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  1. LOL the French are special for sure. Do we still need to carry a breath test kit in France anyone? Thanks.
  2. IMO the current test is far too easy for learners, we watched a young girl trying to park in a bay at a restaurant, she had 11 attempts to get in and 9 to get out again..she was in a new Astra with a P plate and 3 of her mates..heard saying " I hate parking it's so hard". The ADI testing is also being revised, in fact all of this is BS just the DSA pretending to review stuff.
  3. Hi honeybee13 and ericsbrother, Thanks for comments! I had said to my wife that, I didn't hold out much hope of winning the case from an early stage, the Trust held all the cards..any witness we could have called or had ordered to appear had already been threatened with disciplinary action for even speaking to wife. In fact the judge said at one point..you could have made an application for a witness order..well that's all well and good however, you can not cross examine a witness brought to the hearing by order.. The good news is that wife has recovered and started a new job recently..she had suffered a total loss of confidence. We still worry about the wrongdoing and cover up. Thanks again..
  4. Hi Kirjava, and thanks for your post. We lost the case though, it didn't come as a surprise at all. The other side produced a host of spurious documents, a total of 8 witness's who's accounts of events were far from factual. From the start their solicitors gave us a huge run around with the bundle, any document that helped us was virtually illegible, requests for clear copies resulted in some documents being reformatted even turned up on different letter heads. We ended up having 3 case management hearings, at the last one 4 weeks before the full hearing their sols gave us a whole new bundle this was bundle number 3. Judge X was down to hear the case however Judge Y heard the case, at one case management and on the way through security we overheard the solicitor asking for Judge Y by name. The Judge made a point throughout of stopping us mentioning anything about the wrongdoing, the stock answer each time was The respondents accept the disclosures. Yes sure, their defence was that the manager had filed the disclosures away and not told anyone..pure tosh..as a consequence the claimant could not have been treated detrimentally as no one knew about the disclosures.. Check out this link 21 ways to skin a whistleblower Anyway it went on for 4 days with a full house of managers and staff all sat there either nodding or shaking their heads as the hearing went on, the judge had to tell them in the end, it was difficult for the other half already on medication and all meant to intimidate her. In the judgement apart from the manager who was disciplined for not acting on the disclosures the rest was way off the mark however, we did not have the fight left to appeal. Our case was well prepared with supporting documents and relevant case law, every word of it was ignored. It does not end there because, as we understand matters, a report has been sent to the Coroners office I can't say more on that, only that during the Trust's internal investigation some staff had two Unison representatives and looking at the questions exercised their right not to self incriminate. On the other hand Unison refused to assist wife with her case, even suggested she had not been a member long enough..BS. One very salient message came out of all this journey is that, NHS Foundation Trusts are actually not properly regulated. Firstly, regarding the CQC the Trusts have the power of self investigation, the CQC in our case i.e. the whistle-blowing accepted the Trusts versions without question even the the serious nature of the neglect. Secondly, NHS Foundation Trusts have another regulator Monitor, this regulator has only interest in the question " Is the NHS Trust in question well lead" that's it. If the Monitor decides to remove Directors, the Trust in question can even select the replacement directors. I'm sure I read some article saying that the care Minister has little power over NHS Foundation Trusts..might be wrong I'll look for it. Naturally, this whole issue is complex and I'm sorry that I can't lay out everything here but, hope you get the flavour of things! Thanks.
  5. Hi JeneiMac, Thanks for that..the case has now been heard and we are waiting for the judgement.. Thanks..
  6. I have a question regarding Union matters: If a person makes a protected disclosure to an in house NHS Turst union rep regarding safe guarding of vulnerable adults in written format, what is the Union rep's responsibility and what should they do with the disclosure? Thanks..
  7. obiter dictum, On this point : "PS: A union is not a recognised body to make a protected disclosure to under Public Interest Disclosure Act 1998" That is incorrect, under Section 43 of the act if the Employer has Trade Union Recognition for the purpose of Collective Barganing., Are you saying this is covered by 43 C (2) Nev.
  8. King12345, you know, the NHS is loosing good people daily, the ones with compassion can't actually cope with it all..I'm getting old now though, I can remember when the matron's office had a huge window over looking the ward..when matron said jump..the only question was how high.. There are some fantastic people working in the NHS, it is still the envy of many countries but, IMO we need to get a grip of the wrong culture that has thrived within.. But hey, this not a new problem, remember the brain drain? Nev.
  9. Thank you UB67, there are quite a few cases where similar complaints have been reported to the ET however, they take the view that the parties should be able to agree a workable bundle consequently, they often will not intervene. Would also like to say that we must not forget that the over riding objective is patient care and a better NHS for all service users. To expose cover up and bring those responsible to account. Regarding the public forum: In the interest of justice for those who have or contemplate action in the ET due to being victimised by an employer, even though the government have introduced steep charges for filing..hopefully anyone reading may get some benefit from our open discussion.. Though, we do appreciate your concern, thank you. Nev.
  10. Hi King12345, yes that has cheered me up no end..thanks. We have read many such cases of this kind of tampering ...it can show that the other side are on the back foot.. We have asked the solicitor to act in a professional manner or we would be forced to take the matter up with thier complaints procedure and the Solicitors Regulatory Authority or the Law Society. Nev.
  11. The bundle has arrived all 1200 pages of it... the solicitors have put a few of our documents in but, these have been copied so faint they can't be read also scattered around like confetti. The important docs have been left out in total. Looking at the grammer in thier investigation docs it's quite obvious they have been cut and pasted, we have applied for an inspection order which, thier solicitor is objecting to.. We are thinking to produce a mini bundle to go with our statement on the day with clear copies and cross referenced to the main bundle.. Anyone got any thoughts on this? Nev.
  12. Well OD, Again, I can only tell you from personal experience, it's not a predjudice at all and you appear to be continuing the tangent. I would be more than happy to post the letter from the regional office. Have ammended the above post 28 as the letter starts based on the limited information.. The fact is that some union reps are very good I hear however, some are not. Unison also claimed that the issue pre-dated membership which was totally not true. Just want to say this: OH had a meeting with the Unison rep and gave her all the documents including the protected disclosures..3 weeks later the Trust tried to fire wife..The reason we rang the rep 15 times or so was to ask her what had she done with the documents, who did she give the information to? No reply from the calls or texts.. What do you think the reason was for ignoring all contact? Nev PS: A union is not a recognised body to make a protected disclosure to under Public Interest Disclosure Act 1998
  13. Hi, we did get the Unison regional office involved, they contacted the local in house rep..wrote a letter to us like.. Based on limited information what has happened here..you have been disciplined for misconduct and now you want to make a claim at the ET...went on to say..It's not unusal for an individual accused of bullying to launch a counter claim..there would be an investigation and at some point a conclusion would be reached..allegations of patient care would also form part of the investigation..without the referal from the local rep no merits assessment would have taken place..Taking all the points into consideration this is NOT a case Unison can support.. To be fair..we did not send the assessment forms back to them but, they felt they had enough information from the rep to make a judgement call on the case. What they failed to consider is the time frame involved when filing an ET claim also pronounced OH guilty in advance. we then went looking around for info re Unison representing people and a polithera of tales of woe emerged..one quote was nice " Unison are as much use as an ashtray on a motorbike":-) Think there is 6 month time limit for complaints under Trade Union Labour Relations Consolidation Act 1992
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