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Everything posted by papasmurf1cx

  1. jess be careful on time limits. You have 3 months from the time of the discriminatory act. If you are writing again, give them a defined time to write back with their proposals to settle and / or to hear your grievance. If they don't comply, issue proceedings in the ET. Don't baulk at it, they will do a jobby in their corporate underwear as they then have to face the prospect of defending in open court. Additionally ACAS then can be involved to settle the matter and a legally binding compromise deal reached.
  2. The fact is that you have put in a grievance about a discrimination matter... is that correct? They are refusing to apply their own policy for grievances is that also correct? They refuse to put in writing offers to settle this, have you witnesses that this has been offered verbally?
  3. Yes. Also, they should have a grievance policy that they should be following, have they? Are they? If they are breaching their own policy then they could be further victimising you, and that could be a further grievance.
  4. There is a cost to losing an ET case if the case is brought when there is no evidence or vexatious. One that is brought in good faith and where there is an arguable case (note not a case that will necessarily be won) should not attract costs against you. Asking for compensation for losse, injury and injury to feeling is what the ET is about so no shame in asking for it. Asking for reinstatement is possible but by the end of the process getting your job back may be practically difficult.... and would you really want it after being in such a dispute?
  5. Partially resolved = partially admitted. This does not absolve their actions. keep pressing on, they will offer to settle in due course, do not give up. Nothing has changed legally, they have to LEGALLY resolve the case and the allegations against them, and the only way to do that is to compensate you for the injuries, injuries to feelings and the losses you have suffered.
  6. "There is more to it " and what would that be?
  7. Not ill advised at all. You have pin pointed exactly the areas where their position is weakest ie lots of managers and big solicitor firm. Point out also that you are litigant in person, the fact that delay is prejudicial to your health and they are using delaying tactic to wear you down. Point out if they have done this before.
  8. Other than the fact that the manager has held on to this report and you don't know why .... because he can !!... your post does not actually say anything. You are a union man, what has happened to the union in this? Are you being represented at all seeing as you are suing your employer? You mention Protection from Harrassment (many do) but are you certain this is the right act to use? They made you ill and you have been off sick, perhaps discrimination issues may be more appropriate but I say again, there is no information in you long post to go on.
  9. Write to the ET again detailing the history of non compliance. Then ask the ET issue an 'Unless Order' ie unless they comply the ET will strike out their defence to your allegation and award you the case. You won't actually get this because the effect is unless they get their act together you could actually win on default. It is the ET way of showing their dissatisfaction with non compliance to the ET's orders eg the CMD's .
  10. One step at a time. Just get it clear what they want to do to sort the problem out.
  11. I would write to them, summarise what you understood the HR director was saying. Ask them to confirm in writing what they want to happen. Detail that you are not adverse to coming to an agreement without recourse to going to the ET but that you are not fazed by doing so. If they want to negotiate and ending then they have to make it very clear. If it is their intention to want to settle them you need to get THEM to be clear. It is not that you should take time to think about it..... it is THEIR problem not yours. You have nothing else to lose!!! Classic HR making you feel on the defen
  12. Read post 10 above. Time limits are 3 months from date of the 'offence' but with discrimination matters there can be continous offences. The point is that you exhaust internal systems and then go to the ET but if the time limits are nearing get the ET 1 in before the time limit goes. It's better having a solicitor but you can do it yourself if you can't afford one. Don't be afraid.... you have nothing to lose... you have already lost it !! Never resign... stay off sick... let them do the dirty deed ie dismiss you on capability grounds... that would be a final act of victimisa
  13. Try and answer all the questions that are asked of you. Cagger's will be with all the way, new caggers will enter the fray and assist you. The only way to win this fight is to face up to the management who condone the bullying. Expect to lose the grievances but win when you go to the ET. There are time limits so you need to buckle down and get on with it. It may be very traumatic and expect lies and knives in the back from people that you think are friends. You are on your own.
  14. Hi jess There a couple of things you must decide. Do you value your health over your job? Do you have the capacity and strength to take this matter ultimately to the Employment Tribunal? You are talking about CD which I take as Constructive Dismissal. The general consensus is that CD is the last possible route to take especially if you are still in employment. It also suggests that you will want to take to a TRibunal but then it would have to be on your own as you have cancelled union membership (which probably wasn't wrong as IMO unions are useless anyway). However check
  15. I can see why you want to move on but I would first ensure that you don't have a serious problem. You no doubt will have benefits eg sick pay, pension ill health cover attached to your employment and if you don't know then you should find out. Simply leaving and going to a new employer with an existing provision may put you at a disadvantage. Also it would not be good going to a new employer and then going sick with a serious problem. Find out what's wrong and sort it then move on.
  16. This is great news... you must be flying at present. Bottle of Champers opened ?????? If you have the energy and inclination a short story of what transpired will be appreciated. It keeps others spirits up. Very well done indeed.
  17. You need to expand on this story to get anything like the help you are seeking. Why is HE being picked on?
  18. Hi What has the Federation said about it all? Normally if there is an element of unfairness about the sanction they will help out. The post of Constable is deemed to be an 'office holder' which is why there are separate regulations governing Police. In my experience sanctions can be different from case to case even if the actual disciplinary offence is the same. In your case the mere fact that you were convicted of a criminal offence in the magistrates court, the disciplinary offence is the fact you were convicted. They could not do you for the facts around the act of criminalit
  19. Yes. That's the point of compensating you for losses. I don't want to worry you, god knows you have enough of that on your plate, but the thing is that these things seem to have a pattern. We see it on here all the time. I am just trying to make you aware so you can prepare for them.
  20. I know it must be difficult. Remember though that if they start on you because you have submitted a grievance ie subject you to 'detriments', that could be construed as victimisation. If they start down that route then they will continue to get nastier and nastier in a tactic that will be designed to get rid of you. If that makes you ill (or worse than you are now) consider going sick because they will have made you sick. Put further grievances in alleging victimisation naming individuals. They will hate that, no-ong ever thinks they are capable of being discriminatory, so confronting th
  21. You should write to your employer asking for what is owed to you.
  22. There is things you can do but I am not sure if you have the stamina and inclination to do it. The most serious part of all this is the fact that he has not paid the National Insurance and Tax. HMRC are normally quite supportive of people like you who have worked under such conditions and are blameless. The employer is in deep dodo should you choose to report them, especially if they have other employees. http://www.hmrc.gov.uk/reportingfraud/help.htm
  23. Anxiety is normal. Unless you showed them that you are very serious about this they would have walked all over you. They are apparently taking action, that does not mean that they will admit anything to you. There is always the ability to use mediation through ACAS at the appropriate point. Keep strong and to YOUR agenda not theirs.
  24. Have you applied for DLA, ESA, Housing Benefit and any other benefit by discussing this with the Benefits enquiry line? http://www.direct.gov.uk/en/dl1/directories/dg_10011165 What else do you expect could happen that you have not in good faith done already? Your first priority is just to get better, if you have to wait then that is out of your control, the benefits system is there to help people like you overcome financial problems whilst recovering from illness, use it.
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