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  1. I've lived with my best friend (100% NOT as partners - we are blokes!) for 10 years, and in that time I have always worked, never even signed on or claimed any benefits. My mother lived with us until she passed away in January, and my friend cared for her and received carers allowance. A few weeks ago he claimed JSA and this has been refused as it is deemed that he and I are living together as partners. This is totally not the case. He wants to appeal this, what is the best way? Do I have to swear an oath if that helps?
  2. In November last year I had my E.S.A stopped as I was told it had run for 365 days and as it was contribution based I had reached the end of entitlement. I was told I didn't qualify for Income Based E.S.A as my wife worked. Later in November I attended Atos Assessment. It took until March this year to get a decision which gave me only 6 points and totally ignored what I had told the Atos nurse etc. I appealed and yesterday received a phone call stating that I had won the appeal and achieved 19 points. I was also told that all my benefits will be restored. Now I does anyone know if my benefits will be backdated as from the time they originally stopped (16th November 2012) or if it will just be from the time I appealed. I add also that I did not receive the Appeal Rate E.S.A and also that the appeal result took less than two weeks. I am awaiting the official letter but the woman yesterday actually said 'We only really phone if it is good news as we get a lot of abuse if an appeal fails' So am wondering if I am due a windfall or not!
  3. After 10 years with one employer and no disciplinary hearings or misdemeanours I seem to be heading towards a final warning. My first disciplinary early May 2012 was due to not being able to help a caller on the phone as it was at the end of my shift, but I had returned to work after time off with clinical depression and also after my father in law died. I was told it may be a disciplinary hearing a week later. I was then on holiday and had an nasty accident which meant I did not go back to work until September 2012 and on a phased return with reduced hours. The disciplinary was brought back up in November 2012 - I received the letter Friday afternoon for the hearing the next week Monday or Tuesday. Little notice but I went ahead. To be honest I wanted it all over and done with. The outcome was a verbal warning to stay on my record for 6 months. At the time of the call I was ill on a phased return with a sick note. In March i was pulled up for taking a call where i was not very helpful to the caller and possibly cutting the caller off. Not my normal style of call, but mistakes do happen. After 2 weeks of not hearing anything I chased up when the hearing was going to be and by the end of that day was told it would be in on Tuesday after Easter. I found as it was Easter it was too late to get union or even ACAS advice. I went into the hearing with a colleague, and have come out with a written warning which will stay on my record for 12 months because of the previous verbal warning. I think this is unfair because it seems extreme in comparison to what I did, and what other people have done, also its a written warning because of the time factors involved with the first hearing. I have not yet received anything in writing. At the time my manager was referring to a version of events I had not heard before, this was later found on a record I could view after the meeting. Is it worth appealing - i have admitted the difficulties i had in the call, and the type of help i would benefit from in the future so part of me wants to forget it. I
  4. Hey, I have been getting bills from HMRC for a few years - I have copied this from another post, but this is more specific about appealing to HMRC: I did a course through a government business called InvestNI in Northern Ireland, they help people with business advise, writing a business plan etc. I was planning on starting a business here The market was simply too bad to start and wouldn't be profitable after I did more research and went through options with the business advisors - I couldn't afford even the startup because of some things I didn't think about I was advised to go to an accountant to talk about starting this up in general, which I did I was asked some questions about me and the business The accountant registered the business, which I did not ask for at all I got lots of bills from HMRC for starting the business, went to the accountant about it and he said it's no problem because the business never started, just ignore them, they are automated I got more. I went to InvestNI, same advise, ignore because I didn't start and they are just automated The whole time I have been on Job Seekers - I did the course with InvestNI through them, they know I haven't started any business - How can I be both running a business and on JSA trying to find a job... HMRC seems to think I am. I wanted to know if there is anything I can do about this, I have never had a business and I didn't register a business or ask for it to be registered. Can anyone help with this please? The bill is currently at £1200+ and also a £200 debt from a debt collection agency now because of previous bills from HMRC. Thanks very much for any help!
  5. Earlier this year I was getting a lot of letters from some solicitors, claiming that I owed American Express money. Unsure why, I phoned them up to inform them that I had never had any dealings with them, no credit cards or anything else. After that I presumed the matter resolved. Anyway, in February I received a letter to say that it had been taken to court. I submitted a defence online via MCOL stating that I had never had any dealings with American Express, never had a credit card in my life, that there had been nothing submitted to show that I owed anyone money (e.g. credit agreement) and I refused to pay it. It said the defence was submitted so I left it at that. Lo and behold exactly one month later, I got a letter saying that a default judgement had been made against me as I had apparently not replied to the claim form. I logged on to MCOL and it shows the date I submitted my defence and also the date judgement was made. Nothing else. Sorry for the long post but could anyone tell me what action I can take, I'm obviously not happy and have no idea of what's going on. Can I appeal this at all? Thanks for reading
  6. Hi Folks, Apparently PATAS only allow six grounds for appeal - otherwise they throw out your appeal automatically. Have searched the PATAS website but cannot find any info on this. Can anyone provide a relevant link? Cheers, Art
  7. Afternoon guys Righty just after some advise or re assurance I have been working for a company driving/escorting prisoners for 7 years until valentines day I was suspended for an investigation to take place, the company done me for gross misconduct 2 weeks later and I have jut had my appeal date through which is on the 28th. Anyhow quick details so you can advise Given a route which had a female prisoner to be collected and I as a male was on the back on the vehicle, during my training we were told that males should not sit in back with females so ive never done this, I questioned the route with my boss who said to me to either do the route or go home, he also stated that a new memo from the home office had come out stating males can transport females now so I asked to see the new memo as an employee I/we have the right to see these yeah? anyhow I was not shown this memo so I took the option of going home. I sent an email to HR and asked for them to send me the company SOP (standard operators procedure) for transporting a female and the SOP does not mention anything about a male being able to transport a female prisoner so what do you think my chances are? The manager who took my meeting who then sacked me could not give me an answer to the SOP and said I ask far to many questions to my managers. Look forward to any points Thanks Pete
  8. Hi all, I have a couple of brief ish questions about a late return Notice of Penalty Assessment I received today.. I believe I have a resonable excuse for filing it online just 17 minutes after midnight as I was locked out of their system for 3 looong hours after entering my password incorrectly 3 times in a row after an automatic log-out (I didn't realise I was locked out for a fair while - thought it was a system crash their side). So I have written so on the appeal form. However, I always think you should add extra too.. So I have two questions if someone might be able to help me, please ? a) ALL HMRC literature says that a penalty of £100 is to be paid if there is a delay of 1 day. Note that this does not say up to one day, but simply a delay of 1 day. My delay was of just 17 minutes and so well below that of the required 1 day (24 hours) to incur a £100 fine. Is the penalty schedule laid out specifically anywhere in the Finance Act ? I can't find reference to any legally set out timings.. Or is the HMRC literature grossly misleading (and infact a penalty is incurred immediately)? b) The Notice of Penalty Assessment asks that I please pay the fine within 30 days of the date shown on the notice. I know from parking law that there is a BIG difference between date of notice and date of SERVICE of notice. I received this Notice just today, 22nd yet the Notice is dated 12th - a whole 10 days difference. i.e it was served on 22nd although often service date is assumed to be 2 days after postage date for first class mail AND is required to be first class mail if that date is to be legally significant (as far as I'm aware, and from my experience of Road Traffic Act etc) which I don't think this was.. That would cause prejudice against my ability to comply. Is a payment schedule for penalties set out specifically anywhere in legislature like the Finance Act? Likewise I can't find any reference... I'm probably going too far here but I do like to cover my bases.. Thanks in advance for any help.
  9. Hi. I was suspended today for using abusive/derogatory comments on social media site. Comments that may have been offensive, violent language. And that I have allegedly breach the communication policy. There are various screen shots of these comments which were taken from my profile when it was temporarily made public. My profile is anonymous, does not name me. Nor do I mention the company I work for or name my colleagues. Someone has trawled through my account - as far as 10 months - and taken screen shots. I had blocked everyone from work and it appears from the screen shots that someone I work with has used an alias email account to befriend me and then take these screen shots. There are approx 50 "comments" going back as far as March. A lot of these are part of conversations and as a stand alone comment are harmless and none offensive. Put together they don't look good. I've never been in any kind of trouble before and I'm really concerned. How do I approach the investigatory meeting I'm required to attend in the morning? I'm scared of saying something wrong that may make things worse. I'm currently under a lot of stress at home, as well as with the office politics (that are referred to in the screen shots), I don't know how to handle this as well. I'm posting this on my phone so hope it makes sense.
  10. My employer has declined my request for flexible working and I would like to appeal. Before lodging an appeal, I wished to take union advice, but my union caseworker fell ill and there was a delay until someone else could be found to take on my file and provide advice. Unfortunately, by this point, the 14-day period in which appeals must be made had elapsed (it is day 15). Can I claim that I am entitled to an extension on the grounds that employees should receive proper legal/union support? I can't find anything legal about this on the internet. Any advice appreciated!
  11. Hello, I'm looking for advice regarding appealing against a tax credit decision. I've had a good look around the site but can't find anything specific to our situation. There is a lot of background so I will try and keep it simple. My husband and his ex-wife divorced 13 years ago. They have 3 children together who have mostly lived with their mum and her husband (eldest lived with us throughout teens). My husband has paid an agreed amount to the mum every month without fail until they leave education. This situation relates to the eldest daughter - 22, single, 2 year old child - who I will refer to as d1 and youngest daughter - 16, currently still at school - who I will refer to as d2. There is a long history between the children and their step-father which all came to a head through a violent situation last September, 1 week before d2 turned 16. She realised she couldn't live in that environment any longer and after her mother failing to safeguard her it was agreed she would live with d1. D1 told her mum she wanted to start claiming tax credits for d2 in October. Mother was not happy and applied pressure and guilt onto d1 to not claim, fully aware that d2 would not be moving back. D1 continued with claim as she can't raise 2 kids on what she had. Her mum also continued to claim for d2. We stopped the money normally paid to their mother and started paying it to d1 in October. D1 is informed this week that her mum will be receiving the tax credits for d2 as evidence has been provided that d2 is living with her. We think the 'evidence' is school correspondence as she has instructed d2 school to send all letters to her and not to have any communication with d1, my husband or myself, even though they know she lives with d1 and its me who deals with school subjects, medical issues such as illness and hospital appointments, transport, money, uniform etc. their mother has had minimal contact with either daughter apart from the odd text message and has contributed absolutely nothing to the up bringing of d2. Any clothes, toiletries, travel, shopping, socialising that could not be paid for by d1 has been paid for by us. D1 spoke to tax credits who told her she could appeal but couldn't tell her what evidence she should provide. So, we thought a letter from us stating the facts and a copy of our bank statements showing payment to d1 each month. A letter from d1 social worker (an anonymous call was made last month accusing d1 of neglect which was found to be false but rules state the social worker must keep in touch for 6 weeks, so he knows the situation) a copy of d2 bank account information registered at d1 address and hopefully something from the school once I've found a way of speaking to them (!). Does anyone know if that will be enough? Or if there is other evidence we could use? Any advice would be very much appreciated. Thank you.
  12. Hi, I am due in court in six weeks time to appeal the decision where my landlord was awarded rent, after I had moved out. The origional case was very lengthy ,and assisted with advice from the CAB (face to face), Shelter (website) and a solicitor (legal advise). The actual day in court took in excess of two and a half hours, during which I effectively lost. My appeal descision has been made and accepted, the transcript of judgement has taken over eight months to obtain, and are 7352 words! As my solicitor said - the simple ones are often the most interesting! My claim was actually for the DPS to release my own deposit back to me. The LL was thus the defendant. The legal arguement given to me was tha the Landlord had not issued a section 21 notice requiring possesion; Instead, he had written to me with a contractural change proposal. In it he advised me that my permision to reside had been withdrawn and that I was to leave by .... 'at the latest'. My departure date was therefore anticipated to be on an earlier date than the date the landlord avocated, and the rent paid to that date accordingy. My consideration and acceptance of the Landlords contract change was evidenced by my acceptance letter. My case was thus pivotal around the fact that this was seen in contractural grounds, which legal evidence seemed to support. The judge however saw things differently.... A few excepts: Me: It is contractural law, obviously' Judge: Well, it is actually more complicated than contractural law. Contractural law is a lot easier than landlord and tenant.' Me: But there was a new part of the contract that was formed with Mr .... letter. That is a new contract. Judge: No it is not a new contract. It is a section 21 notice or purported to be one, but not in the right terms of the wording. It is a perfectly normal legal position. It is all laid down in Parliament. It is not me who is making this. I was on the understanding that a section 21 notice had to be headed such, and needed to give the address of both the address and the addressee, for it to be legally considered as a section 21 notice. My notice was not. Could anyone help with teh following questions: a) I need to lodge "skeleton arguement" Do I need to argue against the judges's transcript, or is it case of representing the facts? b) Any other advise?? My main reason for my court case is not financial (it has cost me hundreds); it is moral. My landlord has a number of properties and he advised me that he was used to getting his way, with his tenants, many of who are on benefits. Kind regards
  13. VCS Ltd v HMRC: Application pending to Court of Appeal As many on here will know, HMRC found that Vehicle Control Service Ltd ( a company owned by Mr Simon Renshaw-Smith) were liable to pay VAT from 04/05 to 10/09 on parking charges collected from motorists. VCS Ltd appealed this decision to the First Tier Tax Tribunal and attempted to argue that VAT was not payable as the charges were either “damages for breach of contract” or “damages for trespass" The Tribunal found against them and ruled that VCS Ltd (and, by implication...all other private parking companies) had no authority to issue a charge in the first place as VCS Ltd had no occupational right to the land that they patrolled and consequently; could not enter into a contract with the driver. They ruled that monies received from motorists by VCS Ltd were in fact “services to the landowner” with whom VCS Ltd had a contract to provide parking control services. It was made clear from the First Tier Tribunal that there was no contract between VCS Ltd and the motorist. VCS Ltd appealed this decision to the Upper Tribunal (Tax & Chancery Chamber) where the case was considered on 6th March 2012 before Judge Roger Berner and Judge Nicholas Aleksander. They concluded that the First Tier Tribunal has been correct in that there was no contract between VCS Ltd and the motorist and as a consequence, VCS Ltd had no right to claim damages in trespass against motorists who parked in breach and accordingly, that the penalty charges did not constitute damages. The Upper Tribunal dismissed the appeal. Firstly it should be noted that the Upper Tribunal was established under Section 3 of the TCE Act 2007 as a Superior Court of record and accordingly, its decisions establish precedents which are bindings on lower courts. Yesterday, a “little birdie” informed me that VCS Ltd have appealed the Upper Tribunals Order dated 2nd May and the matter is now listed at the Court of Appeal on 4th or 5th May 2013. Closer to the date one of these two dates will fall away. The case has been listed with a time estimate of 4 hours.
  14. I scored 0 points and have received Incapacity benefit for 5 years. I just got a sick note from the Dr's and I'm mailing off my appeal today, I note that it has now changed to ESA and that the standard letter with 0 points is common from the first review. usual stuff with the sounds of it, she asked me a bunch of questions about my mental health then when I got the report five months later (I got kicked off at the start of the year 2ndjan) it was well in all honesty a load of BS. She didnt note one of my symptoms, decided that I had imaginary anxeity etc and my dodgy thoughts were nothing to worry about. Is there anything I can do? I have seen a Citizens advice bloke at my doctors and he says taking a doctors report to the appeal should help. Oh will i get reduced rate while the appeal is ongoing or will i get paid same? Thanks for reading.
  15. My sisters next-door neighbour was declared fit last August 2012 as fit for work after his Atos assessment,He decided to appeal, In Jan 2013 he decided because of pressure from his doctor and others and the info they gave him that he would not win his appeal as many do not, He decided to sign on for work JSA .But before he decided to sign on for JSA he had sent a letter and more info done by his girlfriend on his mental health problems and how she feels it was unfair after just decided after he had been ill for a very long time he was fit for work, She told them in a letter that the ATOS interview and its questions did not in any way reflect his life and things are just not as simple as they made it out to be and she put other relevant info in the letter too. The only reason he decided to sign on JSA was the fact his doctor told him oven though you are ill you will not win your appeal or are very very unlikely too win it and it is better to move on (he is still taking his tablets ) he suffers from very bad depression and anxiety attacks and other mantel health related problems.. Anyway today Sat 9th March 2013 he received a letter(this is about 7 months after he was declared fit for work) that they have looked at his assessment again and took into account the other info provided and have made a new decision in his favour and he now does not need to go to appeal and does not need to be re assessed until 20/07/2014 .. He needs info on what to do now ..he his now on JSA .. what will happen.. even though he is on JSA will get the backdated money he is owed whilst he was in the appeal mode .. can he now go back on ESA.. any advice please would be grateful
  16. Hi, I got a parking ticket for apparently parking in a red route zone for loading only. It was my belief that parking in the bay I did was not in the zone for red route as it was marked the same as all other usual parking bays. I even bought a ticket. Half way through my parking bay was a sign for red route but the red marking bays which I assumed this referred to were in front of my bay. Please take a look at the picture of the bays I was parked in the bay with the arrow and you will see the sign next to it. Ok so I want to appeal this and would like anyone to confirm the following basis and any others I may have missed. A. The bay I parked in does not comply with markings for a red route bay even with the sign in place. B. The zone end sign which is on the opposite side of the road before my bay does not apply as there was not sign on my side of the road. I understand that a zone end sign MUST be placed on both sides of the road. Many thanks.
  17. Hi all, I have just received a letter from work and pensions stating that the re-looking at my case has failed and that I need to go to a tribunal. My question is when you first appeal, do they ask your doctor for information or just go back and look at the information that the 'medical professional' stated in the first place. My problem is that I was told that I got 0 points and I asked for the information that she had written, but never received it so I did a general appeal and told them that i did not get the report. With that I received the letter, as I stated earlier (sorry if I am going around in circles) that she agreed with the original report. I am on DLA (which i had no problem getting), I also have carers allowance I cannot cook for myself, the local council have just put in a disabled shower for me as well as two bannisters for helping met get up and down the stairs. I am on three painkillers during the day which are morphine patches, paracetamol and nefopam (i am allergic to NSAID's) and at night I have Amitriptyline (for pain not depression). Even Open University have helped so I could continue to study. I phoned my doctors today and they had received at letter from them telling my doctor that i was fit to work, but they never asked him for any information. Is that normal? Shouldn't they be asking a medical professional who can touch you and examine you properly. I have also had one lateral release done on one knee and know awaiting the other. The 'medical professional' who saw me, put incorrect info in some and missed out others. I had taken up my disability letter but she said they don't require that. I mean even if I do have to look for work who the hell is going to hire me (I have arthritis and degenerative knee disease in both knees) when on some days I can't even move out of bed. If anyone has any info please let me know. Thanks Lea
  18. Hi, I'm obviously trying to go through other channels but really would appreciate some advice from anyone who can help. Up until recently I was a Police officer (PC) - This does not mean I know every bit of the law inside out and certainly not employment law. I've recently been dismissed at a misconduct hearing after admitting gross misconduct. I feel I have grounds for appeal but It's been indicated to me that due to the fact that I admitted gross misconduct, I now CAN'T appeal the sanction of dismissal to the Police appeals tribunal. IS THIS CORRECT??? I've copied below a part exert from the Police appeals tribunal rules 2008 - The bit in red is what I'm interested in because there is a part where it says 'A police officer may not appeal to a tribunal against the finding referred to in paragraph(2)(a), (b) or © where that finding was made following acceptance by the officer that his conduct amounted to misconduct or gross misconduct (as the case may be). The bit in red lists 3 circumstances (the grounds for appeal under this rule are) 1. where the sanction was unfair, 2 new evidence has come to light or 3 a breach of procedures - I believe that the sanction was unfair and also that there was a breach of process so my question is .. CAN I APPEAL THE SANCTION on those 2 grounds even after admitting gross misconduct??? Circumstances in which a police officer may appeal to a tribunal 4. —(1) Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against— (a) the finding referred to in paragraph (2)(a), (b) or © made under the Conduct Regulations; or (b) the disciplinary action, if any, imposed under the Conduct Regulations in consequence of that finding, or both. (2) This paragraph applies to— (a) an officer other than a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or (b) a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct meeting or a misconduct hearing; or © an officer against whom a finding of gross misconduct has been made at a special case hearing. (3) A police officer may not appeal to a tribunal against the finding referred to in paragraph (2)(a), (b) or © where that finding was made following acceptance by the officer that his conduct amounted to misconduct or gross misconduct (as the case may be). (4) The grounds of appeal under this rule are— (a) that the finding or disciplinary action imposed was unreasonable; or (b) that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision on disciplinary action; or © that there was a breach of the procedures set out in the Conduct Regulations, the Police (Complaints and Misconduct) Regulations 2004( a), Schedule 3 to the Police Reform Act 2002( b) or other unfairness which could have materially affected the finding or decision on disciplinary action. THANKYOU very much for taking the time to read this any quick responses would be unbelievably appreciated.
  19. Sorry if this has been answered but i cant find it. When they send me the news ive failed to get enough points which they will, the GL24 form i think its called. When i fill out this form where it says put any other things on a separate piece of paper do i have to write it out or can it be typed out and printed. My writing isnt the best and as i get more annoyed my writing gets more unreadable. Thanks for any replies.
  20. Source disney.go.com/mickey/. I'm about to appeal and have been wondering about the best course of action is with that's going on with the reforms. I just got a sick note yesterday and now i have to fill out the appeal form but in light of this i could possibly have no benefits while appealing which can take up to 12 months? I'm really looking for advice or info from those with experience, if this is the case i'm at a bit of a loss. I want to appeal but if this means having no money then what choice do i have but to go on to JSA if i am to continue to receive benefits? The DWP said i could go onto JSA but with extra help and support if i couldn't get ESA. Anyone aware of this? It meant having to apply for 2 jobs a week instead of 7 and some other help support but i can't remember what exactly. I need to do this appeal right away but i'm unclear on how to proceed, i saw the CAG mail thing can i use this? DWP recommended i write it out and drop it into a job centre but being ill i don't know when i can get to one. Due to indecision i've left it till the last minute but i am too ill to work as much as i'd like to, would make things simpler! Anyway thanks for taking the time to read and any advice is greatly appreciated. Teej.
  21. Hello everyone, I have been fined by TFL (needles to say it was incorrect fine) but I missed the deadline to appeal due to a mix of business responsibilities and personal health issue. Can I still object this fine? I have enough evidence for my appeal and I am positive I will win, but legally do I have the right appeal when I have missed the deadline? Many thanks
  22. hi i won my appeal but i have some questions what is regulation 35? how long does it takle for the esa appeal to update
  23. hello. i wrote on here in June last year when i went for my esa medical which of course i failed and only got 6 points in. Today at long last i got a massive letter with all the previous letters i had sent them and it says on "if there will be an oral hearing they will tell you where and when it will be heard. I just am not sure what stage i am at. Is it now just going through to a decision maker? Just a little stressed out reading through some of the actual comments the "medical assessor" put if you can call her that at the time i went for the medical. I did also wonder if it did go to a hearing, would i have to attend? That scares me the most out of anything. Any help from someone who has been through and got the same kind of papers i got would be great. thank you all in advance.
  24. I am 22 and i started my job last July and was generally quite productive getting 4, 5 or maybe more cases done per day. My supervisor who had started a month before me and wasn't the supervisor from the beginning took a dislike to me. He would try to find mistakes and then tell me i was making too many (when i had my cases checked by other members of staff i never had as many mistakes). I was off ill for 3 weeks from september into october 2012 having been in hospital and having surgery so when i started back after that i took a bit of time to get back into the swing of things but again i would generally reach my target of four cases and maybe sometimes be slightly under at 3. My supervisor pulled me aside in october to tell me that he wasnt happy with my attitude saying i was too sarcastic even though he and the rest of the team were exactly the same so i felt singled out he also said i wasnt working as hard as he would like even though i was reaching my targets. I then took ill again in january and was in hospital again and off for two and a half weeks (with a doctors note.) when i returned to work this month i had a doctors note saying my painkillers will affect my concentration so i may not work as fast as before. Less than a week after i came back i came home to a letter telling me to come to a meeting to dicuss "issues affecting my overall performance" and that a possible outcome of the meeting would be termination of my employment. The meeting was last Thursday (21/02/13). I was told at the meeting that i wasnt working fast enough, i was making way too many mistakes for having been there 8 months etc. I was then told that i had been spoken to on two occasions about this (october which i remember, and january which i dont remember so i dont believe i was spoken to in january) On no occasion was i made aware that i was being given any official warnings or any written warnings, i was not given the opportunity to retrain and i was not given any trial periods or action plans. i was therefore not given the chance to try and better my performance. I believe however that they were using performance as an excuse to get rid of me due to my supervisors dislike of me and my 2 long absences due to ill health but they thought they would get away with getting rid of me on the bassis of performance. What i would like to know is do you think bringing up these reastons at my appear will be enough to clear my name? I do not want the job back as it was a joke and my supervisor made me dread every day but i just want to not have "dismissed" on my record as that makes finding a new job much more difficult. I know i can't use unfair dismissal as i wasn't there 2 years but i just want my name cleared. Sorry for the big long story and thanks in advance for your help
  25. Hi, I am looking for a little advice. I have an appeal against redundancy meeting coming up, and papers will be exchanged next week. My last day at/of work was end of Jan, and I received my redundancy settlement at that time. I am appealing on the grounds that the redundancy process was flawed, and I was targeted after raising serious concerns about health & safety. I believe I have a strong case supported by a large amount of evidence. I had been treated unfairly over a 2/3 year period and 2 years ago suffered depression & a breakdown. I returned after 2 months sick leave and a risk assessment was undertaken, which was then promptly filed and ignored. I suffered a relapse late last year and was off for 2.5 months. On meeting with OH to discuss a phased return I made mention of my specific mental health diagnosis, and expressed disappointment that the previous risk assessment had been ignored. This was shared with a senior manager. Despite being assured I would be supported this time on my return, management did not contact me once between my returning and my leaving date 4 weeks later. My health has been seriously impacted upon and I am currently unable to work. Additionally, I do not foresee being able to work full time in the near future, nor ever in a particularly stressful environment. Efforts to redeploy me were insincere and since leaving several suitable alternative positions, some which I knew of, have now been advertised. I am not looking for reinstatement, but for acknowledgement I have been unfairly treated and compensation for same and injury to health/feelings. A senior HR manager is aware of this and suggested I might take specific detail to the appeal meeting. So, my queries: - how much detail should I go into at appeal and the papers I supply for this? - if it were to proceed to tribunal what would be the best way to proceed, ie: unfair dismissal, discrimination, whistleblowing?? - what exactly should I take into account when arriving at a suitable compensation figure? Any help or pointers most gratefully received. Many thanks. Cheeselet
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