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  1. First hello to all and thanks in advance for any and all help given. Sorry it is a long post but it is a complicated problem. (At least I think it is) Outline: I have been disabled for a number of years now, 12 months ago (Jan 2012) I had an accident at work that left me in a condition where I could not work, now a year later on advice from my doctor I am in a position to return to work on a phased return. The company sent me to an independent doctor for evaluation and she agreed with my own doctor of phased return as did the company HR dept and the various other support services I am involved with. However my employer says "Yes you can return on a phased return, but for the first 6 weeks you will have to do 40Hrs per week training (this is full time hours) and that I will have to stay seated for periods of two hours or more, their doctors report clearly states that at most I would be able to stay seated for 20 minutes at any given time. Background: The accident happened in work during normal working hours whilst carrying out my normal duties but my employer denies liability of any kind. During my sickness I was TUPE'd over to a new company 2 days before I was due to return to work (June 04 2012). The 'new' employer had not been notified by the 'old' employer of my imminent return to work. The 'new' employer refused to allow me to return to work at that time on the grounds I would need a 'DSE' assessment and they would need to install any specialist equipment. After this process they kept stating their concern over cost of said equipment and concern that I would not return to work, discussions went on for 2-3 months in October they stipulated the 40 hours a week. I have been claiming SSP and obtaining Sick notes from the doctor to cover the period from their first refusal to allow me to return. Questions: 1. Am I being discriminated against (I.E. If an able bodied person needed a new chair they would have it in minutes) 2. Is the demand I do 40 hours a week training for the first 6 weeks a reasonable request? 3. As the employer refused me access to work should they pay my wages or should I be claiming SSP? 4. Can they insist that I stay seated for prolonged periods that all medical people involved state would be detrimental to my health? CrustyRusty
  2. Hi, I am (unfortunately) having to go to through an employment tribunal process against my present employer. I had an initial case management discussion meeting (CMD) a few months ago. At that meeting my employer's legal representative stated that my employer intended to call several witnesses. The names of these witnesses were not listed in the CMD agenda - even though I had openly listed the names and number of my potential witnesses - and I had expected the employer's side to do the same thing for the CMD meeting. My employer's legal representative stated at the CMD that they (the employer's legal rep) didn't know the names of witnesses, just the number to be called. I have since emailed my employer's internal Legal section several times requesting a list of witnesses names. My employer's Legal section has not even acknowledged receipt of my email requests let alone supply me with the list of names. This refusal to name their witnesses has the potential to weaken my case. Indeed one or two employees which I have sounded out as potential witnesses on my side have instead bailed out (which is unfortunately somewhat understandable in these days of job cuts) explaining that they were doing so because they might actually be called as witnesses on behalf of my employer (which is a lot less easier to forgive I must say!). I'm not interested in recriminations against any of my co-workers who may actually stand as a witness for the employer (I really don't have the enery left for it apart from anything else). However I do feel that I should be entitled to know who may have been 'bagged' for the other side! Does anyone know if I do have a right to know who these employer-side witnesses are and if so, can I make my employer disclose this list of witnesses asap? Any advice would be most welcome.
  3. I have to fill in an income and expenditure form. Are there guidelines as to what are acceptable costs anywhere? For instance, I dont want to put down £100 per week for food to be told £80 is the allowable limit!
  4. I purchased a treadmill which appear to have blown the motor. (it is still under warranty for another 2 weeks,) I contacted the shop where I bought it and they have agreed to repair it. However this has been 4 weeks and when I call they say they are still waiting for the parts. What is a reasonable time to have to wait for a repair? Can you help please? I don't like to keep hasseling them as they appear to be trying to help me, but I dont want to have to keep waiting either. The treadmill had a 2 year warranty which expires in Sept 2012
  5. I'm trying to get a sense of what deductions are reasonable against a tenants deposit. I have an unfurnished flat that I let out and the tenancy just ended. The tenants created a 2cm diameter burn hole in the carpet, luckily it is covered by where the sofa typically sits. The tenants also did a poor job cleaning the flat both during their tenancy and as they moved out. Rent was in the order of £1000 in Reading and the property is billed as "executive flats". A deposit of 1.5 months is held in a TDS via the letting agency. Most of the walls were freshly painted, I had cleaned the carpets with a rental carpet cleaner and wiped down woodwork and doors before the tenants moved in. A fairly comprehensive inventory was part of the lease contract. Last week I cleaned the flat myself after the tenants moved out, spending about 15 hours doing so. I hired a rental carpet cleaner again and touched up the paint on the walls were it had been heavily marked and where blue tack had been used. If all light-bulbs were in service before the let, is it reasonable to expect tenants to replaced dead bulbs? I'm trying to figure out how to put a cost on what it has taken me to restore the flat to the condition the flat was in before the tenants moved in. I know wear and tear is to be expected but if it can be cleaned in a few hours then I don't see it as wear and tear. Is it reasonable to value my time at £10/hour and to assess a carpet burn at £75-£100? This is my first time as a landlord. I know most of these forums seem to be targeted more at getting the best for the tenant rather than the landlord but I'm hoping I can get some understanding of what is considered usual and reasonable. Thanks, Ryan
  6. I have recently had to arrange my Dads funeral and was asked for a £2,000 deposit. The total funeral costs for a very simple affair, came to £4,534.00. I was told,if deposit wasn't paid by the day of the funeral they would not be able to go ahead with proceedings. Considering I had only just registered his death that very day,I explained that insurance policies had not been sorted yet and I hadn't the money. They still inssisted I had to pay. Luckily my friend stepped in and paid it for me. As you can imagine, this was a very traumatic day for me. Please could someone tell me if this deposit was higher than normal and were they within their rights to ask this of me? Thankyou debgirl
  7. Hi a few weeks ago i purchesed a used land rover discovery 2000 model the very same day i noticed something dripping underneath had a mechanic take a look who discovered it was a diesel leak. So i informed the trader and he told me to get a qoute. which i did he said it was to dear and he would get his mechanic to do great i thought he beig really helpfull, next day he text me for chassis no so could get part (apparently its a common fault so mechanic new what was needed). Anyway 2 weeks on hes telling me the part is still on order. Now my question is how long do i give him my local landrover people can get the part and do the repair within a few days . regards casper
  8. If one sends a letter to a DCA querying that a debt is enforceable - no more, no less and asking for the letter to be passed on to the relevant department and the DCA takes exactly 362 days to reply (by second class post) also misquoting legal precedent with obvious intent to confuse/mislead... ...what woud be a reasonable length of time to wait before replying back to them with an appropriate response? My assumption is 362 days by second class post. Or would this be frowned upon by a court?
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