who can confirm this.
  24. Firstly ask your employer where the investigation meeting has gone............ It all depends on how aggressive you want to be and how keen you are to not rock the boat much. You could inform them that you consider any disciplinary hearing to potentially (given the failures you set out) be constructive dismissal ....
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