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papasmurf1cx

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Everything posted by papasmurf1cx

  1. I don't think making up a story to fit is wise. If it is a bad situation which one can't get out of legally, I don't think Perverting the Course of Justice will make it any better!!!!!!!! Tell the truth and take the medicine if it is relevant.
  2. Hi caddy-dave............ Did you check the other driver insurance certificates? Normally there are conditions ie allowed to drive other vehicles other than those hired out in a hire agreement or such like. What does the contract say?
  3. Are you saying you hired a vehicle but let other people drive it? What were the conditions of the hiring? Normally vehicles are hired to individuals and the company take copies of driving licences and credit card details. However I am sure they also rent out to companies and place conditions on who can drive it did you do it on behalf of a company? If it was a personal hiring and you allowed someone not authorised by the owner to drive it then you might technically comitted an offence of Allowing the Vehicle to be Driven Without the consent of the Owner. S 12 Theft Act 1968. That charge normally is accompanied by a No Insurance charge even if you have insurance it would be invalidated. So the short answer is that you probably are responsible for the insurance, but we need to know more about the details of the hiring. Sorry if this is a shock to you.
  4. replying in order to bump you up the list.. hopefully someone will answer you shortly
  5. Check your home contents insurance to see if you have legal protection cover. Data Protection issues are normally covered. if you are covered then you can claim this and take action against them.
  6. How long have you been there and how long is the tenancy? Do you want to stay there for much longer than just this tenancy?
  7. Hi wiosna.......... They have a diabolical liberty these employers. Perhaps the company is beginning to see hard times and is trying to cut back their overheads. However 50% cut in income is pretty substanial in anyone's language. I can see how upset you must be. You must plan ahead for a possible dispute and as you say you will just leave that may in these circumstances be actionable in the Employment Tribunal. That is expensive unless you have union backing or private Legal Protection Insurance for employment disputes. I suggest you see if you have this, you can sometimes find them part of home contents insurance. You can also buy them as stand alone policies. Check soon. What I would say is that if you are not happy with this is that you then need to write to your employer asap and explain that you are not happy and that you do not agree with what you were told. If they have not told you in writing that is wrong you have a right to clear terms and conditions in your employment contract. They have the right to change it after consultation but not to do so unilaterally. If they are keeping thing 'verbal' you need to put it in writing and keep copies of all communications. Are you the only person they are doing this to? If you are then that seems wrong too. If not and that it is a company wide thing that strengthen their hand because they are being 'fair' ie it affects everyone. Good employers don't want to lose good staff and will change tactics if they see that their management is counterproductive to the business. That said management also do what they want because they have to prove they are the manager. Is there any hidden agenda eg discrimination of any sort?
  8. Also another thought Daiseemae........ how long have you been 'disabled' ? Don't take offence here, all I mean by that is the legal definition of disability. Your depression / anxiety etc could be termed a disability and if they knew that you were so 'disabled' then they were under a duty to make reasonable adjustments. That could be construed as allowing the MA to slip, not overloading your work and teams, fully investigating the allegation before calling in the police. You need to put them on the back foot. If you can get some sort of protection of the DDA then take it. It complicates their lives a little bit more and could work to your advantage.
  9. What were you suspended for? What do you do? Is there a 'hidden' reason for being picked on?
  10. Daiseemae.... allegations to the police are just that allegations until they feel they have sufficient evidence to charge. That did not happen so there wasn't. It could be argued that where a person (employer in position to believe it is so) has the inkling that an offence has taken place then it should be reported to the police. Even on what you have told us I would suggest that your employer could have so concluded. The fact that your honesty could be proved but that internal procedures were not followed needs to be explained. THAT is what you are about now. I think it may be called damage limitation. Minimise as much as possible your side of it and maximise their side of it. You have to get them into the position as to make a decision that is APPROPRIATE to the level of your misdemeanour. Muddy the waters and complain that you did not get the support you needed at a stressful time. Your goal is to keep your job (and possibly relocate within the SS's perhaps to a less stressful existence. We all make mistakes, even if you do end up losing the job think about having as many excuses for the next job interview. I don't hold out much chance at the present as was said above, you are an easy target for a reduction of staff. I have just had a thought as well..... perhaps they may be in a position to offer you redundancy..... so it MUST be in your interests to prolong this for as long as you can. Are you suspended on full pay? How long does that last for?
  11. Daiseemae I think sidewinder has succinctly stated the position. I would like to add as you have raised it above that personally I would NOT just trow in the towel and resign. The reason is because any enhanced CRB check may well raise the issue for the future. Police LOCAL records are searched and disclosed. This would mean that the allegation would be on the record. You then have to explain why it is there and you might find that very difficult if you do not fight the DH. I realise that it is a judgement between your health and your future employment chances and that decision has to be yours and yours alone. However these 'mock' trials are often pre judged and you have an uphill task to over turn them. But they do not have to be forgone conclusions if you work at the bits you can. Remember your only true 'trial' would be in front of a Tribunal and out of the hands of the employer. You NEED someone that can lead you through this and as you don't have a union it is going to have to be a friend but that friend must be up to the job ie not fazed by officialdom and rank. Have you anyone that can do that? Husband? (although I realise he is not in your best books at present) From what you have said you have to attack the evidence and motives of the people that 'dropped' you in it. Again the comparing of police statements with employment statements might help so you must get them. You have to assume dismissal at stage 2 and lay the ground work for the appeal and hopefully reinstatement and a different sanction replacing dismissal. In order to make time your GP's opinion is very relevant and you should not be bullied into going when not well. Finally if you proceed then it is important to RECORD the proceedings with a digital recorder. You cannot trust the employer to make true notes and anything that you say that they should take into account can and will be omitted from their notes (even deleting items that don't suit!!!! it happens). So the appeal will have to account for these type of events yet to happen. Don't lose hope BUT YOU HAVE TO WORK FOR A GOOD RESULT and that may be months away.
  12. Hi 88engine HB is right, I am sure that disappoints you but what you have to realise is that every change of direction can be a new opportunity. You hint at your capability and your ability to lead. THAT is where you need to focus on now not harping on about lack of fairness of the law. List your achievements and what positives you have going in your life and see where you can add to them. How far off qualification are you? What will you have when qualified? Are you getting support eg from your parents? What do you want to do in life? This may not be what you want but the Armed Forces are always looking to train people. Let me tell yo a story, My mate has had 3 children and each has gone into the services and come out with a qualification. His middle daughter trained as a medic and went to Afghanistan. She was badly injured and is currently recuperating. he tells me that the army is so impressed with her that they want to train her as a doctor, which is quite something I hope you agree. The point is that youth, ambition and a clear plan on where you are going is just as important in life as the breaks you get or don't get. Treat every knock back as a chance to change and reassess.
  13. Daiseemae........ You have been to OH and they say you are OK. That doesn't have to be correct, only in the eyes of the employer, who wants to clear things up asap. You then say your GP disagrees that you are not coping. Can you clarify is your GP supporting you against the OH opinion or is it that the Gp is thinking you are bearing up well when you go to see her? The fact is that if you are suspended and have to face a DH then you have to be mentally fit to be able to do yourself justice, have time to prepare a defence, and have someone with you to assist you in doing that. So can you clear up the GP point please?
  14. Hi Intree ............... I do realise that you are concerned with the pension aspect. I don't have any experience of ombudsman. Your original post did not mention the other aspects hence my post to you. Many poster's write about on problem and there are others they are unaware of. Hopefully we will bump this up until this topic is picked up by cagger's that do have the knowledge. If it is any help I think your tenacity will get you through if at all possible. Your evidence based approach is difficult for bureaucrats to deal with.
  15. Hey glad you are not hurt. My wife is always sucking in her breath over her teeth. Well done on hubby spotting it for you.
  16. Zararh.... you are such a strong person.... I really admire you for the stand you took. Perhaps you can now write a letter to the HQ HR Director highlighting the fact you are the 4th member of staff that has found the management at your store objectionable and cite the reasons. Sometimes when a problem becomes so obvious senior management need to address issues themselves but they still need the evidence to go in to sort it out. Keep us posted on how you are doing. Best of luck.
  17. Hi Intree.... what a dreadful time you have had. All the best to your husband and yourself. I take it, it has been tough financially for you. As the psychiatrist has linked your husband's condition to a work scenario I was wondering if you had asked the DWP at any stage for a declaration that it was an Industrial Injury? These type of 'injuries' are not liked by the DWP but if the evidence is there they will declare it an industrial injury. I have more to say but will wait for your reply.
  18. Hi Zararh sometimes you have to do what you have to do just to keep yourself sane. Hope you feel better soon.
  19. Things can be logged retrospectively. I doubt they would get in trouble. My wife's employer never logged anything and nothing happened to our knowledge. Just wait thing will happen.
  20. Hi Daiseemae......... What is that expression... it never rains but it pours. You will be glad to hear that many of us on here have been through those 'pouring' days and somehow managed to come through them and remained relatively unscathed. Could I perhaps ask you to separate these problems into Problem 1 Problem 2 etc etc. Obviously they are all important to you but some are more important than others and timing may be important. So perhaps we can take Problem 1 as being the work issue and you can detail the order of the rest. For what it is worth and until you detail the history can I just say that the Police negating the allegation of Fraud is a good step forward. That means that there was no evidence of a criminal nature so what we are talking about here is purely civil in nature. Obviously a criminal conviction (You didn't admit to any cautions or such like did you?) and your profession do not mix so what we need to uncover is why the Police did not proceed. Their investigation may be of some benefit to you. Perhaps you should be writing and asking the Police to disclose all the information they have on you in regard to this investigation. Perhaps a Subject Access Request should be applied for. This may show up inconsistencies between what witnesses said to the Police and what they have said in the internal investigation. Get writing, keeping copies obviously ( I take it we don't have to explain the need for documenting everything!!!!) Can you remember when and to who you told all your problems to at work? The fact that they loaded you with more and more seems dreadfully unfair especially when they knew you were under so much stress and strain. Please explain why you could not withdraw from the MA? Have you written in and requested your personnel file? Again a SAR should be done to get what they know about you in your hands too. There might be things on there that are not correct and have tainted management views. I am assuming for a moment that the GM is bad enough to dismiss you and looking forward to that point so ask you this, why is your union not helping? have you legal Protection Insurance for employment disputes, they can be found in Home Contents insurance policies. Perhaps a tactic you should try and fight is the unfairness of the procedure they are making you go through and that must include all the things THEY did that is against you and put you under pressure. Your post above gives certain clues already, false allegation to the police (different statement perhaps??) ; refusing to stop the MA ; more work ; less staff?? ; lack of counselling?? ; social circumstance. So let's have a positive attitude...... you are who you are and that is probably not a bad person just one trying to cope when all around you is falling to bits. Speak soon.
  21. papasmurf1cx

    argos

    That should be enough to persuade them to replace the bike. make sure you get the cost of the report reimbursed.
  22. P1 I don't think RIDDOR has any relevance to a PI claim. One is buraucracy and the other a civil matter regarding negligence. The HSE always have the option to prosecute so employers need to tell them of incidents. Focus on what you need to do re DWP.
  23. Hi HB....... Just like the No 11 bus wait all day and then they all come at once. PM? When did you send it? I had to clear my folders as they were full and haven't received anything for 3 or 4 days.
  24. Do you mean a PI claim? Great that your GP was so supportive. I don't think it matters too much at this time that he has not linked the two incidents, it will be an issue when you want to use it. Now you have X Rays you will be able to track the changes to your condition and potentially attribute any future incident to it. You have 3 years from the date of the incident to start a PI claim. Personally I would wait to see what the treatment does for now and if you have a residual problem that is significant then perhaps you could consider it. Remember you have to link the problem with the incident and that mean basically that an 'expert' doctor will make an assessment to link them or otherwise. Perhaps you should wait for a change and deterioration in the condition. Difficult one to call at this stage.
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