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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

JasJules

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Everything posted by JasJules

  1. JasJules
    What, actually, is your current complaint? The information set out above can be provided at the disciplinary correct? Thereafter you can decide what to do?
  2. JasJules
    If you were subjected to a detriment after you raised the grievance and issue, regarding say for example the health and safety of a worker (you), there may be a Whistleblowing claim - which does not require a qualifying service period.
  3. JasJules
    A previous claim does not matter, 2 in 30 years is hardly a vexatious litigant and a respondent raising that would be seen as quite desperate.
  4. JasJules
    Which would render the claim out of time......
  5. JasJules
    Sounds like you would seek to argue that the reinstatement results in a continuation of employment.
  6. JasJules
    Because some policies will have legal expenses insurance which may assist with legal fees should you have been minded to bring a claim.
  7. JasJules
    Do you have house insurance?
  8. JasJules
    Actually IME the only time things change is when someone sues (though often even then little changes within a firm).
  9. JasJules
    Are you considering a Constructive Dismissal claim?
  10. JasJules
    You need to be more specific. Exactly what do you think exists? You will need to identify what documents you say exist when asking the Respondent to disclose them then the ET. You will also need to state how/why those documents are relevant in order to obtain any order for disclosure (you can of course note that cost to the Respondent is NOT a consideration when it comes to disclosure). Simply put you need to be accurate. Anything else will be seen as a fishing exercise and will not be given.
  11. JasJules
    Proceedings as in a Tribunal Claim? If you have matters which are relevant to proceedings then you can make an application for an order to disclose it. It helps if you have asked them 2-3 times for the information and set say a 7 day deadline for response then at the 7 day point on failure send the chaser.
  12. JasJules
    I suspect this matter will be dismissed/ignored by a judge as an act of discrim but I will be very interested to see the outcome.
  13. JasJules
    Ah quite so a discrim claim may have some merit. Though I do agree that at this stage it would be premature to do so.
  14. JasJules
    Interesting thank you for that - that case disagrees fundamentally with previous law I have relied upon!
  15. JasJules
    I agree that the 3P "Could" have provided the documents upon request - depending on exactly what those documents were. We do not know if they are "relevant" in any event, though that would be a separate issue before the Court... However the bottom line is if you want documents from a Third Party, you ask, if they refuse, you seek a 3P order. They exist in the CPR and Tribunal for a reason..... Thus such a matter would not found a claim of victimisation..
  16. JasJules
    Mainly because you have a legal process and a party is not required absent specific matters i.e. an SAR to provide documents. A court order however is the correct course of action to obtain documents. Therefore a court will not uphold such a claim against a Third Party in this way. Then a simpler position, the third party is just that... It is therefore not a party to the original victimisation. Of course the OP can lodge a County Court claim notwithstanding what i have said above, but a reasonable lawyer defending will get the claim dismissed with costs.
  17. JasJules
    Yes quite so. However it is a matter for the impact statement to say how the issue/condition affects the normal day to day activities. Being unable to undertake housework and cook for example can be due to cognitive issues - it is not only physical disabilities that can be affected in that way. I quite deliberately did not specify physical or mental impairment as that all can be covered in the impact statement where relevant.
  18. JasJules
    you are conflating two positions - the first is being disabled and the disability impact statement. The second is that the disability affected the thought processes which are the subject of the disciplinary process, that is dealt with during witness statements ONCE you have proven you are disabled.
  19. JasJules
    Judge knowing barrister is not grounds for Appeal. There is clear case law on this. Even if one was a pupil of the other. Pursue other grounds but remember the time limits.
  20. JasJules
    You need to include as much detail as you can about how your health affects your normal day to day activities. If you think about the requirements of section 6 - then look at how to comply with it. i.e. does the condition have a significant adverse impact upon your ability to undertake normal day to day activities? Housework counts in this respect as well. Then has it lasted or is expected to last a year. I don't know if there are examples online this is a personal issue for each disabled person really. you could consider titles such as: History (when you first had symptoms, diagnosis time etc to show it is a year or more) Factors which affect your disability (so if you drive too far, stress etc and the things that you cannot do i.e. I can't do housework, I struggle to cook and clean etc etc) Management of the condition (i.e. what do you have to do to cope and of course setting out where such things do not enable you to undertake your normal day to day activities including what medication you may be on)
  21. JasJules
    They will be asking for a Disability Impact Statement. This does what it says on the tin. You would need to address the history of your illness, along with the impact it has upon you and especially with regards to normal day to day activities. You also say the Respondent has "asked" for those matters. Have you replied? It would appear that this is a matter which would require a jointly instructed expert report given the minutia of detail which would be affected including the difficulties you had at the material time. Also when you say you advised you employer of the same did you do so in writing? If so I would provide copies to the court. A lot depends on how you intend to fight the claim.
  22. JasJules
    The additional complaints may be dealt with as a separate claim at this stage, not least given you will need to involve ACAS in relation to this complaint before you can then lodge a claim in the Tribunal (and thereafter seek to join the two claims). ETA - also does your friend have house insurance?
  23. JasJules
    The silence is unlikely to be considered "victimisation" by a Court for a number of reasons (It is not clear whether you would ask the Tribunal to make such a finding or the County Court). However you can invite the company to provide the documents sought within seven days or you will make an application to the Tribunal for a Third Party order...
  24. JasJules
    Why do you say this? The outcome has upheld discrimination. This means injury to feelings awards can be made. The Claim can also be lodged whilst employed. However OP in your shoes I would attend the mediation and see what they have to say.
  25. JasJules
    Have you asked company F to review their decision and provide them with a copy of the original reference from M? And have you written to M setting out their conduct and noting you may take action. Do you have the wording (redacted of course) of the new reference?

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