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  1. Hi, I hope someone can offer me some advice regarding the following: I am due to attend a tribunal hearing tomorrow to appeal against a decision to recover overpaid CTB. Although the council in question have admitted it was an "official error" on their part, they maintain that it was "reasonable" for me to have realised the error at the time. The error in question is that I was awarded 100% CTB when I should have been awarded 50% due to me sharing the property I live in with another tenant. I did not question the decision at the time as I had provided them with all the relevant information (on more than one occasion), and trusted that their calculations were correct based on what I had provided. I am also self-employed and consequently the benefit and WTC I receive fluctuates throughout the year, so when I received a letter telling me it had changed again I did not believe anything was amiss. Their argument seems to assume a detailed knowledge of how CTB is calculated that I could not possibly have unless I actually worked for the department! (although it seems this would still be no guarantee... ;-) Having taken some legal advice I have decided to continue with my appeal and am due in court tomorrow. The solicitor has advised me that the Tribunal will take an "inquisitorial" approach, requiring me to give my version of events which I have outlined above. I would like to ask if anyone has experience of these kind of Tribunals and what I can do to give myself the best possible chance of winning the case. Many Thanks in advance!
  2. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/289342/tribunal-stats-oct-dec-2013.pdf For those of you who are interested! Quite sad to see a 79% drop in claims compared to 2012, and it certainly makes for interesting statistical reading. In summary, there are only now around 1,700 claims issued per month - down from 5,000 per month.
  3. Hi Everyone, I am suspended awaiting a discipline hearing. My employer said that when I am given a hearing date I cannot resign, but that they would consider it. I asked them to explain and give me details of my contract or the relevant law that they are relying on, they didn't reply. Does anyone know the answer, my opinion is they are talking rubbish, if I hand in my notice, what are they going to do? say " sorry you can't resign, we won't accept it" can't believe they even think they can do it. In that case I could say, I don't accept you sacking me, but I might consider it. Surely resignation is not a two way thing. Look forward to your opinions.
  4. Hello, I really hope someone can offer some advice. Our situation is quite complicated which is probably the reason that all this has occurred! I will try to be as concise as possible but would really appreciate some of the expert help you guys have to offer. I am an NHS student and in receipt of a student bursary My husband was made redundant in 2011 and struggled to find work so in May 2012 we started our own business as hoped to give it a go. For the year 2012/13 our business made a loss of £600 prior to us being able to draw any salary/dividends etc. There are 2 aspects to our overpayment which I am trying to figure out in my own head. I pay childcare costs for our children to attend nursery. [at the time the overpayment begun] I paid £240 a week to nursery and my childcare allowance from my bursary was £187/week. I emailed the council asking if it was possible for the difference between my bursary and the actual cost of childcare (£53/week) be considered when calculating my benefit (I have copies of this email). The person dealing with this questioned it with her superiors and eventually got back to me and told me that it could be. She said that it was really complex but between them they had figured it out and that the next letter I received would have the correct entitlement. I have recently received a letter stating that I have received an overpayment as the above should not have been done as our work was not classed as remunerative and therefore could not have childcare costs disregarded against it. I have spoken to the woman whom I originally dealt with (I also recorded this phone call) and she said that they (the people who processed it including her and one colleague and their senior) were unaware of the above rule and that it was probably their mistake. I have emails that I sent them during the correspondence about this stating that we were not taking any salary from the business so they definitely knew it was not remunerative. The second aspect is to do with something our accountant did with our company accounts which goes completely over my head, I will try and explain it as best I can... As I said ^^ in 2012/13 the company made a loss of £600 before any salary could be paid to us. The accountant advised us to account a notional cost of £5200, which is technically an example salary figure which would allow us to decide in a future year whether the company was viable or not. It would be reabsorbed in subsequent years. I phoned HB and asked whether this was anything that would affect our entitlement (as obviously we could not lose our HB when we wouldn't actually be receiving any money from the business). I was told by someone on the end of the phone that this was fine as didn't affect our household income. - Unfortunately I have no proof of this conversation as it was literally a brief phone call and when they dismissed it as insignificant I did not even think to follow it up in writing. I honestly can not even remember if they took my claim number or address to attribute notes to our claim. Originally they said that the overpayment had arisen as we had a salary from the business as above, I submitted an explanation and copies of our self assessment tax returns showing that we had received no income. They then explained that their issue was that we had submitted different figures to them in order to take advantage of HB and CTB and that we couldn't with one hand say that the company paid someone £5200 and with the other hand say we received nothing. I don't really understand this as the accountant explained that a notional salary was quite a common thing to do in a companies first year or two. Either way they are unhappy about it and feel that it equates to an overpayment for the entire year. I have spoken to our accountant and she said that she cant really see why it affects anything but that if there is no other way to rectify it that she can submit an amendment to the accounts for 2012/13 and remove the notional cost. I am so confused about this all. I feel that the childcare aspect was definitely their mistake and there is no way I could have been expected to know that I had received an overpayment. The notional cost thing is just baffling me, I do understand what they are saying but never considered it that way previously (partly because I was told by them that if it didn't affect income then it didn't matter-I doubt I can prove this). I am happy to get the accountant to amend the accounts as there was no benefit to us of having it there anyway but I don't know if this will make a difference. I am so sorry that this is such a long post but if anyone has managed to read to the end any advice would be appreciated. Also I have been to see the local benefits advice service, the woman was lovely and is looking into this for us at the moment but it struck me that she is a council employee so is this a conflict of interest, ie. would she really help me to sort this out as it is basically working against her employer, am I better trying to see CAB or someone else?? Many many thanks!!!
  5. going to my hearing on 28th march and would like to know if I have to put everything in writing or can I just speak to the judge/doctor on the day as they have my medical records etc, stating my conditions, ive read the sticky about appeals and it says to highlight the descriptors you are challenging i did this in my original letter on GL24 saying what descriptors i disagree with, so do i need to send this in again to the tribunal, i have had to deal with my wife battling breast cancer so have been thinking about other things and now got to sort this as well any help would be welcome thanks
  6. Apologies for the wall of text.. Hi everyone, Basically I’m in a bit of a mess, and looking for a bit of advice (maybe someone’s been through a similar thing, or knows more about the system than I do.. Which wouldn’t be hard .) I’m a 31 year old guy, and originally I was claiming incapacity benefit, due to anxiety and depression; for around 12 months. Then I was moved over to ESA, contribution based. After 12 months that was to be stopped; so I switched over to income based ESA. In March 2013 I was called in for an ATOS assessment, and given zero points. Obviously I was very surprised. I have a genuine condition (I’ll cover that down below), and I was fairly well prepared, having read the descriptors, taken along medication, doctor’s note and being quite careful about how I spoke and so on. Anyway, I appealed, and was put on assessment rate while I waited for my tribunal date (resulting in around £3.5k in further debt, to date). I was eventually given one, and that was 2 weeks ago. I requested an adjournment, as I was still gathering evidence, but that was turned down. When I turned up (alone, which didn’t go down well with the judge.. But I can’t afford legal representation, and one of the reasons I’m asking here is for any suggestion with regards to organisations that do offer a free representative. I’m having no joy whatsoever) and basically it was adjourned by the judge on the day, due to my submitting further evidence on the day. What she actually said was “I don’t have time to review this evidence now, but at a glance I see no reason why you shouldn’t be in work. I won’t say anymore, or I won’t be able to see you next time. And I’d suggest you seek representation ”- Whilst basically scowling at me. Needless to say I was mortified.. When I left the court I was pulled aside by someone who had just represented a young chap, and asked how I’d gotten on, because my judge is apparently ‘feared within the circuit’, and quite a hard case... Brilliant. Anyway, I’ve been given another date, which is in 10 days time. Before I list the evidence I’ve submitted I’ll note a few quick oddities. Firstly, I was never asked to submit an ESA50 before my ATOS assessment. The last one I was asked to submit was in 2011. And yet in my ATOS report they state that the ESA50 was available for the assessor to review (just to add, I was also given 0 points for that one, but the decision was superseded , by whoever supersedes that?, as I’d appealed that too. But that was back in 2011, before the great purge.. But it’s funny how back then I was ill enough, but now, using the same ESA50, I’m no longer ill enough..), and secondly, as seems to be the case for everyone, they basically lied about everything that i said to the assessor. Nothing that’s written down relates to what I actually said. So far I’ve submitted a letter from my doctor, stating that I do in fact have a long history of anxiety and depression, which make social interactions difficult, and impacts my ability to work. Also stating that I am seeing a CBT therapist. I have a letter from my CBT therapist, in which she was only willing to confirm that I am regularly attending CBT sessions. A copy of my medical records, dating back to 2011, which show my mental health referrals (several), CBT referrals, over 10 types of anti depressants prescribed, and diazepam, temazepam, etcetc. It also notes treatment for my IBS issues, treatment for insomnia, acid reflux, etc. All of which are ongoing, and most likely caused by Anxiety. I also submitted copies of the last 6 month’s worth of ‘statement of fitness for work’ (sicknotes) signed off by several gp’s., which again state that I am unfit for work due to anxiety and depression. My question there is; what else do I need to submit?, or can submit?. Aside from having some sort of mind reader verify my mental health state, what can I do? L. I take (and am prescribed) diazepam, daily, for dealing with limited social situations. Lustral/Sertraline. And I attend CBT weekly (to give you an example of how things really are here, this week’s CBT goal is for the CBT therapist to accompany me down the local high street, as a social anxiety exposure exercise.. How on earth am I meant to jump into work from this position?. I’ve never felt this worried in all my life, it’s just making everything so much worse) and to add to that, I developed an issue with alcohol abuse over the last few years; which is for now under control (thanks to a local alcohol/drug agency called aquarius, who I recommend), and obviously that won’t be taken into account. I’m not sure what else I can submit. I can request a medical report from my GP, which will cost £50 (which I don’t have). And she’s made it clear that it will only really reflect the information that’s in the letter she gave me and the medical records I have submitted (imagine..), and fair enough. And that’s pretty much all I can think of. In terms of representation, I live in the Dudley area of the West Midlands; and I’ve contacted the CAB, and Mind, and basically been told that no-one deals with representation. Taking a family member along isn’t an option, as though I’ve been reduced to living with my father, he’s completely against benefits, and would certainly not fare well in the court room (he simply wouldn’t go anyway). Aside from that I have no friends to take. Professional legal representation isn’t affordable, sadly. So I’m kinda screwed there.. Ooof, my mind is melting. Sorry for the wall of text, I just wanted to try to cover everything (and maybe vent a bit..) and see if anyone had any advice. Literally, any advice is genuinely greatly appreciated.
  7. I have just read on another forum of someone who maintains that their ESA tribunal was heard in front of a judge (or not heard as in this case). Has anyone else heard of this - have they altered the way appeals are heard. From what they wrote, the judge failed to hear the case because he did not have representation. So his case was not heard and a new date set. I have asked them for more information - as this is first I have heard of a judge hearing these cases.
  8. Hi Can anyone give me some advice please. I must admit I have done absolutely nothing to prepare for my Hearing. I have buried my head in the sand. Tribunal next Monday! I have been on long term sick since May 2012. Originally on SSP and then ESA Contribution based from December 2012. I have been diagnosed with lumbar scoliosis/severe spondylosis. I have several diffuse posterior disc bulges etc. At my ATOS examination I got zero points. I have forwarded all x-ray results etc., doctors letters to them but they still upheld the decision. I am that depressed with it all I am considering not even bothering attending as I do not know what else I can provide. I am currently receiving medication with a possibility of laser treatment in the future. Having spoke to the health professionals at the Pain Clinic, I am informed that the best I can expect is getting the pain under control which has not been managed yet. Also on the assumption I will probably not win - what happens next? Thank you. pgtips
  9. Hi what can you claim if you lose your esa tribunal appeal . We went today for tribunal for esa what a waste of time my husband had is medical in october but since then is hernis as popped back out from 2 years ago and they won.t take that into consideration at the appeal they also didn't think that having more than 5 blackouts a year is anything to be worried about and we just went blank when we went in he also as a really bad varicose vein and bad back he.s on medication for all of them . They said we have to discuss this and send you the decision which normally means you haven.t won. What can we claim now he.s my carer as i have hyporthyroid and b12 difency with pins and needles through hands and feet constantly loss of memory and a load of other things i.ve a pip claim going through now . Is doctor says he can.t work he can.t even carry our baby son without being in pain. Should i claim esa instead of him can he even reclaim esa for is hernia now as different from before. We just don.t know what we can claim at all.thanks
  10. Hello I resigned from my job last June as I uncovered alot of dodgy dealings that my Manager was doing. I had been singled out and had not been given voluntary redundancy when requested. I used the Companys Whistleblowing procedure to air my views and to expose what had been happening. The Manager has just been sacked and the investigation has just finished. Am I able to take my employer to Civil Court for compensation at all? I know im out of time for the employment tribunal route and wondered what my options were?
  11. i have my ESA tribunal upcoming soon & although i was given the advice from them on the telephone from the benefits agency that if i lost my appeal i can claim straight away for job seekers & i would be fast tracked i am inclined not to believe this can anyone help me with this matter please?
  12. I have a date set for a tribunal hearing for unfair dismissal and have to submit what I am claiming for. I am self representing. My employer singled me out and called me in for every little thing to try and dismiss me for over 2 years after I raised a grievance because management had blackmailed me. On my ET1 there was no boxes to tick to say I had been victimized/discriminated against or harassed other than for racial/sexual/age etc which obviously wasn't the case as i didn't fall into any of these categories. I did put in the notes that I was singled out and punished over things every employee was doing and management ignored this fact. Now my question is can I claim for any damages because of this? Will the tribunal pick up on this and award me damages or do I just write off the way I have been treated and claim for loss of earnings etc
  13. Hi, I am new to this site I would like some advice regarding my tribunal next week, I have just had a new atos assessment over two weeks ago and still waiting on a decision, this tribunal next week is for previous decision nearly 2yrs ago I appealed that decision and it was reconsidered by dwp and was put in wrag I appealed that decision to be put in support group but dwp said not enough evidence to be put in support group so it was sent to tribunal which the hearing will be next week. Would it be worth my while going to the hearing because what ever decision they come to will it stand? As I have since filled in another esa50 and had another atos assessment over two weeks ago and still waiting on a decision on that. I suffer from anxiety depression ptsd and other physical health conditions, the only evidence I have is a letter my GP gave me which just has my medical conditions and my medication I take nothing about how my conditions affect me or the affect my medication has on me.
  14. It is being said in the DWP response that medical evidence is insufficient, and apparently there are numerous inconsistances, with my ESA50 and the appeal papers written on my behalf by a family member …Not so. .my ailments have only been echoed .and if anything explained. more explicitly. The Welfare benefits team have written a submission for the hearing (my atos medical was 12 & 1/2 months ago) If the hearing is not found in my favour what if anything can I do as a next step? I have currently been out of work and claiming long term sick for 10 yrs, my heath has in fact deteriorated and not improved, I now also suffer with very bad migraines, the symptoms of which mimic a stroke. .these it seems carry no weight re: my claim. Fast forward to today my appeal hearing: my case has been adjourned, initially due to my paper work from welfare benefits team (community legal action) not reaching the judge until 5 minutes before my hearing started. I was asked if I wanted to proceed without the welfare evidence being read and was given 5 minutes to reach that decision .I did not know the best course of action and found it impossible to make up my mind. the judge decided on adjournment and they have now decided to request almost 3yrs of medical records, from what has been said I am under the impression that they do not think that my doctors description of my ailments matches the medications I am being treated with …..if this is the case where do I stand? If they were to find I am being inadequately treated medically will this go against me? surely I can not be penalised for this? can anyone shed any light on this for me. thanks marie123
  15. Hello. I was an employee who was made redundant by my employer. I represented myself at an employment tribunal, who found in my favour on all counts. They judged that it had been unfair dismissal and sex discrimination and made an award of around £10,000 although I don’t expect any of it will be paid. At the start of the hearing my employer’s solicitor tried to wriggle, suggesting to the judge that they were not a legal entity. The business is run by a managing committee of volunteers (an unincorporated association) and is also a registered charity (registered with the charities commission). However, don’t let that draw sympathy, the hearing revealed how badly the charity was being managed and how the charitable funds were being wasted. The judge said that they are a registered charity and therefore a legal entity. So although they may wish to describe themselves as an unincorporated association, they did enter into employment contracts with me and other staff in the name of the charity and have assets in the name of the charity. Question So with the status of the respondent being a registered charity (claiming to be an unincorporated association), who should I address the high court enforcement order to? The managing committee will all be stepping down from their positions and running for cover. Should I put the name and address of the charity, or the present chair of the managing committee, or the then chair of the managing committee at the time of the redundancy, or the managing committee secretary who signed the paper work, or all the managing committee members by name? I’m not expecting to see any money paid to me but I don’t want to make it easy for them to wriggle of the hook and continue operating either. Thank you so much for taking a look at my thread. x
  16. Hello there! I'm new to this forum and would really appreciate some advice as I have exhausted Google/CAB! My ex employer is a massive public sector organisation. I am currently in the process of taking them to the Employment Tribunal. I won't go into too much detail about that for now as I think I've got it all in hand. Anywho, I made a SAR to my ex employer back in July for some of my HR record as it was necessary for my ET case. After a seven week delay (thats seven weeks AFTER the 40 day time limit) I finally received some of the information I had requested. I believe my complaint to the ICO gave them a kick up the bum. Fortunately the day before receiving the SAR, the legal department at my ex employer sent me a copy of the information I had requested, so I now had two copies of the same document. When I compared both documents, it was clear that the Data Controller who sent me the SAR had redacted ALOT of information. The information they had redacted was not in relation to a third party, but information that supports my ET claim!!! They have also redacted any reference to an email that I had requested, that was attached to this document (this email supports my ET claim massively). Needless to say, they haven't sent me this email. I immediately phoned the Data Controller and spoke to one of the advisors and the manager who both seemed extremely uncomfortable and eager to end the conversation. I have furthered my complaint with the ICO, who have passed this on to a specialist department. Is someone able to tell me what I can do about this?! Is this not akin to attempting to pervert the course of justice?? I have a case management discussion next week, should this be brought up?? I'm unsure as it wasn't actually the legal department who tried to cover this information up, but still technically the Respondent did... I am livid and will now doubt any documents I am sent by the Respondent in future! I apologise is some of this doesn't make sense, my toddler is currently trying to use me as a climbing frame!!! Any advice very much appreciated!!
  17. Hello all, After suffering an accident at work over a year ago (dislocated jaw) I have had severe TMJ disorder since. I am receiving treatment under my Dentist, with regular check ups with my Doctor. I have records at the Hospital for my TMJ disorder and may be referred to the Hospital for possible operations on my Jaw. Long story short, I got 0 points at ATOS, and my tribunal hearing was completely refused. In the letter I received this morning, it stats that they understand I have a "Jaw problem" but that's it. Basically, the advice from my Doctor is null. The doctor at the tribunal was easy to talk to but the judge made me feel incredibly stressed out. I was being looked at, and spoken to like I am dirt. It honestly felt like I was going to be sent down for years or something. How it affects me ~ - Almost daily headaches and facial pain - Jaw tightens up and locks up often - Cannot talk for more than 30-40 minutes - Migraine attacks with aura (so I can become half blind) (Migraines last up to 3 days for me) - Ringing in ears / hearing loss - Severe dizzy spells and drowsiness - Severe fatigue - Depression The doctor there was shocked that, that day was the first time stepping outside for over 3 weeks. Am not enjoying life at all and now I'm basically forced to look for work where pretty much no-one will employ due to my health. The judge was picking faults all the time, it felt like I was being interrogated on my condition. They both even asked "How is it a health / safety risk?" when I said it's a risk to myself and colleagues if I am operating machinery, carry an object or on a ladder. Do I appeal to the higher tribunal or do I risk myself and other people in a work place?
  18. Hi all, im trying to get some advice re esa tribunal for a friend who is in pieces at the short hearing date - only had 15 days to prepare. A big pack has arrived which contains all the paperwork from both atos and him and well its a minefiled. I cant understand some of the paperwork as their is a lot of legal jargon. Problem he faces - everyone including dr and hospital consultants are away over xmas and new year so he is unable to get any supporting documents in time. 2 questions really....... 1. Can we request a later hearing date 2. If the hearign still goes ahead how should we approach it. Any help will be greatly appreciated. Thanks
  19. Hi, I need to know if I have employment rights or not. I started providing IT support to my employer in 2010. My day to day job was to assist staff on technical issues by phone, email etc and on various occansion I would visit the company to resolve other IT related technical issues. I had no contract for the support I was providing. In May 2012 I started to work as an in-house IT Techncian for the same employer and signed an employment contract. I have been providing them ongoing IT support as well as working as an in-house IT technician. Recently in december 2013 I have been unfairly dismissed for gross misconduct and I want to take my employer to tribunal. According to new employment rules if I started my employment after April 2012 then the qualifying period would be 2 years and if it was prior to April 2012 then it would be just one year. My question is that do I have employment rights or not as I only signed the employment contract in May 2012 but on the other hand I had also been working there since 2010 without any contract. Thanks
  20. I am about to walk into a preliminary hearing without any representation next week. I returned to a previous employer, and began struggling with mental health issues because I felt my senior manager was neglecting the department. Not being able to progress and develop my work streams was really frustrating, and it began to make me sick. I asked for help and was referred to OH OH made recommendations of reasonable adjustments. Negotiations with my senior line manager in trying to implement the advice broke down 3 times (as she tried to change my contracted hours from 37.5 to 40, refused to accept i had a disability, questioned my capacity, capability and performance alongside. My employer was also trying to discipline me for time keeping without making any effort to adjust.) It got worse: I was overlooked for a development opportunity that lots of people in the organisation assumed i would act in my line managers role. I applied for the secondment under the two ticks guaranteed interview scheme - but didn't get an interview. My senior manager looked at my pre-employment health questionnaire and accused me of lying on it. I grievanced, and was told my complaints wouldn't be upheld and I should put up and shut up. I was told my opinion didn't count because I had a distorted perception of reality. After OH held a case conference to ease the implementation of the reasonable adjustment - i received a six page letter trying to change my terms and conditions and only achieved excluding me further. Within 3 months of being back at work (working to their rules, and with them still failing me) - they started disciplinary action on me for three offenses. Only two complaints were attained - one was linked to them ignoring OH advice. When OH found out about the disciplinary's he advised them to deal with them swiftly - Feb 2012 - Jan 2014 and not dealt with. Finally, I took annual leave and went on holiday. Part way through I liaised with my line manager and add an extra day. It was granted. That day my middle manager rang me screaming that I had failed to report, and refused to accept I had a days leave granted. I was going to be disciplined for that too! Very upset I emailed the person I sent the original grievance to saying that the bullying was still happening. I was suspended in July 2013. I've been suspended ever since. So whilst subject to sanctions of the suspension, and the ?three disciplinary's hanging over me I was encouraged ?(harassed) to apply for other jobs with the employer. On my third application I queried if I should be applying as technically I was subject to sanctions. I was then told, it had all been a terrible mistake and as I am probably going to be sacked I shouldn't be applying for anything afterall. Two days before Christmas I was emailed to pick up a 6 volume report into why they should sack me. And I should anticipate a letter in the new year inviting me to a meeting to terminate my contract. I have complex PTSD after being abused as a child, and delayed sleep phase disorder. Can someone reassure me they can see a pattern of behaviour that displays disability discrimination? Can anyone tell me where I can find a lastminute.com legal eagle to support me at the tribunal? (I've tried CAB, their person who does 'employment' is on annual leave - and they can't get someone from another branch.) Thanks for your time.....
  21. Hi all, A Pre thanks for any advice given. I'm currently due to go to ET on 9th Jan and after a lot of emails from respondant, I have received the old "without Prejudice save as to costs" letter saying.."In the circumstances, and for the reasons listed above, the Respondent believes your claim has no reasonable prospects of success. Notwithstanding this in an attempt to bring this matter to a conclusion without further costs being incurred the Respondent is willing to withhold pursuing you for the costs it incurs in defending the claim, should you agree to withdraw your claim before 02 January 2013. If you choose not to withdraw and this matter progresses to hearing and you are unsuccessful, our client reserves the right to draw this email to the attention of the Employment Tribunal and make a cost application against you. Rule 76(1) allows a Tribunal to award costs against a party who has acted vexatious, abusively, disruptively or unreasonably in proceedings or when a claim had no reasonable prospects of success." I know this hardly ever happens but I was wondering how to reply I and a few other people some professional (not Lawyers) believe I have a strong case their 'paperwork' and 'witness statements' are pretty awful as in they contradict them selves. I find it pretty shocking that they have suggested I have been vexatious, abusive, disruptive or unreasonable I find this to be discriminating against me.. I don't want to be picky but I want a decent reply to them. I highly doubt "IF" they did win the would be awarded costs as I have a family (Wife and 3 Kids) and currently on JSA (Not by choice). Sorry for the long post and thank you Merry Christmas to all Gary
  22. Hi, I would be grateful if someone can give me a better insight into this matter. I will try to simplify it.although its a little complex: I have a Full merits hearing set for next Thursday. The respondent's team tried to strike out both my claims: Unfair Dismissal- due to lack of continuous service I only received a contract in May 2012, although I have written evidence that I was to receive a 'salary' from April 1st..and my April pay is not a round figure..suggesting deductions were made. I had prior to that, been working full time, self-employed. Unlawful Deduction of Wages-due to the claim being Out of Time My claim relates to a proportion of commission that was not paid. My argument is that the contract did not set a deadline for payment..and even after part of it was paid, the MD at least promised to look into it. I made the claim within 3 month of my final salary payment. Last week, they turned up to the Preliminary Hearing late and unprepared, so the judge decided to proceed to a full hearing which would deal with the preliminary issues as well. I have irrefutable written evidence that my commission claim is justified. (due to a last minute witness whose participation in effect forced disclosure). The other side have offered to settle on a figure based on this commission..but not the Unfair Dismissal.. My original ET1 claim and subsequent settlement proposal amounts to about 1/5 of the total schedule of loss...so I think its pretty fair. The original bundle included meeting notes that had been altered by the Respondent... Upon hearing that the original note-maker (currently still working for the Respondent) may be appearing as a summonsed witness, they resubmitted the notes in their correct version...both sets are in the bundle:further indisputable evidence of dishonesty... The danger is, that I may not win on the preliminary issues, despite the evidence confirming my claims are justified.. If the preliminary issues are borderline, would the actual facts regarding the veracity of the claim and the dishonesty of the Respondent have an impact on the panel ruling in my favour (on the preliminary issues)? The commission issue is a formality if the Judge rules that it was In Time. Unfair Dismissal is more complicated: Despite being Head and the most experienced member of my Academic department, I apparently came bottom of a dubious test, that the Respondent designed himself, meaning that I was chosen for redundancy despite being willing to take a teaching role at the same pay rate as my staff. The test showed that other staff had 0% lateness and 0% sickness and also scored me lower on teaching skills, despite no actual observations having been done. I did question the scoring, but never got a clear response. The Respondent has included many documents in the bundle to try to discredit me. Some of the allegations are fair, others are not. Can I perhaps use those allegations in my favour to suggest (as I believe) that I was made redundant because of these issues? I have other evidence to back up my credibility including an excellent reference from my current and previous employer..and an award won by the dept I managed... Many thanks!
  23. Hi All With my appeal looming in December I am just a little concerned that I am not clear on one of my descriptors or one that is gonna be play against me.. When we went to the assessment the place I could park thecar was in my view just under 200m, yet it took about 20 minutes with 4 stopsdue to pain and discomfort... Can someone clarify that wouldfall in to this categoryof this descriptor Cannot either: (i) mobilise morethan 200 metres on level ground without stopping in order to avoid significantdiscomfort or exhaustion; or (ii) repeatedlymobilise 200 metres within a reasonable timescale because of significantdiscomfort or exhaustion Yet when wementioned these facts,all she was interested in that we had come by car...bigdeal as the assessment centre is on a main route into a town with no drop offpoint, so I question is this a set up by Atos.. even the bus station is aboutthat same distance.. And yet it could be argued that someone whocame by train and bus would of had to walk more that a total of 200meters toget to the centre... Yet when the ESA wrote to me after the assessment they used some phrase that my mobility would improve with the use of a mobile wheel chair... talk about cop out or what
  24. Hiya, Helping my friend out once again with her latest ESA issue. After a pretty awful 14 months with no benefit or the 'assesment rate', my friend finally got to a Tribunal, where her score jumped from 6 points to 30 points. The tribunal placed her in the WRAG - which makes sense because her intention is to return to work - however the Tribunal recommended the maximum period of 24 months before reassessment in light of the serious problems she needs to tackle before that'll be realistic. Fantastic - I felt that was exactly the right result for her. I accompanied her to the JC+ this week for her first WRAG interview, and we found the JC+ hadn't taken notice of the 24 month recommendation, instead giving her only 12 months. The advisor explained this would mean she'd have to take part in the work programme - which would indeed be very difficult for her at this stage. My question is, can she appeal the JC's decision to give only 12 months? There was an 'error in pen' with the initial judgment paperwork where it was stated as "within 24 months" - this was quickly corrected to read "after 24 months" following a request from her Citizens Advice worker. Could this be the cause of the issue, or is there a precedent for the JobCentre just ignoring the Tribunal's recommendations? Could it be as simple as sending a fax off to the right place? Any help and advice would be appreciated.
  25. Hi I have a question in 2 parts hope you can help? I have written a Grievance Letter to Employer, relating to a Sex Discrimination (Maternity) issue, as well as a second letter asking why I was suspended (no grounds given I was just escorted from the building), received no reply in more than a month, just sat at home Then chased it asking for communication.. received a 2 line reply saying lawyers would contact me but that the employer would reply in their own time First part: How long should I wait for a reply from my employer before it is reasonable to complete and submit an ET1 after issuing the initial Grievance Letter? and What is the deadline for completing and submitting the ET1 - is it 3 months minus one day after I issued the Grievance Letter? Second part: If my Holiday and Maternity Leave (that should be received, not clear whether the employer intends to pay them) fall within the window, would I still be expected to comply with Grievance procedures and attend Grievance meetings during Holiday / Maternity times, or would the deadline for submitting the ET1 be extended and those things taken out of the time equation? I hope these questions make sense. I am concerned about there being a 'time out' on my ability to take my employer to a Tribunal.
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