Hi This seems like good news. So you would be landed a tax bill but they would "go after the employer". I would do as the CAB advises and ask for immediate payment "properly calculated." Put them in the dock so to speak. If no deductions are made and you are paid net then the gross figure should be the employer's responsibility. What have you instructed the accountant?

Hi spacecrusader........... wasn't about in May. I think you should write to the Tribunal and make an application that pursuant to the order dated XXX by Judge AAA the Respondent was ordered to disclose XY & Z. During the course of the grievance appeal documents l M & N were used by the Respondent. These documents have not been disclosed and despite writing to the Respondent on date D and date E they have not disclosed them. Ask the Tribunal to make a Specific Disclosure of the said documents and make an "Unless Order" for the Respondent to comply with the Order of the Tribunal. You have to go the additional step to get them to disclose things you know they have and which they don't want to give you. Unless Orders are just that Unless they comply you can have their defence struck out. These documents are obviously prejudicial which is why they don't want them in. I am not sure on the damages aspect. I have read the thread and see that the allegation was one of Sex Discrimiantion / Harassment under the SDA and you were reporting your genuine concern that the colleague was sexually harassing clients which is obviously a protected act. But it is also potentially a Victimisation of you under the SDA (have you read this up in the SDA ?) Which may or may not be in your case, is it? The question then would be if Injury to Feelings would be a justifiable head of damage........... anyone know? What exactly have to lodged as a complaint? Also what industry were you in? Are you male / female? was the suspended colleague male / female?

Hi rachrileykelso.......... I agree that these checks can seem to go on forever. Enhanced CRB checks look deeper into what the Police know about you. Normally a check on the Police National Computer would be done but as you intend to work with vulnerable people ie children local police systems are also checked. These could include crime reports / allegations of crime but not convicted of the allegation. They could also include intelligence reports eg a neighbour has reported something concerning but maybe not a crime. The point of these is that the employer can make a judgement as to employ you or not. I am a bit concerned with what you have said. What was the conviction for in 2002? and the trouble with the social services? and the trouble with the ex?

Hi There should have been a first aid trained person there. They should have put the burn under clean running water and not infect the injury by direct contact. In addition they should have called an ambulance as burns need treating quickly as they potentially can scar. This is a large burn in a place that a young girl can easily be conscious of if a scar develops and psychological injury may yet develop if scarring is visible to the public eg when wearing short sleeves. To answer you questions Yes she has a potential claim for injury and her financial losses. The company should have an insurer and you should strat something for your daughter. How old is she? Are you insured for legal protection? Normally this is part of home contents insurance. If not a No Win No Fee solicitor may take it on. If the injury is not too bad you may want to write and do it yourself. Depends of the seriousness of the injury.

Hi Peter... I am really annoyed that my post didn't get to you so I have to rewrite this. Perhaps better???? !!!! I think you need to write a fuller explanation as to what you have gone through and detail in greater length the grievances that you have lodged. From the little you have posted I think your union is not backing you because you are still employed albeit not being paid no doubt? They appear to be ignoring allegations of discrimination, which may be an act of discrimination in itself and possible victimisation. I am assuming from the language you use eg bullying, stress , anxiety and "adjustments" that allegations of Discrimination were grieved about. You need to make all this clear. As there has been no overt act to end you employment it appears unless discrimination is the issue that you might need to wait for them to dismiss you. Perhaps you could get Legal protection NOW before they do this and then you would be insured when they act against you. I wouldn't rely on the union as they probably are working hand in hand with the employer keep the independent option open. However if you have been discriminated against you still can lodge a complaint at the Employment Tribunal. Dikscrimination is a "continuing act" and as you have grieved it have 6 months to get a complaint in. But we need to know more as stated above. The attempt to dismiss you probably is an act of victimisation among probably many that you have in those files. The health problems that have been accepted as Industrial Injuries do legally make you a 'disabled person' and the DDA 1995 will protect you. Allegations of Discrimination carry with it an ability to claim for Personal Injury, loss of wages / pension, other losses and damages for Injury to Feeling. You have the option to get a declaration that it was a discriminatory act. Once this has been done and you are still employed you then can require the employer to put right the wrongs and a failure to do then is discrimination again and the circle starts again. The point being DO NOT RESIGN. Make them do the overt act to get rid of you Hang on in there. The delay in proceedings is discrimiatory / victimisation. At least you have witnesses that is great. Normally people are on their own against an employer and they still win so take heart. The employer will never state they acted wrongly and will defend forever their actions as not being discriminatory. They have to be made to face the issue. The ET will give you an HONEST assesment so you need to get it in to the Tribunal. But how is the question as you are obviously running out of resources? Solicitors will charge you the earth and as it approaches trial the barrister will cost you even more. We were charged the entire sum of the £50k insurance cover. Management companies are hit and miss and will. cost you the earth too. Don't know of any good ones at all and this site has many horror stories that put you off. Employment Law is very complicated but yu could try and do this yourself with the help of Cagger's. I am no expert but could point you in the right direction and others will help too. The point being that once you lodge a complaint in the ET the employer HAS to deal with it. They will defend it and you will get all the nasty tricks under the sun and more victimisation no doubt. But take them to the doors of the court and into court and chances are they will start to negotiate. They probably will want you to resign as part of the settlement and sign a Compromise Agreement which will gag you from speaking. You will need to get 'expert' reports from a doctor which will cost you hundreds if not thousands of pounds. But the report will apportion liability and work for you. Finances......... Do you have some sort of Teachers benefit that replaces your wages? In the NHS if there is an injury that is the responsibility of the employer they ensure your wages do not go below 85% of normal wages. The employer has to admit they were wrong though and they won't do that easily. Got something like that? The Industrial Injury declarations are helpful as it does suggest that the employer was wrong and failing to act in accordance with the decision might also be discriminatory. However to get the benefits you have to apply for them.... more forms and a visit to the DWP doctor to assess what percentage, if any, you are disabled. You could get a lump sum or a monthly payment depending on what the doctor states... or nothing... you have to reach a basic level of disability. They don't like stress cases, but you seem to have more going for you than most so you may achieve some payout. I think that is it at present. If I have to give a personal view I would take it on and represent myself you have nothing to lose and everything to gain. I will help as much as I can and others will too. Others on the site are very knowledgeable and In think they like successes!!!! Go for it. Look forward to seeing the details of your case.

Thanks..... I will rewrite it.

I just posted a big long reply and it seems to have got lost!!!!!!!! Where is it?

Sorry Alwood your style of writing makes it difficult for us to understand the question. Please try and explain it with reference to the actual story not in the third person way you write.

Hi Peter..... are you still at work? It sounds like you are not as you state you 'left in 2008'? Did you report all this to the DWP as an Industrial Injury? I ask this of everyone so should have it automated but have to type it in... have you got Legal Protection Insurance (try looking in your Home contents insurance. Your condition probably, depending on exact diagnosis, be classified as being legally disables. That may afford you the protection of the Disability Discrimination Act 1995. Look it up. I am not a fan of unions (although they sometimes help so can't be ignored). Have they suggested where you go next? What do you do? What did they try and dismiss you for? When? Can you list the dates when things happened? This is important because Employment Tribunals have strict time lines. They would ALWAYS win even if you had 1000 witnesses and they had a dirty piece of tissue... that is what they do to people. If you are no longer in employment then a Personal Injury claim is probably the only route (DWP may also be available) left in the courts. PI action for stress cases is VERY VERY difficult, not impossible but nearly so. The courts (and lawyers because they can't make money) don't like it. You have 3 years from the date of the injury which could be 2008 or earlier. as a blue sky thinking position you may argue that that the phased return was a breach of contract (6 years to when the limitation Act runs out) so may be actionable............ but you would need EXPERT opinion on that. Regards

Damn............ why didn't we think about photos !!!!!!!!!!!!!!!! Grrrrrrrrrrrr Grrrrrrrrrrrr. P1 if you ahve good bruising or any othe rvisible injury photograph that too if you haven't already. Grrrrrrrrrrrrrrrrrrrrr Grrrrrrrrrrrrrrrrrrrrr Grrrrrrrrrrrrrrrrrrrrrrr

Ok so now we wait to see what the employer's response is to the latest letter. I don't think it is too late to get insurance. I would rather have insurance than the union because you are in control not the union. Too many hurdles to jump GET THE INSURANCE that is really important.

Good for you. The story of David and Goliath perhaps!!!

Allwood.... can we ask you what your relationship is with employee with all the problems and why she is not posting herself? Next, in brief, there were OLD DDA / grievances which were not fully implemented. When GP and the DWP AtW advisor get involved the employer decides unilaterally to change her job and working position to elsewhere in the company, correct? The issues that the employee has raised have now been submitted as another grievance. Is that correct? Has the employee got union support or access to a legal protection Insurance so an employment lawyer can get involved at some stage? It makes sense just about, we just need to be clear as to what you are trying to do for her.

Good point about facebook or perhaps even this site. Did you win?

You can raise the grievance. You just write in an state as much and the reasons she is grieving. She doesn't need someone at work representing her when she has you. I just went through a grievance with my wife which ended up in the ET. It was 3 years from start to finish. I had no experience of this type of thing but used as my judgement 'reasonableness.' They were not reasonable we were ALL the time. It is reasonable because they made her ill that they comply with the reasonable request to meet in a neutral location. If your wife can be legally termed 'disabled' ie if the illness lasts, is likely to last 12 month or more it can come under the protection of the Disability Discrimination Act 1995. Look it up. You need to cite the DDA in any correspondence and hopefully the gates will open as they have to make 'reasonable adjustments to PCP's ie policy, customs and practice. If they come back to you and say we don't normally do it that way... then reply..... so what it is a policy custom or practice and you can change them in this case because it would be unlawful if you didn't. You just have to be sure that your wife's illness can legally be termed a disability. Phone up the Equality and Human Rights Commission and ask for their link to the DDA codes of practice and read it. At the end the definition of what a disability is is in there. Here is the DDA http://www.legislation.gov.uk/ukpga/1995/50/contents but there is better info in the codes. I indicated above the problems with not raising a grievance. The ET date doesn't start until the end of the grievance so it gives time to sort it out.

Have a look first at your Home Contents insurance policy. They are normally attached to those. have a look at the terms of the policy to ensure that it covers employment disputes the nature of which you are in. Also look at the terms that they EXCLUDE. You don't want one that would not cover you. If you don't have one search the internet. There are several providers DAS is a common one but again check the terms conditions and exclusions. They normally cost £20 - £30. If they quote more then you are probably overpaying.

Many Grievances are grievances but are never actually stated as such. You need to look at the company grievance Policy, which should have 3 stages normally. Stage 1 is normally an introductory stage and dealt with verbally and informally and the word grievance is never mentioned just 'problem' or 'I don't agree' or something like that. The immediate supervisor normally sorts it out and that is the end of it. Stage 2 is enacted when stage 1 does not work. The matter can be put up to the next level supervisor when the initial supervisor can't resolve it. It can be done in writing and is normally done in writing. Stage 1 need not be involved if the situation is so serious that it needs to go straight into stage 2. I don't think the word 'grievance' need be used if the context of the letter is such that the company management realise that this falls within the context of their Grievance Policy. The facts fit the policy therefore and is dealt with as a stage 2 grievance then it is a stage 2 grievance. Stage 3 is the appeal to that stage 2 decision and normally gets into the higher reaches of management. The fact that notes were taken and signed by all present would suggest that the company were treating it as a stage 2 grievance. What's the problem?

I agree. Do you have that legal protection yet wiona?

If the Chair is a lawyer.... a complaint to the law society should also be made especially as he was responsible for instructing the QC. keep us posted, I love it when one gets the opposition on the run, makes the effort worth it as we know that we have helped in some small way.

Record for accounting purposes should be kept for a number of years, I think it is 6 (HMRC may need them), but I might be wrong there. So you should be able to reverse calculate. She would have to repay the money, however you correctly state that as it is not her mistake that she should be allowed to repay in a manner that does not put her in financial jeopardy. She should calculate what the rate should be and ask that it be taken at that rate. I would make this realistic though as they are as likely to deduct it in lump sums otherwise and then you will be in dispute and fighting and that could be nasty.

I would address the grievance to Director of HR who normally have responsibility for such things. You can't go wrong directing it there unless the Director of HR is the one being complained about in which case I would send it straight to the top. In your case as the Director of Finance is being complained about you have to assess the seniority of the various Director roles, ie Finance Director may have an executive function and HR director may just be a title. Might be safer to direct it to the CEO.

Hi eli...... Explosive.................................... I suppose that the issue on this is why the employer instructed the QC to say this and where the information came from and the intention behind it. Clearly lying to a judge in a pre curser to a trial is very serious and needs investigating. I wouldn't move until a view is expressed from your solicitor as you don't want to damage your case. However what comes to mind is to complain about the actions of the QC to the Bar Council http://www.yourrights.org.uk/yourrights/how-to-enforce-your-rights/courts-and-legal-services/complaints-against-barristers.html But that wouldn't necessarily get to the root of the matter. Is there somewhere you can complain to about the firm? Here is another option although you may find it difficult to get action on, Perverting the Course of Justice is a criminal offence. A police investigation would be necessary therefore you would need to make an allegation to find out the why's as listed above. The cps will prosecute, but that might not be necessary ALL YOU NEED IS AN INVESTIGATION and then disclosure of that investigation ie get the police to question the QC and your company. Here is what the cps say on their site http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/perverting_the_course_of_justice/ What evr you do this is great news. It must have heartened you no end.

Perhaps you should contact the DVLA and see if you can get a new registration number?

You could try doing it through ACAS. Any agreement made through them is enforceable in the courts. (or did they exclude that ???)

You need to write and get them to write back to you making the position clear for all parties. Get legal protection for employment disputes as a matter of urgency to cover you.