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Everything posted by papasmurf1cx

  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 t
  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
  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 reaso
  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
  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 wr
  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 dram
  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.
  16. You might want to edit name in last para!! When you see the new doctors, which they will pay for, ensure that only the medical evidence you want disclosed ..is disclosed ie you HAVE to approve the report going out. You don't have to allow unrestricted access. Eventually they will have to go with what they have. They are trying to find an inconsistent fact they can use. Ensure ANY doctor that reports has copies of ALL other reports. Also ensure that you give a WRITTEN history of events that you are happy to release. Ensure that his written instructions to have you present at all t
  17. They have a duty to 'assist' you so welfare visits are hardly a startling development only one to be expected. However having said that it is your home and you control the environment, what you say goes in your home. You want to exclude certain members of the company because they are bully's? Do it. You want to record the meeting, do it. Tell them the conditions that they attend your home. Best also to have an independent witness. All communications should be in writing. Keep copies. The thing is Trevor, you seem to have not only been bullied but subject to homophobic discrimin
  18. If they knew of your conviction and are still happy to reemploy you it is a matter for them. The forms are only a guide for employers to make judgement calls on applicants eg if the conviction was for drink driving, what relevance has it to caring duties? If the conviction was for theft or other dishonesty offences or assault those would have a different reaction for the employer. I agree with Sidewinder, have an informall talk before applying.
  19. I advise people that it is best if they have a good Legal Expenses Insurance Policy. That is worth 1000 x more than being in a union. One day the penny will drop with the membership that union power is reliant on the members trusting that what they are offered for becoming members is actually delivered.
  20. They should have some sort of policy that governs this. Even if the investigation period has not gone too smoothly, then there definitely should be a Grievance Policy and time limits therein that they have to abide to. Ensure that you keep them abreast that their inaction has made you ill. If they have made you ill because of inaction and that illness can be covered under the Equality Act, there may be a case for victimisation... although it is far from clear from what you have said in this post.
  21. If you have a disability the Equality Act 2010 may apply to you and your condition. If you think you are covered then you can ask the employer to make a reasonable adjustment to their policies. In this case it may be to suspend their policy. If the matter / injury is CAUSED by work then you should be considering putting in a grievance to eliminate that cause. Employers have to ensure that employees work in a safe environment, and causing a stressful place to work may not meet that health and safety condition, but obviously we don't know the cause, unless you care to tell us more? A
  22. Excellent news. I think you did a great job to get it to where you did. Some cases cry out for the professional to do it and I think you are very wise to have done it. Hope it works out. Please let us know what happens at the end game. Remember never take the first offer. Have a figure in mind that is the least you will accept to settle, factor in what the solicitors is costing you and try and get the offer sufficient to pay her and leave something for you. Good luck.
  23. first write a letter addressed to your GP explaining what has happened, how it has affected you, how you are feeling and state that you feel that you are suffering from a mental illness. Do not be afraid of 'mental illnes' it is an illness as sure as all other ailments. They vary in intensity and can be treated. In the letter you should also explain that for him not to support you by issuing sick notes so you can address the cause of the problem in the way appointed is just not right or fair and that you ask him to reconsider his action. It also may be prudent to ask for a referral t
  24. Do not give them wriggle room. If you say something, mean it and when they muck you about do what you have indicated you will do.
  25. If they are not allowing you to put in a grievance, what are you then supposed to do? Force the issue. Other acts of discrimination and further acts of victimisation can be added later, if it ever reaches that stage. You don't have the wrong end of the stick, but you have to get a sixth sense as to what they are up to and if they are time wasting they are doing that for a reason. That is why I said about getting their Grievance Policy and if they are not keeping to their own time limits then they will hope that the last act of discrimination will fall outside the time limit. So by
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