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Everything posted by dori2o

  1. Hi, I've been working on a project team for the past 8 months. It has been acknowledged by those in charge that I have contributed a significant amount to the project, including doing work in my own time without request from the management. Those on the team who know the situation are extremely shocked and annoyed that I will not be making the move. Others believe it is completely unfair given my contribution and subject knowledge. This project is now moving to another floor in the building. Due to disability I cannot evacuate from higher than the 3rd floor, they are moving to the 7th. I have been told I will not be part of the project from 31 May. I have been given just over 2 weeks notice of this. When I asked if it would be possible to remain on the current floor and stay as part of the project team I was told NO. They are relocating me back into a business as usual (BAU) team on the 2nd floor. I believe they have taken no consideration into reasonable adjustments to have me remain on the team. Does the fact they are relocating me onto a BAU team mean they have satisfied their obligations under the EA2010 to make reasonable adjustments? I apologise but if possible I need an answer asap as the timescale for change is short. Many thanks in advance.
  2. I've suffered from a chronic pain condition now for some time which has in the past caused issues with sickness absence. I have sevberal reasonable adjustments in place and I had been managing the condition quite well for the past 6 months or so. This past few weeks I've been struggling with the pain, but my quality and quantity of work has remained as high as ever. In fact in order to keep myself distracted from the pain I have been doing extra work on top. However, this past few days my direct manager has been trying to convince me to go home. I know she means well really but I don't want to go home.I'd be in pain at home anyway and I'd have less to distract myself with. I've told her severaltimes when she has suggested that I go homethat I really don't want to and would be happier sticking it out for the rest of the day. I came home early today because I felt I had to given the pressure that I was put under to do so. I have adjustments in place that allow me to change job roles during the day so that I can stay focussed on work and not on the pain. Does anyone have any advice.
  3. Hi, I have to be careful as I believe that I am being monitored on external websites by my employer. I am disabled. I take various medications including high strength opioids, some of which are transdermal ( a patch or plaster which lasts for 3 days at a time) and also some which I take throughout the day. I have seen the Occupational Health several times through work and each time they have agreed that my condition is likely to be covered under the Disability Discrimination Act/Equality Act. The most recent assessment was in August 2014, and each assessment states that whilst I am never likely to be free from sickness absence given the nature of the condition, I am fit to remain in work whist I maintain my routine with medications etc. The Fentanyl patches are relatively new and have been in use since June this year, the rest of my medications have been in use for the past 5 years or so. I work for a Government department in a Customer Service Centre. I have had my current manager for the past 2 years. Yesterday my manager called me to a meeting. She is unhappy that I am in work 'under the influence' of these 'drugs'. The side effects do leave me drowsy at times and she has seen me struggling to remain awake at times, though this is certainly not every day nor every week. She has said she wants to have another Occ Health assessment as she feels it's possible that I am unfit for work, however, she also wants to start disciplinary proceedings for attendance issues. I have had 16 days absence in the past 12 months, with 13 of these days related to my disability. 5 of these days have been discounted as I have a 'reasonable adjustment' to discount 5 sickness days a year where these are related to my disability. I beleivethat she is looking to either a) terminate my employment on the grounds of capability, or b) prevent me from taking medications in works time. I can deal with a) as I can prove that I am capable fo doing my work to a good standard and within the KPI's set given that I have all my monthly coaching reviews which prove that I am exceeding the standards for all KPI's. It is B that worries me. The taking of medications takes no more than a couple of minutes. I have a reasonable adjustment in place to have additional breaks for this and to get up and stretch/walk around as necessary. Without the meds I would not be able to function due to severe and unremitting pain. She also made reference to my driving. I do no driving at all for work I merely drive to and from work. I am aware of the new laws around driving and I take those into account every time I get in my car. Previously my employer has had the stance that how I get to and from work is none of their business, and they will not give allowances under reasonable adjustments for this. They have previously refused my applications for homeworking. I used to have Access to Work funding buyt the Taxi company withdrew their service after several delays getting payment from the DWP, despite the fact that I always paid my share on time. I have contacted several other taxi companies who are willing to offer an account but unwilling to accept Access to Work contracts due to their previo9us experiences egtting paid. I cannot afford to pay £60 per day upfront even though I would be able to claim the majority back at a later stage. Any help appreciated.
  4. How do you work that one out. It‘s a problem because a) I take medications, for my disability, at work which takes time to measure out and take, and b) it takes me longer to get to and from the kitchen/drinks machine due to the mobility problems I have. Therefore the 5 minutes logging on time isn‘t long enough and IMO the adjustment is to extend it by 5 minutes. It wouldn‘t matter if I got to work 1 hr early, the 5 minutes logging on time still wouldn‘t be long enough. It‘s the logging on time that is the issue.
  5. but then I‘m losing out on the 10 minutes flexi. How is that fair? it may onl be 5 or 10 minutes, but 5 or 10 minutes a day for 4 days a week, 52 weeks a year is a lot of time. then there are the days I get to work at at 9:45 or even later, in these cases I would be losing a further 5 minutes. The employer is already doing everyone out of 5/10 minutes every day by not counting the time that it takes to turn on the PC and for it to load up as ‘working time‘ for the purposes of the time sheet. I don‘t know about anyone else but I consider that as I need a PC to perform the duties of my role, then turning the thing on is part of work, and so the time on the time sheet should reflect this. They claim it isn‘t part of the working day. I was always of the opinion that reasonable adjustments were put inplace to help those with disabilities, illnesses to be on an equal footing to those without medical issues/disabilities?
  6. It‘s not that sort of deal. It‘s not like there‘s a hooter that goes off at 9am and that when you start and finish at the hooter at 5. Generally it‘s not possible to get in any earlier as I get my kids ready for school in the morning whilst my wife works then I go raight to work after they have gone. Whatever time I get in is the time I log onto the system. So like today, my shift is scheduled to start at 9:45, I arrived at 9:30 as traffic was good. I turned on the PC at 9:30 and waited for it to load up and logged into the system at 9:35, so I put 9:35 into the time sheet as my start time, therefore I gain 10 minutes ‘flexi‘. By the employers rules then I have 5 minutes to get all other systems up, get a drink, get seated and settled, take my meds etc etc. If I go over that 5 mnutes it automatically goes onto a discrepancy list and I get questioned about why its taken longer than 5 minutes. My argument is that it would be entirely reasonable to extend that 5 minute logging on period to 10 minutes to allow me extra time to get a drink and take my meds (which involves measuring out meds with a syringe), get seated and comfortable etc before taking the first call.
  7. Recently I have been awarded access to work and now get a taxi to and from work. my employer has taken the stance that this change now means that as I don't drive to work any longer that I am somehow pain free in the morning and so don't need to take my meds when I get to work and should instead take them at home.My argument is that a routine has been established and that changes to that could be detrimental to the management of the condition.It is my belief that it is reasonable for adjustments to be made to a) allow longer than 5 minutes for logging on in the morning due to the need to get a drink etc which takes longer to do with limited mobilityb) allow time within this 'logging on' period for me to take my morning dose of medications (all other doses I take during my morning/afternoon breaks and at dinner time, so in my own time).I'm not asking for the logging on time to be extended to 30mins or an hour as that would be stupid, I'm merely asking that it be extended to 10/15 minutes to give me time to get sorted before starting work.Any advice appreciated.
  8. Hi.I have various reasonable adjustments at work, but I'm struggling with my employer over an issue that affects the very start and end of the working day.We have to fill in a time sheet sort of thing which shows what time we arrive, what time we have dinner and what time we leave. You are not deemed to thave started work until you have logged into the computer and logged onto the system. This can take 5/10/15 minutes depending on any system updates that have taken place, or whether your PC decides not to play ball.After that you have a maximum of 5 minutes 'logging on time' before you have to start taking calls (call centre). The 5 minutes is there to allow you time to get your equipment out, open all other necessary systems, get a drink, get comfortable, etc etc.I have problems with chronic pain and mobility, therefore getting a drink etc takes me longer to do.There's then also the issue of my medications.I have a specific routine with my meds which I have had for a couple of years. My meds are taken at the same time every day and this helps to manage the condition.Originally this routine was set around the time I got into work. I wouldn't take my meds before driving into work due to the nature of them, so I would take them after I had arrived. Some of the meds have changed but the routine has stayed the same, i.e. I no longer have any modified release pills that have to be taken 12 hours apart.Recently I have been awarded access to work and now get a taxi to and from work.
  9. I just thought I would update. We've so far had no response from the department at the council who deals with this following our email last week so I've sent a further one direct to the leader of the council. I've also sent a copy of the original email to the department which deals with blue badges. We were advised to do this by a guy who used to be a local councillor. Hopefully they will come back with something. Hopefully we'll now get some form f response even if it is a 'Tough Luck' message at least then we'll know where we stand and I can help my family member to fill in a new application. Thanks for the advice so far.
  10. Just the one badge. I think you are right. I just hope it's not another 2 year wait like it was last time. With my luck they'll put in an objection to the new application just to annoy me.
  11. Unfortunately not, it's a 130yr old Terraced house with a small front yard and there is no access to the rear for vehicles (not wide enough)
  12. As it stands I'm not suggesting that we should have priority. I'm miffed at the fact that we did all the donkey work to get the bay and our family member is now completely unable to use it as it's being (deliberately IMO) blocked. But he was happy with the previous first come first served arrangement. When he was unable to drive for 2 weeks last year we told the woman that he was going to have the car moved to the car park at the back of the houses opposite our house so that he wasn't blocking the bay. He wasn't using the car so had no need for it to be close to home and he's the only driver. She said she appreciated that and we thought that all was OK. It was when he started being able to drive again that the problems started. If she's not using her car for whatever reason, whether its because her son is now taking her t and from work, whether it's because she's not able to drive it, whether it's because she no longer works and so doesn't go out everyday, then surely she should do as he did and park her car in the car park. It's about being socially responsible. Her car has not moved for months now. She had a mechanic out to it in December and he replaced the battery. I know as I was getting out of my car as he was there talking to her. We had assumed that after Christmas she was then going to start using the car again but she hasn't. Her son takes her wherever she needs to go including shopping which she stopped doing in her car last year if she was parked in the bay at weekend. If it was she would get her son to do it and get a taxi home, if our family member was in the bay she would go shopping in the car. IMO it is an abuse of the bay but I've had no response from the Traffic department at the council following my email. The other issue now is that they now have this 2nd car. Thats fine, we can't and never would dream of trying to stop him having a car, but now this means there is even less available parking space in an already overcrowded street, so whilst they could have 2 cars parked in the street, one in the bay and one in front of the bay, our family member often end up in adjacent streets or if he's very lucky on the small car park behind the houses on the opposite side of the road. This means he cannot see his car from the house on most nights. (Possible insurance issue) We have a good mind to call the council and ask for the bay to be removed and then nobody has a right to use it, but then our family member is adversely affected and still no better off. I think our only hope is to email the council again and simply ask for a new application form and if necessary go to appeal and get the backing of MP/local councilors to have the bay placed over the yellow lines outside the house. As a general rule we don't speak to anyone in the street unless necessary. Not in a rude/ignorant way but we keep ourselves to ourselves and don't get involved in any tensions. We helped last year as much as possible with clearing out the backings behind our house. It's an old terrace with a cobbled ginnel behind the houses and then a railway (Metrolink trams) behind that. We helped along with all the neighbours including next-door-but-ones son. (Our family member couldn't do much but hold rubbish bags open and supply water/drinks etc due to limitations with mobility). We don't then understand where this tension from them has come from.
  13. You can only park on the lines for a max of 3 hours which is no good as the car is generally stood for longer than 3 hours.
  14. They definately don't have a badge for the other one. I'm going to send a letter to the Blue Badge team at the council and let them decide if what they are doing is against the Blue Badge rules.
  15. The official would have a problem trying to ticket your car as it was displaying a valid p&d ticket. They have to take pictures of your car to prove it was in contravention of the rules, and (in our area) they take a picture of the PCN on the windscreen. I once got a ticket in a council car park for parking in a disabled bay without displaying a blue badge. At the time I has a seperate permit which allowed me to park in my daughters school's teachers car park as the parents/visitors car park is at the bottom of a steep hill. The Blue Badge was on the drivers side of the dash and the Schools permit on the passenger side. It's obvious that the traffic warden just saw the school permit and missed the blue badge completely. I didn't appeal until the charge notice came through the door with the photo's the traffic warden took, I simply highlighted where the blue badge was in the photo and appealed. Obviously I won As you were displaying a valid p&d ticket then the charge would have to be voided, and the leaving and returning argument would be your word against his. The physical evidence, i.e the ticket, the photo's are enough to appeal any charge that may come through the door. You do still have the p&d ticket, dont you?
  16. Their car is insured and taxed. I've emailed the department at the council who deals with these issues. Couldn't phone them as there is no number for the public to call. I've explained that they are blocking the bay and asked for their advice, or if there is nothing I can do about it asked them to send me a new application form so I can complete it for the person in question. I also asked if they would consider a sole user bay rather than just a standard disabled bay.
  17. Hi, I've posted this on another forum but I wanted to see if anyone here had an opinion. I want to ask this question on behalf of a family member. They have severe mobility issues and can barely walk due to several issues with back (pused vertibae, bulging disks and spinal tumors pushing on central nerves) and and legs. In February 2013 they applied for a Disabled Parking bay to be laid on the road outside their home. The house has no parking facilities it is an old terraced house with a small courtyard to the rear and a small yard at the front. There are yellow lines directly outside their house which stop in front of their next door neighbour. The permission for the bay was finally granted in Feb 2014 after the next door but one neighbour put in an objection to the bay as it would be partly in front of their house. it is not a sole use bay. Our council do not provide sole use bays. It was laid in March 2014. To my family members suprise they returned from work one day just after the bay had been painted to find next door but one parked in the bay. In the windscreen of the car was a Blue Badge. Upon checking with the council they confirmed that the badge was legitamate and that the next door but one neighbour had attended an assessment for the badge earlier that year. There has been some animosity regarding the bay. The neighbour would go out as soon as my family member had mooved the car to go to work or just to the shop and put their car in the parking space. They (next door but one) stopped using the car at weekend and started using a taxi t do their shopping just so that they didn't lose the bay. At the end of November 2014 something happened with next door but one and they stopped using the car altogether. It is parked in the disabled bay and has not moved since the 3rd week in November. We don't know if they have retired from work, have become ill, etc etc. Last week we noticed another car on the street and couldn't work out who it belonged to. It turns out it belongs to next door but one. They are now using this new car t go out daily and leaving the old car in the parking bay, essentially blocking the bay. They don't take the badge ut of the old car as obviously they would get a ticket. My family member is very upset about this as they are struggling to park the car close to the house and often have to leave it on an adjacent street whilst the neighbour uses a 2nd car which they don't seem to have any problems getting to or in and out of. We don't know what to do, if in fact we can do anything. Any advice wuld be much appreciated.
  18. Hi, For the first time in a number of years this statement actually came from Amex and not ne of the many DCA's that they have been using. Do you think this means the DCA's have told them it is unenforceable and now Amex are simply fishing?
  19. So long as it is statute barred it's OK with me. The last time I checked my credit file (Nov last year) it wasn't on there anyway. I'll leave it for now I think and if my parents get any more of their post I may just fling off the statute barred letter. Thanks
  20. This is the wording on the 2 DN's This one dated 12 October 2008 This one dated 31 October 2008
  21. Hello..... Unfortunately I'm still having trouble with this account. Everything is summarised in post #116 onwards. Earlier this week my parents again received post regarding this account at their address. I have not lived at my parents address since 2002. Amex and all their DCA's know my address as I wrote to them using my current address when dealing with the whole CCA request issues and they responded to my letters at my home address. So, my parents received a letter last week which turns out to be a statement demanding the full balance. The last payment on this account was in August 2008. Default 1 issued 12 October 2008 Default 2 issued 31 October 2008 Sent CCA request at beginning of November 2008. I have never received anything that complies with the CCA. I got a copy of my application form from 2001, and much later after the accoount had been passed to several other DCA's I got an A4 piece of paper with T&C on from 2005 with anther copy of my application form dated June 2001. I did receive other documents such as a copy of someone elses application form for a Platinum Credit card and also details of someone elses CCJ, but nthing that complied with the CCA request that I made. It's getting a little tedious now as I believe that as of December 2014 (6 years since the deadline to provide the necessary documents as requested under the CCA) this account in now statute barred. The last payment I made to the account was August 2008. Last correspondence I sent to DCA's was April 2009 but as from October 2008 when I sent the CCA request I had advised in the correspondence that I denied any knowledge of any debt. So, can anyone advise? Am I right, this account is now statute barred? Thanks in advance.
  22. Hi, I've been on hol for a week or so, this is my first opportunity to respond. According to my employer I have no rights to enquire directly with the Fire Brigade. They say the evacuation proceedures have been drawn up in co-operation with Greater Manchester Fire and Rescue I would obviously submit a formal grievance and exhaust that process before heading to Tribunal. That process could be happening today. re your quote; 'that your employer will have a view (and maybe advise relevant people off the record) that you are using this to avoid the job and location they want you at, not that it is true but if you pardon the pun a smokescreen to defend their inactions.' My employer has not offerred any alternative permanent positions, I am providing assistance to another department but there is no permanent position available for me to fill in that department, and there is lso ofen no work for me to assist with. Hence why I am able to post on here whilst at work doing nothing. My preference is to remain doing the job I have done for more than 10 years as this job keeps me busy, occupied and therefore distracts from the constant, unremitting severe pain I have in my leg which is part of the disabling condition. However, I will accept another position as long as it is something that keeps me busy and occipied, otherwise the pain takes over, despite the very strong medications I take, this increases the risk of needing to take sickness leave, affects my mood (I already suffer with depression as a result of being in pain all the time) reduces productivity etc etc As I say however, my employer so far has failed to make any offer in the 16 weeks since this issue started, and has rejected out of hand, without making any assessment, any suggestion I have made which I believe would rectify the issue, most of these suggestions are entirely cost neutral and could be implemented in a matter of days.
  23. Thanks,I already have a copy of my Evac plan and I downloaded the PDF you attached back in February when I was first moved.I don't think there is anymore scope to fight to get back into the contact centre.I've suggested improvements to the evac procedures, I've asked for meetings with the relevant people, I've made suggestions as to how to better evacuate someone when using an evac chair, I've pestered my manager about it for the best part of 3 months. The employer simply isn't interested in making these kind of changes.I'm begining to think it may be time to issue an ultimatum. Implement the adjustment I have suggested (working from the 2nd floor doing my normal duties) or I'll take the matter to the ET.
  24. Hi, sorry for not responding earlier.The Union don't seem bothered with my case, they're too busy off fighting causes they can't win. (pensins/pay/jobs in the public sector). There are also issues regarding the lack of available reps in our department. The 2 who are usually available are also tied up with their Union work as Delegates/Office Chair and Office Secretary, hence they are out of office quite a bit, plus it's end of year review period and there are many appeals against wrongfully issued end of year markings (These affect payrises/promotion/managing performance issues etc)The last I was told by the Union was to wait for the employer to offer another position on the floor which has telephony and not to push anything (including issuing a letter of grievance)It's now been 6 weeks since my employer started loking for an alternate, permanent, role for me, and 14 weeks since I was moved to the ground floor. As yet they have not been able to arrange anything. I am asking questions daily but I am getting no response.My employer maintains that they do not have to force anyone to be an evac chair operator and will only accept volunteers. They reject my claim that they are restricting the ability of disabled people with mobility issues to work in the contact centre (climing every case is different), they have refused to consider making or discussing changes to the evacuation policy to incorporate changes which IMO would prevent this issue, they have again re-iterated their stance that they do not believe it is 'reasonable' or 'appropriate' for people to be doing contact centre work from outside of the contact centre.I am considering going to see an employment law specialist for a free 30 minute consult.Any advice would be appreciated.
  25. Sorry for re-opening a very old thread but I have received today a phone call to my employer asking for me by Charter Mercantile Agency regarding this AMEX debt. Unfortunately I have not been keeping up to date with the current state of play regarding these situations and I would be glad of any help. This DCA has been writing to my old address (parents) where I left in 2002. Amex have the dtails of my current address, as do all the previous DCA's so there is no reason at all to be writing to my parents address. My parents have copied these letters and sent them back 'Return to sender' advising I have not lived there since 2002. This account was defaulted in October 2008. As I am so close to the 6 yr limitations timeframe I am worried about contacting this company, but I am very unhappy at them contacting my employer. i have never informed them of my employment status and the last employer they know I worked for I left in 2003. Any help is appreciated as I'm worried this may affect my employment with them contacting my place of work out of the blue.
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