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papasmurf1cx

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Everything posted by papasmurf1cx

  1. Hi ... Is this a big organisation or a small restaurant? Management must give you information so you can defend yourself. Is there anything at all that comes to mind as to what it could be or possibly be? Are you in a union (that may or may not help depending on the reps!!) Did he say that he was going to write to you? You need to start somewhere to defend yourself, perhaps you can elaborate on the story.
  2. Hi Angelic........... Frustration of contract is different from what you have described. Frustration is something like a lorry drives into a building causing the building to collapse. A contract to service the toilets and provide loo paper cannot be done because the toilets are no longer there!!! or something similar. No fault of the people a party to the original contract. You are describing a workplace problem that has made to sick and you are facing losing your job because of it. Would you like to tell us the story from the beginning? Start by telling us what kind of organisation you work for, what your job is and what happened to get you to where you are now. Include what happened at the grievance and how far you went with it eg to an appeal? Just to let you know that being sick with what you describe would legally categorise you as 'disabled' this does not mean you cannot get better, it is just a legal position and your company may have to make special adjustments to you in addition to the normal redundancy things. When you finish your story why don't you also give us an idea of what you want to achieve?
  3. Sounds like you have them where you want them!! They want you to move presumably because they feel you will do a better job for them in the new role. Your research into contracts is basically right. You have skills to sell they want those skills and both parties negotiate the best deal they can, otherwise there is no deal. Assuming they don't want to dismiss you (they don't have grounds to in any case) if you can't come to an agreement then you should just remain in your current post. You could try and get a pay assimilation with someone that would be on a comparable job description within the company. If you are going into a management role why not ask for the same pay as a comparable manager (getting proof of the salary!!) and in any case not lower than your current salary + commission. ??
  4. Ok....... now that you have unburdened your soul.................... Keep your mouth shut and say nothing. Let us know if you get the knock on the door at 4am!!!
  5. Hey Lupe....... there are two scenarios here............ 1........ you gave or allowed your friend to take and use your card and your fear is that you too will be caught in this affair and you have voiced this in this thread because you need to off load. If an investigator knocks on your door I am fairly confident that you will admit everything before the echo of the knock on the door fades into the distance..................... 2. ................ You are entirely innocent and your worry about your friend changing her mind is also genuine and you are in a quandary as to what to say as you don't have the confidence to say your friend is a thief. To be honest your friend's character has been shattered and she is basically a dishonest person. She will be penalised according to the law. She will either remain a friend because you are complicit in any event (whether she holds to her story or changes her mind) or she will become an ex friend because she changes her story and drops you in it because she tells the truth or because she did in fact steal from you. Lupe convession is good for the soul........... if you can't live with yourself over this and you have done something you regret best you don't lie. You have wound yourself up good and proper here I doubt many on here don't suspect you have something to regret over this entire incident!!!!! Final piece of advice and please don't be offended but SAY NOTHING TO ANYONE.
  6. Hi Campari.... What exactly is the nature of the damage and the cost? How old is your son? There are higher standards of proof needed for very young children so it would be helpful to know the age. What exactly has the PC done that would justify you complaining ie is it more than the officer merely carrying out his duty to investigate allegations made by other members of the public?
  7. Hi... this does sound like Disability Discrimination. What is the disability and how would the change help your friend? I agree that a grievance should be lodged about the unfairness of it all. Your friend should detail exactly what has happened (and not happened) detailing dates and what was said and to whom. What the 'colleagues' had asked and what was given to them and for what reasons. Once we know what the disability is and the reasons for why it would help in changing what was asked for then we can detail what under the DDA the employer may have breached. However your friend must be aware that when you start complaining about managers things may start to 'hot' up for your friend. Ensure your friend has Legal Protection Insurance for employment disputes in place before any grievance is put in. They cost £20 & £30 either as a stand alone policy or attached to some other insurance eg Home contents insurance.
  8. The appeal chairman will be looking to see if the decision maker at the first hearing did everything correctly, ie from a procedural point of view as well as making the decision according to the evidence. If these things were fairly decided then you would be in with a chance but they rarely are. Managers back up what junior managers do because when it comes down to it those managers enact the flawed policies made by the senior manager. In our experience you only get "justice" when you get outside to an Employment Tribunal. Record the proceedings because the management notes are more often than not doctored to show that the law has been complied with. Hopefully you have had sight of the management notes at the first hearing?
  9. elpulpo...... you must know your stuff. It makes me think he is trying to have you over in some way. Solicitors always want clarity in writing. Why don't you write to him comfirming the conversation and detailing why you think he is not protecting the firm by not signing a CA?
  10. Erika........... Children are priceless. Reminds me when I was 'guarding' the entrance to a very busy ELC just before Christmas. My wife was shopping and we let my daughter roam free in the store exploring all the toys, hence me guarding the only exit. But as I said it was very busy and somehow she managed to wander out of the shop, out of the shopping centre mall and 300 yards down the High Street, where she then went into another store and started playing with the stock. Luckily an assistant knew that a 2-3 year old was obviously without a parent and called the Police. The Police already knew as my wife and I were panicking by then. I rushed to the shop to pick her up and when I got there, it was obvious I was Dad, but reassuringly the assistant said look here's your Daddy. Priceless............. "That's not my daddy.........." oh well I wonder who is then!!!!!!!!!!
  11. Hi ...... How old are you, what kind of job is it that you do and is in a private company or PLC or Government type job. My wife took ill health retirement earlier in the year from a NHS nursing job over a DDA issue. If you work in the NHS employers cannot give you ill health retirement, they can support your application nothing else. I suppose you need to look at the terms and conditions of the pension scheme you are in. Are there age restriction etc etc.
  12. Are you legally trained? It does seem a rather unequal position and I would be rather wary of doing things that you are being 'forced' into doing. Normally employers WANT other parties to be legally represented and actually pay for it so that the niceities of the law are adhered to. Alternatively I believe ACAS offer a service where agreements are made that conform with the law and then those agreements are enforceable in law. So for him to not want to do it that way is very odd as it would actually protect the employer. My wife and I have recently been this route and she had to sign a CA. You could PM me if you have any queries. That was a matter of Disability Discrimination too. You may want to guage the money perhaps??
  13. Lupe can't you and your friend just keep your mouthes zipped. Why are you continually thinking that you or your friend are in any way required to give anyone in authority and explanation. They caught her, she knew she shouldn't have done it she amy or may not be prosecuted for this offence any other allegation of theft or otherwise still needs to be proved. That means you would have to give a statement. You don't have to in fact you can say that your friend did a stupid thing and you decline to give a statement as she is still a friend and will continue to be a friend. You don't have to co operate, you don't have to say anything and you don't have to help them convict her of anything else.
  14. Who was present at the off the record discussion? Sounds to me that they admit nothing but want shot of you and have basically offered you money to go quietly. If you ask me it sounds to me a bit cheap. Off the record conversations usually are prefaced but the words "without prejudice" This means that you can discuss offers of money but are not bound by the discussions or writings unless you agree to the offers when it then basically becomes a contract . How much would you be entitled to if you were made redundant? How do the two figures equate to each other. If you were minded to go but it is only the money that is stopping you you could write back to them refusing that offer but making one that would be acceptable to you. If you did that you should always head the letter "Without Prejudice" that way they can't use it against you in any trial.
  15. You'll get there monkeygirl.......... this site is all about taking control and sorting problems out. Time and time again you see threads where someone is terrified of the future and what 'the enemy' will do to them. In actual fact it is two way streey your employer by advertising YOUR job has shown their true colours. Take charge and give em hell!!
  16. If it ever got to the stage where you are being interviewed in the manner outlined above, you should be told, That you are not under arrest That you have the right to consult a solicitor That you are free to leave. Personally I would leave and get a lawyer. Say nothing until you get proper qualified legal advice.
  17. Hey sillygirl......... your are living in the same place as me!!!!! ????? !!!! now I haven't seen you in my house unless you are my wife or daughter. Or perhaps you mean Wimbledon Common? Nice story though. Two Christmases ago I got involved in a road rage incident where a drunken Irishman was looking for a fight. The circumstances aren't really important suffice to say I was in the right and the victim. Anyway this guy parked up and ran over to my car. My son had just gone into the chemist to get my prescription. Said Drunk hammered on my window and was inviting me out for a fight. My wife promptly told me to lock all the doors and started phoning 999. Drunk says if I don't get out he'll smash window and drag me out!!! Anyway I was pretty annoyed at him and whilst he went to the rear of my car out of the road which was busy, he started taking off his jacket. Silly papasmurf gets out and hops on his remaining leg to said drunken Irishman and says..... "Oh your a big man taking on a disabled person" Said drunk Irishman's jaw dropped and as he's picking up and putting on jacket is spluttering apologies and desirous to shake papasmuf's hand. Drunk couldn't get away quickly enough and without handshake. Son returns shaking head wondering what on earth had gone on but not entirely surprised as inexplicable events seem to attract to Papasmurf for no apparent reasons!!
  18. I believe you can. Have you legal Protection insurance cover which normally covers consumer affairs?
  19. Don't have much trust in TS unfortunately. I had a similar problem with a toy for my son 14 - 15 years ago when he was about 6 too.
  20. Have you still got the free gift and packet? What exactly is the injury and is there any scarring? What is it you want to achieve now that you are angry with them for thew way they have treated you?
  21. Hi Rob... firstly I am glad that you and the others in the car were not seriously injured. You have 100% liability and to be perfectly honest you are doing yourself a big disservice by comtemplating that you are better merely weeks after the accident. Who is to say that your injuries will not reoccur a couple of weeks down the line. I lost my leg in a RTA and have had a couple of shunts that set of my PTSD and have settled reasonably quickly but, and it is a big but, I have had my fill of solicitors over the last 10 years and a reasonable offer is all I ask. However that is me, you may not feel the same way and I have to say the best thing to do is get a solicitor who will stretch the matter out. They will appoint doctors to get reports and they will wait until they are sure that no complications arise....... and that is actually in your interests. A case quickly settled for and insurance company is a CHEAP case settled. The last time I directly approached the insurance company they waited until I said a figure and then laughed in my face. It wasn't unreasonable. That got me angry and I decided to appoint a solicitor just to spite them. They ended up paying me more than I had asked for and they had the costs on top. If you decide not to go the solicitor route, turn around to them and say you are minded to appoint a solicitor but if they wanted to make you an offer, in writing, you would consider it. They will ask you how much you want DON'T tell them any figure. Instead insist they start the numbers game and insist it is in writing. Do NOT say you are recovered, they make notes TELL THEM NOTHING ABOUT THE STATE OF YOUR HEALTH it is none of their business. Later if you have to disclose your medical notes, there is a way you can circumvent full disclosure, be careful.
  22. You don't have to give an explanation. All you have to say is I didn't know anything until my friend told me what had happened. The more you say the more you will say something you might regret. Stop worrying about something that hasn't happened and is unlikely to happen. Even your friend absolved you.
  23. I hope you have not been overlooked by the 'brains' on here. I am sure someone will be along in a moment or so.
  24. Your friend has all the problems. All you need to say, if and when questioned, is the truth ie that you were out of the country and know nothing about this incident. There is a thing in law called mens rea ie guilty mind, you must think what you are doing was wrong for any criminal matter to reach a conviction. Even in civil law generally the person must have knowledge that he doing something that may not be 'right' (there is a huge area of debate over the relative rights and wrongs) so again even if you potentially had some liability you have to admit you knew what she was doing. In short no knowledge of the act you are going to be Okay............. more tea officer???????
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