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Everything posted by papasmurf1cx

  1. Personally I would carry with me at all times a digital recorder and as and when you see him approaching you get it out state time date into the recorder and shove it under his nose when he starts to speak. Tell him that you are recording this conversation and as per the letter you have sent him that he should desist from contacting you at all times as you believe he is harassing you and committing a criminal offence, which you will in due course report to Police. The recording will ensure that there is corroboration of evidence, which is necessary in Scotland.
  2. You may like to read the case of Coleman v Attridge law. The law of Associated Discrimination is quite complex and you may need to take legal advice, but at least this is a start. You have stated a cople of things that your Mum may try and 'develop' with personnel / HR. Her own health issues plus the caring needs for you father may butt in to what the Hospital has said about Flexible Working. They should have a policy on this. They should also have a Policy on caring for relatives....... be careful here because many hospitals DELIBERATELY leave out a whole section of relative ie adult
  3. You have the wrong idea of what disabled means. Try and think of it as 'less able' and that the problem is the disability not the effects of medication. So 3 discs damaged = 'disability' Disability = more than 12 months or likely to last more than 12 months. Disability AFFECTS my ability to undertake activities of daily living eg walking, standing, etc. The medication helps to cope but does not cure it. So to mitigate these affects you have to do X Y & Z So approach employer and ask for reasonable adjustments to help you do this. These have to be Reasonable and therei
  4. I am not sure what will be achieved by adding 'neglect' ??? !!! Perhaps that is the wrong wording.... is there a sickness Policy that management is supposed to follow? They say these are written for the 'support' of the worker, but actually it is to put pressure on you. However if the manager did not follow a policy of checking up on you or ensuring that someone did so then perhaps that is a grievance.
  5. " then was advised to put in the false claim." = crime Look at Incitement http://www.cps.gov.uk/legal/h_to_k/inchoate_offences/#P20_588 Can you prove this emails memo ?????
  6. When was the grievance heard? When did you go sick, before or after the determination of the grievance? Symptom of stress and depression will no doubt have occurred prior to the doctor singing you off.... what I am trying to establish is when, in law, a 'disability' will have satisfied. Raising a grievance and an allegation of discrimination and harassment under the Equality Act and then suffering a 'detriment' may make them guilty of victimisation. So timing and intention is important. The grievance need not actually say the words 'discrimination' but the facts may amount to just tha
  7. Did you go sick at any time? Bullying is likely to bring on menatl illness problems such as depression, anxiety and the like. if the employer has made you ill and that illness is one which has lasted a year, likely to last a year and it affects your day to day living that may open the door to discrimination allegation. Do they have a bullying policy, equality policy and sickness policy? Are you working in a private company or public corporation? Are you a member of a union or have legal protection cover (union normally worse than useless... legal protection = good. look on home con
  8. moll you may well be fighting a losing battle. On the other hand you may also feel that their behaviour has to be challenged. If you put the grievance in, it might be better to remain sick because if it is their actions that are the subject of complaint that complaint may end in the ET. Removing you labour because of illness, especially if caused by them in the first place, is logical, remaining their is complying with THEIR agenda.
  9. If you are a union rep, is the union not helping you in this matter? It seems that it an attack on your union business. Also, can you expand on how long you have been off sick with the depression and are you saying that the depression is a reason for them starting on you in regard to a disciplinary hearing? Are they 'after you' because of sickness? Where has the depression come from ie is it work related? Have you ever previously put in any sort of grievance in regard to issues that made you depressed? There are posts that sometimes do not receive any replies but you did the righ
  10. If the 'reasonable adjustments' are not reasonable, then she needs to point those out too. Also if the adjustments are merely cosmetic because of being seen to comply but do not actually comply then tell them that. Do it all in writing. When it gets to the stage of ET hearings you have to play hardball.
  11. This is good news. By complying with the reasonable adjustments the employer has seen that they are probably in breach of the Equality Act. With all due respect goboy, you and your aunt should not be 'refusing' to do anything. In my experience if the disabled person looks at the problem they normally have more than one solution to it that will enable them to work in the environment. She should go along with the employer and work with them pointing out where the problems are what is working and what is not. With every negative comment she should offer a solution or potential solution to
  12. The claim has to be started in the courts within 3 years. The mere fact that you have 'started' it with solicitors means nothing, it is the issuing of a court proceedings that is important. Solicitors do not as a rule start court proceedings immediately for several reasons. Firstly they try and settle without recourse to the courts, next if liability is denied, as in this case, then they wait as long as they can to enable the time to be used within that three years to gather the necessary evidence and reports and to see how the injury progresses. Lastly they do not issue the proceedings
  13. ???????????? Please clarify. The law says that a case must be started within 3 years of the incident / accident injury. Please clarify what you mean by "no time restraints". It seems to me that the conversation the OP had suggests that the solicitor is admitting to professional negligence and a claim on the solicitors insurance would be made to settle the OP's claim.
  14. Yes.... the DPA applies to all organisations that hold personal data on any person.
  15. Do the SAR to both companies and not just where he is named but 'all other emails, letters, documents or other material that deals with the incident or facts relating before or after the incident'. Keep it very wide ranging and see what drops out.
  16. I am not suggesting to anyone to give up. The whole point I was alluding to was the journey that we all have been on. Anyone that has got to the point of taking their case to a court or Tribunal will know how tenacious you have to be to overcome the hurdles. Even with a solicitor (a decent one that actually helps rather than hinders the process) it can be very difficult. One is left with the impression that you do all the work in any event and wonder what they are being paid for. Anyway, getting to a conclusion whether one wins or loses one can be proud that you took a stand against an unfa
  17. The manager is probably trying to cover his own back. It is not in the interests of the injured person to not make a fuss and the employer should not be suggesting to do otherwise. Get a PI Lawyer... and depending on the seriousness of the residual problems make sure the lawyer has sufficient clout in the PI world to obtain the best compensation..... there are Div 4 lawyers and Premier league lawyers... which one would you go for ? Ensure the DWP are informed and he may be entitled to Industrial Injury Disablement benefit, depends on the residual problems. The DWP will write to t
  18. Good call Maximus...... Never an easy decision but having been through this a couple of times now, one HAS to end these disputes at some point and weigh up the pros and cons. Using the balance of probabilities was inspired and knowing you are in the right but let down surely eases the conscience that you did ALL you could to fight injustice. This will live with you forever but don't let it eat both of you away, try and see the positives in the experience (which may be a bit hard right now). Good luck and hope good health revisits you both.
  19. Perhaps there are pension implications? Did you have a notice period to 'work'? How long have you been there and is the medical problem related to work eg standing for so long?
  20. Noneed to be embarassed... from reading this first glad you were not stabbed... PTSD is not nice to live with and to get a 15% award shows how serious this is. You did a great summary. As I suspected there was discrimination at the bottom of the story. The facts seem to suggest that the 'detriments' that you have suffered which are many just from the summary may amount to victimisation under the Equality Act. If you are unsure what it is I am sure you will look it up. Have you access to legal advice? Home contents insurances sometimes have them attached and cover employment issue
  21. Hat... can you briefly tell us the nature of the grievance. When you mention "incapability" do you mean there is an issue around any discrimination issue eg disability discrimination? If so I have a couple of thing to say. Tbh it would help to give a brief outline of the reason you put in a grievance.
  22. CD or not?..................... well Not in my opinion. You should have left immediately. By staying on and working a notice period you basically are saying there was a dispute which you couldn't abide but that the employer could do as he wants. You wanted to stay because you needed wages and were not prepared to just walk away. You need to show Your employer has committed a serious breach of contract You felt forced to leave because of that breach You have not done anything to suggest that you have accepted their breach or a change in employment conditions Therefore yo
  23. Maximus........ you might want to look at the cases mentioned in this link http://www.askemploymentlaw.org.uk/stress_at_work_psychiatric_injury.htm Judges don't like these cases that are 'employment' cases they will find a way of dismissing it and unless you have someone that can argue case law you may find yourself out of pocket again but this time with the other sides legal fees to pay too. Beware. Sometimes for recovery you have to let things go.
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