The judge will NOT know or be told what offers were made nor if money has been paid into court. He does his judgement 'blind' so to speak ie fair to both sides. That is the theory, now whether anything underhand is done I would not care to speculate.

What I meant was that, a) you were not seen by a doctor at the time of the accident. (So a complaint and diagnosis were clear from the incident) b) you didn't have a solicitor acting for you immediately after that accident. (So that statements could be taken, individuals traced or a claim lodge with the Motor Insurers Bureau). c) the other party's & insurer could be summons to court. Pleaded is a term lawyers use in court proceedings. On your second point not quite sure. It may depend on the terms of any agreement you may have signed and as you have not indicated on what basis you instructed the solicitor I am no wiser. On the face of it if you have never instructed the solicitor that you did not formally reject it, you could perhaps write to accept it. But if the offer has been withdrawn anyway, there is no way you will get the money now. You could perhaps sue the solicitor but I am worried about the way you said "formally", it seems to suggest that you conversed with the solicitor and gave him some sort of instruction. Solicitors always make notes of conversations with clients. I would think that his subsequent actions were based on VERBAL client instructions. Even if these did not exist what are the chances that they do come into being should you start proceedings against him? It's a no hoper I think for you. 3.5 years later...... yes. They are experts and their opinions count in court.

Were you injured in the original accident? If you were did you see a doctor at any point close to the time of the accident?

Quite a spaghetti junction !!! To be honest from a layman's point of view it doesn't look good. Doctors deal with medical opinions and in a PI action when there is differing and varied medical evidence they have to give an opinion on a portion of fault to the accident / accidents and other matters in your history that could affect that apportionment. You have had a lot of incident in your life and they appear to be using that IN THEIR OPINION (bear in mind that opinion could be wrong and you obviously feel so) there are other matters that detract from your claim. It is unfortunate that the 2006 accident was not pleaded at the time so you have been playing catch up ever since. Lawyers (and Doctors doing expert reports) like to have clear dividing lines so the issues are clear. They are far from clear here. Your solicitor seems to have been more concerned with costs rather than your interests which does not seem good. What are you on here a No Win No Fee type of arrangement? That has to be important so far as cost are concerned. In a trial costs are awarded to the side that 'wins.' That is decided on whether the plaintiff (you) beat any payment into court or offer made to settle. So they offered £5,000. If the judge awards you £5,000.01 you win. If he awards you £4,999.99 you lose and have to pay costs. It is even worse in your case because although liability for the accident is not in doubt, your medical history is. So the judge may say that an existing condition contributes to the injury and he could reduce damages accordingly. So let's say that he says that that is 50%. He awards £5,000, but you would only get £2,500. So as I say it does not look good. So if you are unfortunate to get another injury where you want to sue someone you need to speak to people beforehand so you are SURE in your mind as to what you need to do. Sorry if this is not what you wanted to hear. I wish you well.

Again I am no expert but it seems to me that this childcare enterprise needs a bit of free publicity. If it is an excuse for desperate people seeking training and employment and get neither then it seems to me that past and future victims need to be told. Press? MP? Local Chamber of Commerce? Does the company get some form of public subsidy? I am sure if you stir up the mix something will fall out.

SarEl... did you read Nayfee's link? The employer did treat her differently to the rest and kept her hanging in the wind so to speak. If you haven't read it could you have a quick look I am sure your imput would be invaluable. Thanks.

Sorrylittlelot..... SarEl is giving great advice. A letter pointing all this out and asking to correct the negligent misstatement. Is there any chance of the employment / employer you missed out on re employing you if the mistake is corrected? If so then perhaps that is the tact you should try too.

SarEl... I thought pure economic loss through negligent misstatement was not actionable as it would open unlimited flood gates of claims? Obviously I bow to your better knowledge, just wondered though.

Sorry, I have asked my wife about this and she cannot help. She agrees with me that this is quite complex. There is a couple of points that I would make. First although you may feel it is wrong I don't think legally this would be classed as victimisation. You need to have an element of discrimination and have either an allegation / beginnings of a complaint eg grievance / or an ET claim lodged for victimisation to be a start. From what you have said so far I can't see it. Next what happened as a result of the Christmas dispute? Did you all eventually comply or not? If you complied then perhaps you agreed by your actions to the changes. You don't say whether it is in your contract or not but if it isn't then the issue of swapping could be construed as a custom or practice that effectively has become part of the normal working conditions. However I think management have a right to change this, after consultation, if there is a genuine business reason for doing so. I suppose you could all write to your employer asking for an explanation as to why they are changing your working arrangements and contract (perhaps you should wait and get Union advice too). If their explanation is not good enough you have the option to raise a joint grievance. From a personal point of view I have found that generally each employee looks to his / her own circumstances and probably a joint grievance will fall apart because one or more won't want to take management on. Even if you do, the chances are that you will lose. It seems from what you have said that management probably view you all as a bit of a problem that they could do without and for that reason their stance is likely to be uncompromising. Let us know how you get on. Good luck.

Why don't you write to the agency and ask for a disclosure under the Data Protection Act ie a SAR and for all documents pertaining to you be disclosed. You could ask for the time sheets (which should be kept for an accounting purpose for 6 or 7 years) to be included but not only those but all documents. You can complain about the reference and ask that this be expunged from your record as it is not a true representation of your attendance record. You can quote what you have told us. You may or may not get anywhere with this but it surely will elicit a response. Once you have a written record of your disagreement you then have evidence of it to tell a new prospective employer when asking for references. You can give the agency's details but also state that you are in dispute and these are the reasons. The new employer can then make a considered judgement.

What benefit are you applying for?

Hi welcome to the forum......... sounds like you have got what you applied for and that their systems haven't caught up yet. Why don't you leave it a day or so and phone again.

I would be careful that you don't obstruct the officers in the execution of their duty. There is probably some term in the condition of his release. he could find himself recalled if supervision is not complied with.

How long is the tenancy agreement for? Have you a break clause? Do the upstairs own their property or is the same landlord? If they have the same contract then their might be something in the contract that will mention undue noise. Have you checked?

Hi Joe...... don't be too hard on Mrs S......... the MOST important thing is to get better but if she feels she cannot go through it then that is the right decision for her. You will find that she will get better very quickly IMO when the burdon of it all lifts from her. Best of luck to you and her. Let us know if she feels better in a week or month or so.

That's nice that things are going your way. How long has it taken you?

oooo OOOOO you are naughty sillygirl.... but I like you!!!!!

Power strikes AND the cold.................. I'm off to somewhere warm then. Any suggestions please ?

The buzzing of the honeybee..... how sweet a sound !!!!!!!!!

Good point on HB on the marks on the patient. This is one thing that you could explore on the allegers (Divide their stories too for inconsistencies) ie where on the body you are supposed to have hit the patient, how hard, how often, in what manner etc. You could also insist that the patient should be examined by a doctor and any injuries or lack of injuries noted. This might be important because the patient may very have a propensity for bruising, if none are there then that is good for you. If the patient has bruising and is prone to bruising from a medical condition then that goes for you too. They have to prove where and how any injury was caused. If nursing is concerned surely there must be 2 people to deal, do you work in pairs normally? What was the falling out over? Sit tight and trust in the truth coming out.

Hi bombhead..... from what you say you have done everything you can at present. Denied the allegation. I should just wait and see how it plays out. It must go in your favour that the independent witness didn't see anything. How do you know she says this? and of course the alleger has tried to withdraw the allegation. In my experience liars never prosper in the end because their story always falls apart. How long have you been working in this job? Are you in a union or have independent Legal Protection Insurance (try looking in your home contents policy.) ? You may need it if worse comes to worse. So just sit tight and keep us posted, the boot is on the employer's foot at present.

Hi 61met....... My wife just went through a 3 year grievance with the NHS over their insistence that she change her contract when she could not. She is now out on an ill health pension. She may be able to answer some of your questions but is out at the present. Can I ask a couple of questions, was this a job share arrangement with the other staff and arranged with a contract between you all? Please explain the circumstances in how the arrangement came about. What grades are you all? have you been on to your union ? What have they said. Have you looked at the Agenda fro Change information on the RCN website? What percentage of hours do you work in relation to the share? This is probably pertinent to the bank holiday entitlement. Was the flexible element done because of child care arrangements if so there could be an issue of Indirect Sex Discrimination. Finally have you any independent Legal Expenses Insurance should you want to fight this? You can find this on home contents insurance policies.

Can't help with this Nayfee, but good luck in any case.

sorry about that just saying what you can read. My wife suffered a similar fate over management wanting one thing and pursuing her until they got it. You have to want to fight them with all you have got. It does seem that they have encouraged usage on the card by allowing personal purchases. I would research the areas sidewinder has suggested in anticipation of the worst and then fight it. I am glad I picked up on the maternity matter as it obviously had crossed your mind too.

"i work for a huge company who should know better - so i would hope that they wouldnt take the risk of the scandal!" I wouldn't bet on it.