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papasmurf1cx

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Posts posted by papasmurf1cx

  1. OK, understood. But any tips other than that?

     

    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. 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.

  3. 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.

  4. 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 !!

  5. 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.

  6. 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?

  7. 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 !!)

  8. 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.

  9. 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 times is complied with.

     

    Write and ensure they will pay all costs before agreeing to further intrusive and unnecessary examinations. (But do attend as cases where there is such clear evidence no doctor will put their professional career on the line for a company).

  10. 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 discrimination and probably been made ill from a combination of the two.

     

    HR are going to know that if you choose to take them to the ET then they may be on a sticky wicket. There is generally only 3 months from the last incident to making a complaint in the ET. You may have wasted a month already so time is crucial. The employer will waste as much time as they can and string you along.

     

    You should put in a grievance, if you haven't done already.

     

    Check to see if you have Union cover or independent legal protection cover for employment disputes. Beware of unions also wasting time ... check links on CAG for similar horror stories. Best if you have the insurance and if so phone your legal providers and follow their advice.

     

    If you want to go it alone... and many do.... and win.... CAGgers will assist you along the way. Some have great advice to give and loads of experience. Individuals win against the biggest of companies...... don't fear them.

     

    if you have 'left' in yourt mind already you are in a good place because your situation can only get better BUT DO NOT RESIGN.... forget all the cr*p about constructive dismissal that is the worst option available to you. You have to let the employer dismiss you and that then is the ultimate discrimination ie victimisation if done after you have put in a grieveance.

     

    Make sure you get the support of your GP.

     

    Be careful as to what medical notes you allow your employer access to.

     

    It may be helpful if you are to fight the employer to give a fuller story to caggers.

    • Haha 1
  11. 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.

  12. 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.

  13. 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?

     

    As far as medical records are concerned, they can ask, you can refuse or indeed you could write to your doctor and ask that a) a partial disclosure is made and b) that you see and advise on whether that disclosure should be sent once the GP has prepared the report. If the GP said that the cause was because of work related stress and you followed it up with a grievance and asking for reasonable adjustments then the employer will have quite a lot to contend with. You can ensure that YOU control what information is released from your records and it is especially important if those records relate to your mental health.

  14. Case update: CMD scheduled at the end of the month.

     

    I've instructed a solicitor. I'm very happy that I found a solicitor passionate about her work, who isn't costing me an arm & a leg.

     

    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.

  15. 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 to your local mental health teams for specialist advice. You GP should not ignore this or he could become liable himself. You have to be specific in what you are asking. Many GP are not in tune with mental health issues and that is why there are specialists.

     

    £2,000 seem rather low. You should NOT have asked the employer at this stage, it makes you seem weak and nervous of facing up to them.... maybe you are but it is bad tactics to show them!!

     

    Remember EVERYTHING in writing.

  16. 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 complaining about victimisation about not following their own policy and they fail to progress the grievance then you have to take it to the ET to show you are serious about them sorting it out.

     

    These firms have been this road many times and know the score, you don't and they bank on that.

     

    Experience tells us that when you confront them they eventually collapse, even the biggest and worst of them.

     

    It is a rocky road so be sure you want to go that route

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