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  1. My elderly mother moved into a care home around 7 months ago. Before she moved into the care home she was receiving high rate mobility DLA, because the care home was local authority funded her DLA entitlement was stopped. I received a letter from the DWP today and one of the paragraphs stated that there is a possibility of having her DLA re-instated, I have attached a scan of this paragraph. Has there been a recent change for this DLA entitlement for persons in residential homes?
  2. Hi all, Hoping someone can help me here.. .unsure if I can claim against unfair or constructive dismissal due to the timeframe etc and am seeking advice on what to do and where to go so here goes.... I dismissed from an employed back in August for what they have described as gross misconduct. We worked in a sales environment and from their side they believe myself triggered a commission payment to a junior member of staff deliberately. I did not accept this claim and they dismissed myself but was however offered a lower ranking position where the salary was 5K less and due to the commission I had from my role would total 15K less per year if accepted. There was other incidents in the office where people had done the same and never been penalised and feel this was mainly due to the fact I had 3 weeks off. Senior members of staff including my line manager often let us change "files" into other members of staffs names to ensure they hit target so to me this was quite the norm. We worked in a heavily commissioned sales environment and quite often were tasked with doing junior members of staff roles, telesales etc and this impacted heavily on our commission also. In the May/June I was signed off sick by my doctor for stress and anxiety due to work and a marital split and was continually told by my friends who I worked with/colleagues that if I did not return to work after being signed off I would be demoted on my return. I decided to return after sick leave and was then confronted with the fact my targets were now increased (along with 2 other members of staff) over and above everybody else in the office and having 3 weeks off I was never going to hit these targets and miss out on significant commission payments. I was offered a lower salaried position but declined for financial reasons and the fact I had time off sick and was now even more worried about my job and home etc and felt due to this claim being brought against me I had no choice but to decline their offer of employment and to leave. I worked for the company for 3 years but had 2 breaks from the employer, once in year 1 after 6 months and after 20 months for various reasons including the company threatening to withold commission payments. Any more Q's please feel free to ask - I know I may have missed the deadline to claim but this is now impacting me on future job applications Any help would be greatly appreciated. Thanks
  3. Around 2 years ago, I made a PPI claim against Barclays for my son. The claim was rejected. I can't remember if the appeal period had timed out or whether I appealed but the claim was never paid anyway. In any case the claim is well timed out being at least 18 months from the start of claim and the rejection of it. My son was contacted by a PPI claims handling company earlier this year and he gave them the go-ahead to go to Barclays for taking on any mis-selling on loans and credit cards he may have had. My understanding of this sort of exercise is that they make a generic request for details of all past loans and credit card details for assessing whether PPI is on them. It so happened that during the course of the ongoing (we presume) proceedings by the PPI company, that my son received an amount directly into his bank by Barclays. A couple of days later he received a letter from them explaining the amount. The gist of it says that although the original claim had been refused, as a result of a review of his case they have found that indeed he had been mis-sold PPI and gave calculations for the amount he received. This is the rub. It was myself who made the original claim. The appeal was either timed out, (most probably) or appealed and refused again. In any event the appeal period was long past. Am I right in thinking that the PPI claims company have played no part in resurrecting this claim? I have had reviews of past claims carried out on ones I did for myself which have resulted in either a claim being agreed, or where it had already been agreed and paid, it had resulted in a further amount being paid. At no time had I requested a review of any of these cases. I think that such a review is a procedural one which cannot be as a result of any claims handling company's intervention. In that case there ought to be no payment made to them as they have not had any effect on what was entirely a procedural review of the case. In a nutshell. Would Barclays have carried out a review of the refused claim without any input from the PPI company? Would they have carried it out as a direct result of the new enquiry from the PPI company even after the appeal period had timed out? Would Barclays have carried out the review after it had timed out due to the new enquiry from the PPI company? Is the PPI company entitled to their fee if they didn't have any direct persuasion on Barclays to carry out the review? Since it was myself who initiated the claim 2 years ago, does the PPI company have any merit in claiming they have carried out the necessary work? The PPI company is now after their slice of the cake so I need to know asap or my son will just pay up anyway.
  4. http://www.bbc.co.uk/news/business-29896617 Be aware appeals are pending, this is not yet finalised
  5. After a couple of years struggling in a job I hated I finally got a new job that I really like but there is always a down side and that is the lack of holidays. Yes there is 28 days leave getting it is a different story. Its a small family company, 7 employees, the others aren't to interested in holidays and take the money instead, I think so far this year they have had 3 days off. The company sets holidays at the start of the year but then cancels them at the last min saying they are to busy, for example next we are supposed to be off 2 weeks next week for summer hols, that was cut to 1 week and just today cut to 2 days, to busy was the answer, the same happened at Christmas apparently even though I wasn't there. As I say the others aren't worried, I'm very much in the work to live camp not the other but speak up and I'll be up the road. The others tell me its been a few years since they've even had a full week off
  6. Hi All, Basically its like this. I work at a military establishment with a woman who is starting to drive me nuts, basically. She has obsessive compulsive disorder - don't get me wrong, I fully respect she has the condition but she's making my working life that much more unbearable. She's even confiding in a work colleague that she went to see a psychologist because she said that I stress her out at work and to hear that second hand from a work colleague was not too pleasant to be honest. I have had a problem with pen chewing and putting things in my mouth, chewing my nails etc. as far back as I can remember and there seems to be no signs of it letting up - despite my best efforts, I find myself relapsing and every now and again, which has become a bit more occasional of late, find a pen or something else in my mouth, be it my fingers for biting my nails or whatever. However whenever I have been at a workstation using the keyboard or been somewhere else and this is usually some while after I have bitten my nails, for example, then she is there cleaning the desk area and I am made to feel like a dirty person - don't get me wrong - I fully respect her condition but I'm being made to feel that I can't even put my hands near my mouth or pick up a pen in fear she's going to put in a complaint and I think that I am going to be on the receiving end of something unpleasant and the fact that she has a mental illness will work against me. Furthermore, she is rather cold toward me in the office and I feel the tensity in the office is going to reach a peak before long. We have been open and honest about our feelings in the office as well. I can't help what I do at the end of the day and as I explained, since I've been a nipper, its been a recurring problem for me. Can someone offer me some advice as to what the best solution is as I will not take kindly to an official complaint from my supervisor as I feel I've done little wrong and am trying hard to work on a problem I've had difficulty in resolving in the past. Regards
  7. Hello everyone reading It's been a long time since I posted on here but here's my query About a year ago a ' Finder' got in touch with us and informed me and my husband that we had some shares in a company that my husband was once employed by. We were aware of these shares but to be frank thought they weren't worth much . Our finder gave us the information via e mail how on how to claim for our shares. My husband did agree via email to pay the finder 15% . We claimed the shares and intended to pay the finder his 15% but our circumstances have changed and now we cannot pay him. We have received a claim from the court now . We did not sign any contract but did agree in an email to pay him . Is this legally binding and how do I respond to the court claim? Many many thanks for any help, most appreciated
  8. As this affects my direct family i'll ask for advise as you can't keep a clear head when it is personal in my experience. I have not checked the full details yet but here is the issue Mrs A works for a business via an employment agency, she has done so for over a year with sporadic gaps usually of a day here and there between work being allocated, it's the same work day in and out and she is paid the same as the employed staff from day one. The agency wrote to Mrs A a couple of weeks ago stating they must take all leave within the next couple of months or lose it, the actual employer has told the agency staff who are numerous that none of them can have any leave over this period. For me not only is this tacit collusion here as both agency and employer are aware of the leave ban but also a clear breach of the WTR. That said, Mrs A tells the agency and employer you grant my leave or i take legal action (nicely), both the employer and the agency dispense of Mrs A soon after. hence the conundrum Is there really anyway to resolve this without risking no work due to the person having very few actual rights, and those are the ones being ignored. Opinions?
  9. Hi, I handed my resignation in on Monday and am required to work 4 weeks notice, My manager has given me a project in which I know I will be unable to see through till the end, Commission is paid upon the final balance paid by the customer, when I doubt I will be working there but all the work will have been completed by myself. I advised today that due to this I thought someone else may be better suited to the task, to which the response was 'we haven't even won the job yet, we will worry about that later' Where do I stand on this? as I feel I am being taken advantage of due to the fact that the commission will be paid after I have left so I probably wont receive it. There is nothin in my contract to outline procedure on commission, Please help me clear this up, many thanks
  10. Hi wonder if someone could help me. I called the DVLA with regards to my driving license. Spoke with a woman,who was helpful and gave me information on how I could resolve my issue. On February 2005, I passed my practical driving test. Upon passing my test, I sent away for my full entitlement license and never gave it a second thought. Not long after this my family and I moved away from the UK. We rented out our home for the first few years and got any mail forwarded to us. I never received any correspondence from the DVLA stating that they hadn’t received my paperwork. Having returned not long ago, I was pulled over by the police – routine check I presume. Insurance etc. checked out fine but when it came to my license, they said I was flagging up as a provisional holder. Obviously thinking it must be a misunderstanding, I explained my situation to police. They were very helpful and asked me to show with my photocopy of my pass certificate, which they were happy with, and told me to contact The DVLA. I called them and they said they have no record of me passing my test. I was told to fill in a D1 form and send another passport photo, but i didn't need it signed. Also sent them photocopies that I had taken of my theory pass certificate, practical pass certificate and also a copy of my driving test report. I sent all the above information in a cover letter also. I am on my nerves. Couldn't cope with a re-sit. What do you reckon my chances are?
  11. Hi, My question is complicated but someone will be able to decipher it. I work part-time 9am until 2pm every day, my colleague works part-time 1pm until 5pm. I wish to clarify regarding holiday entitlement. I know exactly what I am entitled to but my question is we have half-days in work where the office is only open from 9am until 1pm which means that I require to come in but my colleague doesn't. Is there something out there that would mean I would be entitled to four of my hours back or is there nothing I can do. I find this extremely unfair as we both work in the same office, do the same job and do just about the same amount of hours. Can someone please help? Thanks
  12. I am have been on a variable fixed term contract since 2010. Some times it is 6 months other times it is 12 months. I would like to know if after 5 years my holiday is increased by 3 days being the same as permanent employees. Thank you
  13. Hello to all I am currently recovering from having my appendix removed and I'm looking to start back work asap! I am due to start back to work on Saturday which will be 7 days off in total. I would like some clarification about my right to use their statutory holiday entitlement during my sickness period. My employers have stated, "On the issue of your sick pay we are unfortunately unable to allocate holiday to the time you have been absent as we have a legal obligation to use SSP. It is also our company policy not to authorise the use of holiday for absence due to sickness in most circumstances." However, http://www.Gov.uk advices the following ot it's website, "Employees only need a fit note from a doctor after 7 days off work sick and have the right to use their statutory holiday entitlement during their sickness." Can anybody enlighten me as to my rights as an employee? Thanks in advance
  14. Hi, I will shortly be leaving a job that I have resigned from. I was just reading through the contract and noticed the following clause: "On termination of your employment you shall be entitled to be paid in lieu of accrued but untaken holiday save that, where such termination is pursuant to clause 10.1 or follows your resignation in breach of clause 10.3, such accrued but untaken holiday shall be based on your minimum holiday entitlement under the Working Time Regulations 1998 only and not on your entitlement under clauses 11.2 – 11.9. For these purposes any paid holiday that you have taken (including any paid holiday on public holidays) shall be deemed first to be statutory paid holiday. The amount of the payment in lieu shall be calculated on the basis that each day of paid holiday is equal to 1/260 of your salary." [note:clause 10.1 and 10.2 relate to being sacked or insufficient notice. clause 11.2 to 11.9 relate to the contractual number of holiday days] I would like to know firstly if this clause is legal as it reads to me that I will be getting a payment that is less than my accrued holiday entitlement minus days taken? Secondly if this is legal what can I expect to get in terms of number of holiday days payment? My contractual holiday entitlement is 25 days + statutory bank holidays. I have taken 15 days holiday from my entitlement + 6 days bank holidays up to now. The holiday year runs from Jan 1st. Thanks in advance
  15. Hi I am new to this forum but I need to ask a question and hope one of you can help! I am in receipt of Income Support as I care for my daughter who does not live in my property. I used to receive Severe Disablement Premium until I allowed my friend to come and live with me! My question is that I do not have a partner therefore why has my entitlement to severed disability premium stopped, I understand them stopping it if I have a partner but as to sharing my home with a friend should not mean that I should lose this premium. My friend does not receive carers allowance for looking after me! Is there any way I can claim my entitlement back? Thank you
  16. Hello I work as an IT Contractor, my umbrella company (Edit) say they pay me a slightly higher rate instead of holiday pay and when i asked if there was the option to pay a lower rate and take paid leave i was told they don't do this which only leaves me the option of finding another umbrella co. My agency (Edit) aren't responsibe for it?
  17. Hi, my hb and ctb were stopped in 2011 after 2 years as the council decided the tenancy wasn't on a commerical basis, I appealed this decision and unfortunately lost. This whole process too 13 months and I wasn't able to have any benefit during this period. I have looked at underlying benefit and am trying to establish if at the time of my 2 year claim there was an underlying entitlement and also during the 13 months of no benefits there was also an underlying entitlement due to low income. Would be grateful for some advice please
  18. My husband works for a small business and work sometimes fluctuates so he never has any guaranteed hours per week. He will have worked there for two years this October and has only recently been given a contract (long story, but it would appear that this particular company has a fairly ambivalent attitude towards the law and how to treat employees!). Anyway, this contract states that holiday pay will be calculated using the average hours worked over the previous 12 weeks. I understand that they are perfectly entitled to do this. However, he has recently been off work for three weeks with a bad back. Due to the nature of the work - heavy manual labour - there was no way he could have even attempted to do any work. We have a family holiday coming up in a few weeks and I was wondering how this sickness would affect the average hours calculation. Is sickness counted as a work week but with zero hours? I have checked out the ACAS website and have come across some advice which appears to say that if no work was done in a week than the next previous week where work was done should be used to calculate the average hours. I don't know if I am understanding this correctly or not. I am a Union rep so I have a reasonable understanding of issues in the workplace but I work for a huge multi-national company and this kind of stuff does not crop up. I don't really trust my husband's employers to give the correct advice as I don't think they have much of a clue. The Working Time Directive is blatantly ignored and health and safety issues are not taken seriously at all. I would appreciate a heads up. Thanks in advance.
  19. i downloaded the file to see what the benifit rates are,and not sure if im getting the correct rate.im 55 yrs old,and my girlfriend,partner is 42. we get 112.55p per week.on top of that i get 44.20 as im sick.and get lower rate incapcity benifit.how come as a couple we get less than a single person.who gets a flat rate of 71.00.excuse my ingnorance.but i have always worked.and dont know the ins and outs of the benifit system. am i correct in saying,we are being penalised for being a couple by almost 38 pounds a week.thanks in advance.
  20. Good Afternoon People, I will save the pre-ramble but basically my wife was accused last year claiming single allowance on wtc/ctc whilst i was "living" with her... We were forced to enter a new couples claim, which actually pays more than her single!!, even though this is not the case... They asked her to repay about 12k... We wrote to then asking for NE to be applied and gave then several examples of how their conclusions were flawed (for another thread maybe) and have sent them nothing else... Initially we got a statement but this has stopped... Five months and a day after sending the letter my wife has had a phone call saying the matter is being passed to the NE team... My question is: Can the NE team refuse to apply NE or is there job solely to calculate the figures and inform my wife?... Judging by the time the compliance officer took to reply, they are a very busy department who appear to have bitten off more than they bargained for when they partnered up with Experian.. Thankyou VI
  21. Hello All, I finally managed to secure myself my next job, however I am not too clear about somethings before i hand in my resignation letter. Our holiday period runs from Beginning Feb 2013 to end Jan 2014, and I am entitled to 20 day per annum which means every month i work i should get 1.67days. When I work my notice do i still build up holiday entitlements? i.e more days as i want to take those days at the end of my notice period so I can start my new job earlier.
  22. Hello, I am writing here for some advice on behalf of my sister who is struggling financially. She is employed through her ex partner's company and receives £2000 per month. She is separated from her ex and is the primary carer for their 7 year old daughter. The mortgage is £1300 per month and so once bills and council tax are also taken off, she has approx £200 month left for food. She is getting into big debt. When they first separated, she applied for Child tax credits stating that she was earning £24000 per annum (she timesed £2000 x 12 months). However, she was concerned that she wasn't filling out the form correctly as she didn't know if this was in the form of dividends, whether it was a gross or net wage, and so she asked her ex's accountants to fill out the form for her. They put down that her gross annual salary was combined of a personal allowance of £7000 and dividends worth £31000 which meant that she had to repay the previous years allowance and is scared of contacting them again, even though she is on the breadline. Ultimately, is she entitled to Child Tax credits? Many thanks for any advice.
  23. Hi guys was just looking for some clarification on the 8% interest payments. I have just received an offer from Barclaycard for a PPI claim of just under £2100. The amount comes from a credit card (initially with Goldfish). When I received the offer the break down of the payments indicated that I am not due any interest at 8%. When I rang to query this I was told that because the PPI was still active as it hadn't been cancelled and as such I was not due any interest at 8% as this interest only begins to accrue from the point at which the policy is cancelled. Just wanted to know if this is correct and standard procedure?
  24. Hello everyone good evening im looking to get some help please with regards to holiday entitlement at work. Well i started my new job on the 10th December 2012 i work 8am to 5.30pm Monday to Friday and every Saturday 8am to 1pm the company holidays run from January to December and nearly all the employees have booked there holidays for the coming year, so today i asked for a holiday form to book my holidays before they all go and i was told that im not allowed to book any holidays as ive not worked enough days to have the time off through the year. I went on to say that surely that's the same for everyone in the company as the new holiday entitlement started on the 1st of january he said its tough and if i wanted the time off id have to go unpaid ??? So can someone please confirm where i stand as im so confused I am a full time employee and not self employed Thanks in advance
  25. Hi all, I hope this is in the correct place if not i apologise in advance. ive just started work at a job as a web designer and have (after 3 days ) had what was supposed to be an induction, however it was very vaguely laid out but there where a couple of points i though i should seek advice on. the first and most important i feel is my employment contract or lack there of, i have been told that i will only receive an employment contract after completing my 3 month probationary period. At the time i didnt ask any questions but on thinking about this surly by not receiving a contract there is no paper evidence of the fact i am working and what im required to do. although this may be legit i was hoping someone may no whether or not this would effect any of my employment rights? the second issue i have is the holiday days allocated to me. ive been told that becuase im classed as part time i will only receive 12 days annual leave. the reason i feel this is unfair is that although yes i only work 25 hours a week i do so over 5 days mon-fri (5hrs a day) and given that the holiday rate is the same as normal pay surly i should receive the same 20 days that everyone else receives? by my workings out even though i work less hours than a full time person i work the same number of days over the year and given that holiday pay is the same rate as regular surly i should receive the same amount of days but only with 5 hours worth of salary for each day? Any info would be greatly appreciated and i hope you understand my question about the holiday entitlement because at this rate with my mandatory week off at christmas (which im not happy about) im only left with 1 full week i can take of in the summer to spend time with my son and to be honest if this is the case then this company is getting one hell of a deal for what there paying! Thanks for reading
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