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papasmurf1cx last won the day on December 26 2011

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  1. It actually depends on what stage your case is at. Think of it like this, the more you make them work and create paperwork (and lawyer fees) they will be seeing more and more cost. I would suggest that you say no to all offers until the case is well progressed. The most costs are when the case is just about to go to court / ET so when you force them to get to that stage they will make 'an economic' decision on whether it is cheaper to settle or cheaper to fight the case. It sounds like they are on to a hiding to nothing if they are making offers. The longer you hold out the bigger the settlement... maybe!!
  2. What caused the illness? Any work connection? Long term illnesses that affect activities of daily living normally attract DLA, have you applied? Also why not consult the Benefits Enquiry Line 0800 88 22 00.
  3. Webbo... if there is an issue with work causing the problem you need to ensure that Management know what the problem is. If there is an issue, say an an example of bullying and harassment, because of your condition, then to dismiss you because they caused or even partly caused / made worse your condition then dismissal under those circumstances may constitute disability discrimination. if you raised a grieveance and they dismissed you because you raised a grievance that may be victimisation. The devil is always in the detail, so perhaps you might want to tell us more about what work did to cause or aggravate your illness? Lindyhop... hope the above answers your query.
  4. Webbo.... What was the cause of your illness? Specifically is it work related? Reading the thread I am none the wiser. Your condition is probably covered by the Equality Act so an employer has to consider making reasonable adjustments to their Policies Practices and Conditons to accomodate you. What others have said is correct. There are two problems here first the employer needing to get you back to work. If the illness has been caused by things outside what the employer can control then they do have the right to dismiss for capability but only after they have done everything reasonable to assist you. Secondly is if they dismiss you for capability but the cause was work related AND THEY KNOW ABOUT IT eg by the fact that you put in a grievance then Discrimination issues start to apply. So the reason for your illness might be helpful to know? Mental illness is one that may entitle you to DLA especially if you are needing help in doing things, being encouraged to do things or to keep you safe. You are probably entitled to the contribution based part of ESA (and if your condition goes past 12 months sick then you may get the Support side of ESA after the first stops.) Further some elements are income based. Consider Housing Benefit too. Might be an idea to phone the Benefits Enquiry Line here.... 0800 88 22 00 http://www.direct.gov.uk/en/Dl1/Directories/DG_10011165 and discuss your circumstances with them. They are quite helpful. If you have difficulty filling in forms attend your local CAB and ask for help.
  5. http://www.legislation.gov.uk/uksi/2004/1861/regulation/3/made They have discretion. if they are represented and you are on your own and deadlines are just missed you will get the benefit of doubt.. Wait and see and repost if you have a problem.
  6. What caused the original stress / depression that resulted in you going off sick? Was it work related or related to your personal "complicated" life? Personally I think the original reason is the most important.
  7. Pinkie No need to be paranoid on here as long as you don't identify anyone or the company etc etc. Please tell us the story because you are likely to get more helpful information that way.
  8. georgy......... You committed a criminal offence. You know that and that is why you are worrying so. If you were ever going to to be arrested for this, then a solicitor would say to you to say nothing, nothing at all and rest on your right to silence. The prosecution need to be able to prove their case and after so much time I doubt, sincerely doubt, that they will be able to do that unless you give them cause ie confess your guilt. The management have duty to you as well as the customer. They cannot convict you or discipline you unless you give them cause to. It is fairly plausible that you say to them that you can't recall any of the detail and that they should look at the facts and evidence on the face of it ie if that was the customer signature then it must be the customer signature. If they say the customer states that it is not their signature, can they say that the customer was not in a hurry or feeling unwell that day or carrying something etc etc. Problem maybe if the customer prooves he was out of the country !!! I would say have a memory loss for specifics, let them prove any fraud or discipline matter, don't admit to anything. Tough it out. I would imagine that they will pay the customer his cash back plus interest and compensation and shelf any discipline for lack of evidence and reasonable doubt. Stay honest and keep mouth shut !!
  9. I agree with all the above. You should, however, lodge a claim with the DWP and indicate that you have had an Industrial Injury. Industrial Injury Disablement benefit is available to any person that has been injured at work. It works on a percentage basis in regard to what you are now unable to do. At the time you should have ensured that the injury was logged in the workplace. Employers have a legal duty to ensure these are logged. That is the first stage. The next stage would be to ensure that the DWP know about it and that means filling in a form and telling them. They then write to the employer and asks for their side of the story. The last stage is, once it has been accepted as an industrial injury, is to apply for the benefit. You have to reach 11% disablement before they dish out any money, which is quite a high threshold. If you have not done any of this, I don't suppose that will be a big problem because the cr*p solicitor you trusted should have copies of the paperwork and that should show the DWP that you did have an incident and it was reported at the time or soon(ish) after. The point being that it did happen. Then you just need to prove that it is bad enough to get some money. You should also apply for DLA ESA and anything else that your personal circumstances dictate. Call the Benefits Enquiries Line, they normally are very good in telling you what you might be entitled to, that doesn't mean that you will get all that but at least you have a chance.
  10. Sounds like that is what is happening in any event. They have reviewed the evidence and enticing you into a JD mediation and settlement, where you get what you want and they get what they want.
  11. Tribunals are 'courts' open to the public. Go in together stay together. I would have viewed a JD as them wanting to settle as they requested it, therefore you have them on the run, on the back foot, ..... you are on a 'home run'??? If you medicate and settle normally that would mean there would be a confidentiality clause into the mediation agreement so the media will never hear of your troubles. Is that not what you want?
  12. One of the aspects of JD is that both parties HAVE to have legal representation. It is not unreasonable to ask for the cost to be met by the employer.... they can only say No!! Of course it is in their interests to get you in to the room to talk through a settlement as the costs of going to trial are much more. You are winning the day. Remember that a medication settlement does not only mean the compensation it can cover ANYTHING that you want eg handwritten apology on vellum by whoever you want, public statement on front of local newspaper..... anything at all. (I am being dramatic !!)
  13. Judicial Mediation can only be done if both parties agree to it, what is your position? What does your solicitor have to say about it?
  14. I don't see that you can control what the independent report actually says. You can control what history they use to formulate the report and if it substantially varies from the evidence then you can contest it. But the independent doctors have to take account of the history of the patient so their report should not be that different. But they do have the ability to interpret anf express and opinion based on the evidence. As long as you have done everything you can you can be keep your fingers crossed.
  15. Control the source of the information ie your doctor / GP. Write to them expressly forbidding anything going to the insurance comapny without you seeing it first. That way you can write and ask for certain sections to be excluded.
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