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Found 284 results

  1. (Hearing this Monday)I have just discovered a document that I consider to be admiissible evidence.This was not in the Bundle supplied by the respondent.If possible I want to put it forward.Is their a process to follow,to enable the document to be viewed and used as evidence?
  2. Can somebody advise on the rules regarding use of a computer for reference purposes during a Tribunal Hearing Thanx in advance
  3. Hi all, First off, let me introduce myself. I'm Lou. I'll give you a little bit of backstory first: I've been working for years with chronic pain issues, depression, anxiety, migraine associated vertigo and digestive issues. I worked for as long as I could but I just couldn't manage any more so I got my doc to sign me off. I got ESA easily initially. when it came to my assessment, it all went wrong. The nurse that assessed me actually used me being well-groomed against me as she did my hobby of having a beauty blog. The whole thing seemed to rest on how long I can sit or stand for without pain which is now around 10 minutes before I have to start fidgeting because I'm in so much discomfort. I need a stick quite often, a friend has to help me with my shopping or when my cat needs to go to the vet and I am having grab bars put in to my bathroom as I'm having issues lifting my legs over the side of the bath to have a shower as well as struggling to get onto and off of the loo. I have issues getting dressed and undressed, even putting deodorant on is a trial! All of that was ignored!! As for my depression, I spend most of my time wishing I was dead and the rest flying into rages over tiny things that I've gotten obsessed over. Apparently, this wouldn't put me in danger at work, or anyone that I was around. It all amounts to my Mandatory Reconsideration being turned down flat once again, me being well groomed being rubbed in my face which I'm disgusted with. I fully intend to fight it as I know I'm in no fit state to be around people mentally and I'm also not physically fit to manage work either. My doctor is backing me all the way as I kind of figured what the outcome would be. She's going to write me a letter. I've explained to her how day by day, my chronic pain issues are worsening as is my depression and anxiety and this whole thing isn't helping at all. The whole thing is terrifying to me and I nearly burst into tears when I got the letter this morning. The DWP keep referring back to when I filled the form in back in August but I'm so much worse now. I told the assessor this but she seemed cold and disinterested. I'm at my wits end. I pretty much deal with all of this alone. All I have is my cat, Luna, and quite frankly, she's all that's stopping me doing something stupid.
  4. Hi all My name is James and I am new here, I have been using Google search and so many posts have been linked here so I thought I could ask for advice before heading to my local cab on Saturday. I was originally on Incapacity benefit until July 2015 and also still on dla until I get called in for a pip assessment, which I’m not looking forward too. I suffer with epilepsy, it started when I was doing my gcse’s which was very bad timing. I had an mri scan and was informed I had a brain tumour on my temporal lobe area, which Is located on my short term memory part of the brain. I am on two types of medication for the epilepsy. The main problem I am left with is my memory the fits are not bad now and I don’t go unconscious but I do get that feeling it’s going to happen. I was told years ago at the epilepsy clinic by an epilepsy psychologist I will find it almost impossible to hold down a job because of my poor memory and effects it has on my moods. This was a while ago mind and my memory has gone worse. I also suffer with depression, panic attacks, anxiety, constant headaches, psoriasis (daily treatment at hospital) waiting for results on psoriatic arthritis as my joints have been really hurting me but it could also be through high stress levels so I will have to wait until march for the results, I am mostly blind in my right eye from birth On the medical notes it is down as musculoskeletal problem, Neurological Problem, Mental health problem, psoriasis. Visual problem, asthma Well I was last assessed back in 2010 and failed the atos medical with o points so it ended up in the tribunal and I won and they apologised for going this far, I didn’t have no joint issues, psoriasis bad mental health problems compared to what I have now. Well I had a letter in June 2015 about a new medical assessment meeting on 23rd July 2015. Well of course I got 0 points and ask for review but again they never changed their mind. I applied for the tribunal and had doctors sick notes every month which one is still valid until February I also noticed on my bank statement it was esa now and not incapacity benefit. I went to the tribunal on the 5th January 2016, they told me they never received any additional information but they will photocopy it and present it so I am not sure they even looked at it, the additional information was sick notes, psoriasis appointments every day, dermatology department appointment with phototherapy, Rheumatology appointment for my arthritis, counselling letter as I am feeling very low at the moment and none of this is helping. Well they never gave me a decision there an then but I got a letter today saying I am fit for work and was given 6 points for getting about, nothing to do with epilepsy effecting me or me having part of my brain being taken away meaning memory is awful (I have had help typing this up), my movement of joints. I have sent of a letter asking for the statement of reasons and record of proceedings, my questions are do they ignore the addition information I supplied that day even though I sent copies of 3 weeks ago and if nothing about my poor memory and epilepsy isn’t mentions can I appeal to the upper tier if they ignored my additional information? I was told I needed to go to the job centre and apply for jsa but I can’t cope with work, I know I can’t plus my sick note is still valid. I also am confused about trying to apply for esa again is it from the date of the atos examination in July or the tribunal date (2 days ago) as I know its 6 months from one of those dates? Also if I get my hospital records and see that a professor from the epilepsy clinic said I will find it too hard to hold a job with my condition would that help? Many thanks all
  5. HI, I got dismissed recently and I was wondering if I have to go through the company's appeal procedure or can I go straight to industrial tribunal? The basis of my appeal/tribunal is that I have been treated completely differently to other employees in the same situation and that management have been highly inconsistent. I complained about a manager and since then management have done their hardest to get me sacked. Another employee with exactly the same complaint against them and a proven history of defrauding the company (something I haven't done) hasn't even had any warnings. I don't really want to appeal as I wouldn't work for this company again if they paid me double. If I won an appeal could I then walk on grounds of constructive dismissal and go to tribunal?
  6. received a letter on thursday saying they had gotten my appeal and to wait for an appointment at tribunal. now ive been told different things about claiming ESA while waiting on the tribunal. ive been currently made to sign on,i sign the first day and within 2 days i was sent to some silly course. im not exactly fit for work but had to agree to that or i'd have no money apart from cb and ctc. i just dont think its plausable that i keep claiming this as my 1 of my conditions get worse with the cold weather which makes it hard for me to use my hands and my legs go as well. so long story short can i claim esa assesment rate while waiting for this and if so who do i contact about it. thanks
  7. I'm new here & sorry if I'm posting this in the wrong section. I lost an employment tribunal case and I was ordered to pay £35,000 for an organisation and a union, I'm an individual (employee) and I do not have legal representation. In addition, I do not have the ability to pay as I have been out of job for 1.5 years and I have no assets I wonder what should I do? I know that I can declare myself bankrupt but I want to avoid it if it is possible as it will have significant impact on my career. I have no previous experience or knowledge of what can I do and I would really appreciate your help.
  8. Dear All, I was on ESA after running out of SSP with the company I still work for. The reason I was on ESA/SSP is that I had two workplace accidents that damaged my knees which meant I could not stand or sit for any length of time and also, as it got worse, the painkillers I was on made concentration difficult. Anyway, long story short, I was put on ESA once I had run out of SSP (my company paid me for a few months as an act of 'Goodwill' but their goodwill ran out). I put in a claim in October 2014 which was successful and as part of the telephone claim process they obviously asked me why I was off work, so I told them. The benefits people said as it was a workplace/industrial accident they would also refer me to ATOS as they could help with lodging an Industrial Accident sickness claim. Yeah, right. Fast forward to March 2015 and I got an appointment to see ATOS. One and a bit hours later I emerged from the assessment and a week or so later I was informed that I was fit to work and my claim was being stopped. I scored zero points throughout and to read the report you would think I was an Olympic athlete. With the help of the local CAB I appealed and my ESA was reinstated. I had a knee replacement at the end of May this year (which I told the assessor I was waiting to hear about) and in September I went back to work. At no point was I ever unemployed, I just wasn't being paid by my employer, hence my ESA claim. I now have a tribunal date regarding my suspended ESA claim, its 7th January 2016. From the paperwork I keep getting from the Tribunals Service, it looks like they have already found against me. I'm hoping the case details will speak for themselves, but given past experience I am not hopeful. If I am found against, can anyone tell me what the likely consequences are for me? Will I have to pay them back what I claimed? I received £114 a week for a joint ESA claim (my wife is poorly and cannot work) and we also got £100 a month help with the mortgage. To read all the paperwork you would think I was living high on the hog on £114, not getting into debt and in constant danger of losing the house. Luckily there were a couple of family members we could turn to for help when things got really desperate but they aren't Rockefellers either and of course they will need paying back. I have had very little to do with the benefits system over the years, its like playing a game the rules of which are constantly changing and which only the other side knows. I'm not trying to pull the wool over anyone's eyes, we aren't dishonest (indeed when the first lot of benefit payments arrived I knew they had overpaid us so told them straight away and paid it back so we wouldn't get into trouble further down the line). I have returned to the CAB who initially helped with the appeal but they are not getting back to me for some reason (I know they are constantly short staffed), hence my question here. Apologies if I have been a bit long winded. Thank you.
  9. Hi All As have many on here, I've been doing battle with the DWP over moving over to PIP. I was re-assessed for PIP and had my medical with ATOS on 15 September. My standard rate care was upheld but they only awarded me 10 points for mobility. I had been on HR DLA since 1994. I have RA and Osteoporosis and have had since 1973 when I was 9 years old. I've had 6 hip replacements, a major fracture to my femur last year from which I'm still recovering and which happened whilst merely standing in my living room (doctors not sure how it happened but think it was a stress fracture which suddenly got worse causing the prosthesis to fail) and I'm now recovering from 2 unexplained pelvic fractures. I've got nerve damage to my leg (from another hip replacement that went wrong) which means I'm prone to trips and falls which have resulted in broken bones. The ATOS rep asked me how far I thought I could walk before I needed to stop. I said I was in constant pain so in reality couldn't even stand without being in severe pain and in any case I wouldn't be safe as I'd broken bones just by standing still. She kept saying "yes, but if you had to walk, how long do you think you could do it for? I said I didn't know as I'd never timed it but she kept pressing me for an answer. In the end I said "I don't know. A minute or so I suppose but I couldn't do it comfortably or safely". She wrote in the report that I could walk 1-2 minutes 3 or 4 times with short stops in between, then added an equation and concluded I could walk 40-80 metres. However, she then said that she thought I could only walk 40-50 metres which says to me that even she thought her equation was being over ambitious! The upshot of all this was that I was awarded the 10 points and not the crucial 12 points I needed to keep my car. The MR was upheld which I wasn't surprised about as they persuaded me to request it over the phone under their "pilot scheme" (if you're asked if you'd like to do this when you ring up in a state after receiving your decision - say NO. You do it in the heat of the moment and don't end up submitting any further evidence to back up your claim). I've now submitted my tribunal papers with the help of the adviser at the CAB. My adviser is pretty sure we can get it overturned. Along with x-rays and medical notes, I'm going to cite this which is from the DWP's consultation papers on whether the 20 metre rule should be upheld. Example 3 – Juliet 4.24 Juliet is able to stand and move with a walking stick but suffers from hip pain when she walks. She can walk about 100 metres, but her level of discomfort increases as she walks and her pace slows down until she has to stop and rest. 4.25 Juliet also finds that walking even very short distances takes a lot out of her. If she walks more than about 10 metres, for the next few hours she is unable to walk more than a few steps without experiencing severe hip pain. 4.26 Although Juliet can walk more than 50 metres, she cannot do so as often as would be reasonably expected because of the pain it causes when she walks again. As such she is not considered able to walk reliably. The furthest she can walk in a way that is repeatable is a few steps using her stick. Therefore descriptor E best describes how she is able to move around. 4.27 Juliet therefore receives entitlement to the enhanced rate of the PIP Mobility component. Does anyone know how long it will be before I hear whether they've granted me the appeal hearing? I've requested medical records from my NHS trust including X-Rays and scans showing the state of my pelvis and hips and I've been evidence gathering but will I have months to do this or is it quicker. I only had to wait 4 weeks for my ATOS medical and 10 days for the decision which seems to go against the timescales reported by others. My car went back today. To say I'm devastated is an understatement. That was the only thing that made me feel normal. I can't walk anywhere but I could get in my car and drive and I felt like everyone else. Now I'm stuck indoors. The £2k they offer you is very welcome but won't buy us another car that is adapted for me to drive as well as pay for the insurance, tax and everything else that goes with it, even with the standard rate PIP I'll get.
  10. Disability discrimination claim. The Respondent is producing the bundle. I have sent them my index of documents with each document very efficiently named and dated for clarity, relevancy and easy navigation. The Respondent completely renamed all of my documents within the index to make themselves sound good and to make my documents difficult to find seem extremely confusing, sound irrelevant and also to contain repetitive document names for less clarity and greater confusion. Some of the names of documents they’ve renamed do not reflect the contents of the documents in any way whatsoever and even I can’t navigate between the documents due to misleading names in the index – it will be even worse for the judge who will not be as familiar with my documents as I am. The Respondent also changed some of the dates, merged separate unrelated documents to reduce impact and deliberately put them in an incorrect order, which does not accurately reflect events. For instance, if I quickly need to find my x-ray taken at A&E I would not be able to do so with the way they altered the bundle as the Respondent merged my x-ray with a different document and this particular x-ray is not even listed on the Index of documents. This is wrong. You would really have to hop around the bundle. Most important documents have been put to the back of the bundle, some have been removed. The Respondent went out of their way to make it impossible to get to my documents while left their own very well named and easy to navigate between. The Respondent even renamed documents to make themselves look good and the Claimant look bad. They even changed words like “Medicines” to “Drugs”. The Respondent totally skewed it. Is the Respondent allowed to rename the documents listed in the Index of Documents I submitted and make such changes for deliberate misrepresentation? Also, is the Respondent allowed to remove documents? The Respondent has missed the deadline for the bundle by several weeks now, added additional documents as to what was on their list of documents and also presented the bundle to me (Claimant) by email (in digital form). Can they do this? – The order says it has to be binded. Any advice would be greatly appreciated. Best regards x
  11. I'm newbie here and I'm sorry if I'm posting this in the wrong place .. I'm an employee and I took a legal action against my employers in front of the employment tribunal. I lost the case and I have to pay their cost which is £60,000. I have been unemployed for several years so far and I don't have any asset to pay at all. I know that one of the options is to declare myself bankrupt but I want to avoid it if possible as it might have a significant effect on my future employment I know that if you can not pay in the Civil Court .. you have to fill N245 form which is an application for suspension of a warrant and/or variation of an order .. and then the judge will decide how much you can afford to pay and vary the order to fit your circumstances so you can pay in instalment Is there anything similar to that in the employment tribunal?
  12. Hi All, It's been a while! I have a question for those who have been through this process. Long story short, I'm involved in a case that's going to the above tribunal. Both sides have asked for it to be held locally, but the Tribunal have said that it will be held in London. We have asked them to reconsider as someone on our side suffers bad health. We haven't heard from them yet, but that's by the by. My question is, if it does go to London, is it held in a court-type setup, or is it more like a conference room (all sitting round a table)? I appreciate that if it is to be held locally, it depends on what's available. Its happening at the end of the month.. Any thoughts would be greatly appreciated Cheers Luke
  13. I am really hoping someone can advise me here on the procedures for dealing with the following. I am the claimant and the respondent is disputing the majority of correspondence under S111 of Employment Rights Act. However, the Respondent does refer to this correspondence all the way through their particulars of response and is fundamental to my claim. I understand that S111 is not applicable in discrimination cases. My question is how do I go about getting this included in the trial bundle. I presume I make an application to the Judge to rule on this. I want the correspondence included as it clearly shows that the Respondent is lying in their particulars of response and is crucial to my case.
  14. Hello A month ago I posted news about being successful BUT am still waiting for DWP to action!!!! Is there a time-limit for DWP to put this decision through and pay arrears?? (they clear a WCA decision speedily but not a reversal) Even intervention from an advice centre hasn't moved things along. Like DWP don't care and fob off.
  15. hi there , i am helping a friend appeal to tribunal for ESA after a mandatory reconsideration. appealing being put into WRAG group. which form should we use.. it isnt clear from the mandatory reconsideration notice is it the SSCS1 or a GL24 appeal request needs to be in the post this afternoon..so prompt reply would be much appreciated
  16. I had worked at a bar - let's nickname it "Tribe Bar" - as the head doorman for over ten years when in August 2010 a new owner came in - I'll nickname them "City Leisure". There was one director, though his company secretary (who had previously co-directed various companies with him) later came onboard. All the staff were kept on bar me. Because I worked via a management company, City Leisure assumed I wasn't entitled to any rights, so got someone cheaper in. The first Tribunal was to decide who my employer was at the time of my dismissal. City Leisure didn't show up - but only to buy time. They came up with a cockamamie reason that the judge accepted, and so on to Tribunal two. Here, it was decided there had indeed been a TUPE transfer. During the third and supposedly final Tribunal - which because of a few cancellations due to the opposition again buying time, didn't take place until March 2012 - City Leisure were found culpable and, a month later, were ordered to pay a total of almost£17,000. The thing is, they were granted leave to appeal on a technical issue,and so a final Tribunal took place over a year later (more time-buying from the opposition), April 2013. I won outright this time. But here's the problem:they've not paid a penny because they managed to get themselves struck off Companies House. According to my brief, this means I'll have to go down the civil route and "that will cost thousands and won't be worth it". Icontacted Companies House, who told me the law was that City Leisure was supposed to have told me/my brief that they were applying to be struck off before it happened, and also inform them, Companies House, that they were involved in a court case. They did neither. Apparently, they were struck off October 2011 (the first I heard of it was a letter to my brief from City Leisure in April 2012 saying they had sold the bar - at the time my brief said we should just carry on with the case and see what happens). The 'new' owner of the bar was "Tribe Bar Ltd" - its sole director a RELATIVE of one of City Leisure's directors! Since then, I've checked with licensing. They tell me that, although Tribe Bar Ltd is according to Company Check still the owner of Tribe Bar, the licensee has gone from being Tribe Bar Ltd to "Nelson Ltd" (again, my nickname), which is owned by - surprise, surprise - one of the directors of City Leisure. There's further proof that the people from City Leisure continued to, and still do, run/own Tribe Bar, despite their claim to have sold it - not only is one of the directors constantly there running it, but (a) he actually gave an interview online as the company owner past the supposedly sold date, and (b) other companies are registered to City Leisure'sdirectors at Tribe Bar's address. How annoying that Companies House told me words to the effect of, "We just take people at face value when they want to be struck off, we don't investigate" - thanks Companies House. That ridiculous policy lost me £17,000. Here are my questions: 1) When my brief says that it will cost me thousands to take these people to civil court,does he mean mostly in his fees? Can I do this on the cheap myself? 2) Since the directors of City Leisure have clearly broken Companies House rules, if I should prove it to them, does this mean City Leisure will be put back on the register? And if so, doesn't this mean that they will have to pay me my money, as though they were never struck off? 3) Although the actual decision to award me damages came after the strike off and supposed new company ownership, since all the staff stayed on (and hence another TUPE transfer), isn't Tribe Bar Ltd, the 'new' owner, libel for the £17,000 4) What should I do now?
  17. Hi I am in a lower management role but not for much longer. After flying through my probation with no issues at all, certain things have come to a head. I started to struggle with the increasing demand for me to adopt an 'aggressive' approach to my team, as this is how the department (as a whole) works. THis is far from my management style - something they knew well duing my initial interview...Anyway, after a meeting with my manager, HR became involved and another meeting was called. I had already been the 'victim' of certain management lying about what had been said in certain situations so before I spoke to the senior manager in HR (on a one 2 one basis) I set my Iphone to record. My concern was that I might be dismissed (for what I didn't know) but I was hoping to find alternative emplayment in a different department. I went on to ask what I would be dismissed for if finding another position wasn't possible. HR person said loudly and clearly (three times actually) that I would not be dismissed, going on to repeat that I won't be dismissed as they have no reason to dismiss me. Go forward ONE day I have now been told I have a disciplinary hearing next week where it's likely I'm going to be dismissed for., and I quote, ...Some Other Substancial Reason. Where do I stand with this....I have total and absolute proof of them saying they waon't dismiss me because they have no reason to and now some made up reason to do the deed. Of course, at this point, they have no idea of the recorded meeting but I just had a feeling I'd need to do that to protect myself - and so it's been proved. Not sure next course of action
  18. Hello! I am in need of a little advice from you seasoned professionals.. Currently helping someone with an Employment Tribunal claim, and on an order from the judge, it asks her to disclose a "list of documents in her possession relevant to the case". How does this get listed? is it simply a list such as "date, name of document"? Also, what about text messages? are these to be listed in full, such as date, time, message content, or simply just date and time text was received or sent? Apologies if this comes across as confusing in my writing style!
  19. My husband was on IB and had a Atos medical last year - which resulted in them claiming he is fit for work. He has horseshoe kidneys that are upside down, one side has minimal function and the function of the 'good' side is impaired - he has a stent inserted to heal his bladder drain - without it his tube blocks and causes the kidney to swell. He suffers from continuous lower back pain, which increases when he walks about and radiates into his groin area. He is on Tramadol and Paracetemol for the pain. He also suffers from Raynauds and even though he talked nifedipine he still looses circulation in his hands and feet in temperatures that are mildly cool. He suffers with painful joints (they thought at first it was RA - they then think it's Hypermobility syndrome - we are due to see another rheumatologist next week). His ill health (over the last 20+ years), the constant pain and not being able to do all the things he wanted to (including bring able to work!) has also led to him being diagnosed with depression (I originally got him to speak to his gp over a year ago about his depression - gp just waved him off with I'm not giving you tablets! Luckily we saw a different gp this time and she was more understanding. He failed at MR stage (no one phoned to speak to us as they stated they had) and is due to attend a tribunal next month. He cannot walk more than 50 meters without suffering pain and discomfort, including breathlessness die to pain levels. He only goes out to attend gp and hospital appointments - which leave him physically exhausted and mentally drained. He spends most of his time in bed (the bedroom is nearer to the toilet too which dosent involve him climbing up and down the stairs. According to the paperwork we were sent for the tribunal his gp (who wouldn't entertain his depression) had put that he was mobile next to the list of descriptors - instead of putting down the issues. How can we fight this 'evidence'? We have tried getting supporting evidence from the kidney consultant but can't see him till 2 days before tribunal!! I fear for my husband's mental state and worry about suicide - he already feels worthless and has said we would be better off without him!! I can't loose my husband - can anyone offer any advice please xx
  20. Appeal tribunal tomorrow...(ESA). Absolutely bricking it, haven't been able to sleep in days with the stress, feel much more stressed than the actual ATOS exam, keep reading the forum and see people taking representatives with them, what's that all about as I was unaware I know it's too late but what do they mean by representative, as it's only myself and my mother going.
  21. Can anyone advise me hear. My partner has been seeking a tribunal hearing and made a request in August 2014 for a hearing. They sent a letter saying from the evidence they presume in all probability she was receiving payments when she should not have for one reason or another. We have awaited the tribunal hearing date only to be told by he council that no tribunal date has been applied for although they have our letter asking for one. The local authority have sent through a big folder with their evidence an when we told our solicitor he said he id not need to see it until we receive the actual date? which baffles me. My questions are should we look for someone else to represent her and can she be criminally prosecuted on the balance of probability?
  22. A chap I have known for many years is having horrendous problems with Royal Mail as an employee. He has been subjected to a breach of contract and unlawful deduction of wages. The internal grievance procedure has been dragged out by the employer to such an extent that it was about to become timed barred. To instigate a claim through the Employment Tribunal service has to be done within three months less one day. He transferred to northern Ireland a few months ago. Royal Mail solicitors want nothing to do with ACAS. They are saying it is out of their jurisdiction as Ireland has its own version of ACAS. They also have Industrial Tribunals instead of Employment Tribunals My question is: If a company such as Royal Mail is registered as a company in England, 100 Victoria Embankment London, that company provides postal services to Northern Ireland as part of the universal service Obligation, Why is ACAS and our own Employment Tribunal Service not handle this as jurisdiction. From research this only applies to companies Registered in Northern Ireland, not the main land Is this correct or are Royal Mail Solicitors in Northern Ireland just Bluffing as to jurisdiction. They basically told ACAS to "Bog Off" ACAS have now issued the Early Conciliation Certificate so the clock is now ticking
  23. Hi, just looking for some advice please! I was in receipt of JSA and was sanctioned for 3 month after a training provider failed to send me written details about a MWA placement. I have appealed to the DWP and received a Mandatory reconsideration notice just before the sanction ended. They are basically saying that I did receive the letter as it was addressed correctly, there was no postal dispute and I cannot prove that I didn't receive it, so the sanction still stands. How can I prove I didn't receive a letter!? I completed a form and sent it to the tribunal service and the DWP have had a solicitor go over what I've said to discredit everything. I now have received several documents that the DWP have sent to the tribunal but they contain several errors which lead me to believe the MWA letter has been reproduced. If the tribunal doesn't notice these errors would I have the right to appeal? Anyone else not received letters from DWP and been sanctioned as a result? Any help or advice on what to do next or what to expect would be appreciated. Thanks [i'm still actively looking for and applying for jobs, attending interviews and registering with agencies every week.]
  24. Hi, Is there a way to tell if an employment tribunal judgement has been made in default? I took my ex-employer to the ET, and, long story short, got a judgement for unlawful deduction of wages success. I was not requested to attend court, and heard nothing more on the subject for a while until I received the judgement in the post. It just says "JUDGMENT, The claim for unlawful deduction of wages succeeds and the respondent is ordered to pay forthwith, the sum of £xxxx.xx to the claimant. After the fourteen day of "interest free" deadline had, passed. I chased up the respondent for payment, who then claimed to be unaware of it. He subsequently wrote to the judge asking for the judgement to be revoked so he may submit a defence, claiming his registered office had moved address since the beginning of the ET procedure and he did not receive the court papers (response pack etc.) as issued by the court. The judges reply was essentially no, as the correct procedures had been followed in serving the documents. However, the respondent has since informed me that he is applying for the judgement to be set aside. Investigating through the likelihood the judgement will be setaside, it seems that not receiving the documents alone, is not sufficient reason, unless the judgement was made by default due to this. (he had not updated his registered office with the court nor companies house, and only moved address once the et process had begun) A) what is the likelihood of the judgement being set aside? B) How can one tell if the judgement has been made by default? Cheers
  25. Hi I'm after any advice I have posted on here before about MWA I had been told to go to. I was told to go to a charity shop and on the day my neighbour gave me a lift there, I was late and the woman was horrible having a go at my neighbour and I walked out embarrassed and ashamed (so was my neighbour - he was shocked that someone 'volunteering' would get spoken to like that) I ended up getting a 13 week sanction Then in April I was told to do MWA again. I got a letter from learn direct saying they'd be in touch for me to come in and see them. I signed on twice after that and was just asked if I'd heard anything yet to which I told them about the letter. Then the day I supposed to get paid there was nothing in my bank. I rang the jobcentre to be told I should of started MWA and I'd failed to turn up and told them I'd not had anything telling me to start. It didn't matter I got a 13 week sanction. I went to see the welfare person at the council who did a mandatory reconsideration and I applied for hardship I was then told to do MWA again, this time I got 2 letters telling me to start a charity shop on Monday (letters received Saturday) but this was in a different town and I'm only getting £35 a week and bus fare was much more than this so I didn't go. I've now received a 6 month sanction. I have sent a mandatory reconsideration for this saying the guidance wasn't meet - that I should have a timetable saying the hours. (but I know I wont win) But the sanction for the letter not received has not been lifted. I lost the mandatory reconsideration (which took about 2 months) because a letter is deemed to have been received 2 days after posting. The council welfare person has sent of for me to go to a tribunal which is next week and he thinks i'll lose because of case law about receiving letters. I have since spoke to other people who were sanctioned because of not receiving letters and have had them lifted once they've done a mandatory reconsideration, so why's mine different. I think they'll do this all the time now if they can get away with it. I have to send any letters to the jobcentre recorded because of the amount of times they've said they've not received them In the tribunal form which I have a copy of the jobcentre's response it says about the first sanction/mwa - that I was late and refused to do any tasks? it also says they overlooked the first sanction and now think I should be sanctioned for 6 months (for not receiving a letter!) so now will this last sanction go from 6 months to 3 years? I can't live on £35 a week. I am finding it really hard now. I am minus £60 in my gas meter and i'm freezing, my bed feels damp and smells musty when I get in it, I would really love a hot bath (I must stink) and electric seems to be running out quicker I have about £3 in that (emergency) which is to last till I get paid on Monday Any advice anyone can give would be great, I don't know what to do Sorry for the long post
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