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Found 16 results

  1. Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the trial would be considered by a panel rather than a single judge because it is a discrimination case, to use this as a reason, and so late in the day does not add up, they would have known months in advance that a panel would need to be assigned, so in using this has delayed even further. The Tribunal are also aware that the Respondents are in abuse of process as they have failed to abide the previous order for them to provide a trial bundle, witness statements and further and better particulars in readiness for the trial next week? Because of this we made an application for the Tribunal to make an unless order for this evidence to be giving as all of it is central to the claim and it had been previously ordered. We have also written to the other side and in anticipating the Tribunal not making the unless order, which seems very reasonable, by stating that we would provide our own trial bundle and giving them seven days to object. Since all of this has happened in the last couple of days, the Tribunal as it would appear are bending over backwards in allowing the previous orders be breached and ignored and they have also giving the Respondents more time to defend a claim that evidently cannot be defended because of the circumstances which led to my daughter being dismissed. Whilst i am not legally qualified as to adjudge it would a appear that (a) she has been denied the right to a fair hearing because her opponents have abused orders which if followed would have allowed the trial to proceed and ( b) the Tribunal could have not only made the request for that evidence to be disclosed, in postponing the trial next week, giving those facts and the excuse of needing a panel, which would have been knowledge as soon as pleadings were made, i feel this is unequal and unfair as the Tribunal are not only allowing orders to be breached, they are also giving the Respondents more time to further breach the orders. My daughter i feel has a very strong case and my theory is that because of the strength of her case, the opponents and the tribunal are doing everything in their power to keep this matter out of court. It is hard enough and most times financially impossible for pregnant woman to establish unfair dismissal claims because they are pregnant, the Tribunal who should protect, if my experiences are anything to go on make it even more difficult by allowing employers the right to ignore orders and as in this case give further encouragement for this to happen again by postponing without reason or justification. Any help would be greatly appreciated by this angry dad:mad2:
  2. Well now you know why your Local Library or Swimming pool is closing down ! No money for social care - because staff are being paid to prevent whistleblowing or criticism of bosses. Local Authorities are apparently requiring staff who are taking early retirement/redundancy or leaving after a dispute, to sign a gagging order (compromise agreement). It would appear that the person leaving receives more money if they do this.
  3. Hi all First time for me on this forum. I have seen several posts regarding nuisance neighbours and was wondering if anyone had experienced mediation, which I attended with my next door neighbour today and also wondered what my options are from now on. My neighbour moved in about 1 1/2 years ago. I have endured screaming from her kid on a daily basis since, made worse by the nice weather when all the windows in her property are opened, she shouts at her daughter all the time and it goes on for hours and starts about 7am even on weekends. Apparently her daughter has mental health issues although she has not yet seen any professional about it. I attended mediation today where the mother stormed off twice, accused me of things that weren't true, attacked me verbally and interrupted me, (this was allowed to happen by the mediator) I wasn't given the opportunity to reply to these attacks. Eventually because she is 'suffering from depression' (again unconfirmed) the family are in no position to keep the noise down, apparently because of the mental health issues, her daughter is not able to be kept quiet, she is unable to stop shouting, the dog needs the back door open to run in and out of the house, when tackled about this they agreed the dog could be let back into the house, but said the windows need opening as they both smoke. It was suggested they go outside which the male agreed to but the female is unable to apparently due to a newly formed agoraphobia (unconfirmed). Despite this she left the meeting to go outside the venue for a fag. A vague agreement was made but it was very wishywashy as she was at the time threatening to drive off in her husband's car, and she can't drive. Therefore I don't see a proper outcome to the meeting. They are risking my career which I have worked hard for, my daughter's and my own health is suffering greatly both physically and mentally and apparently there is nothing that can be done. The mediator fell for the sob story completely and said that nothing could happen anyway as the housing association will not remove a family when there are mental health issues. Is this true?!!!? My neighbour told me it's the way it is and it's going to get worse as her kids get older! Surely there is something I can do about this bully? Everyone seems to fall for her stories and feel sorry for her, but I hear her laughing all the time and talking about similar bullying behaviour towards the mothers at the school her daughter attends too. I hope someone knows how I can take this forward as I really liked my home, but I hate living here now. I've invested a lot of time and money into getting it nice as it was a disaster when I first moved in and am very reluctant to move. I hope someone can help, it's making me feel completely miserable Karlew
  4. ongoing et case- if I am looking for an agreed reason for leaving (rather than dismissal for alleged GM) alongside a favourable reference (comp. policy is to give std one with role and dates) is this usually possible alongside any payment? Have had much trouble securing new role due to the way last role was left and even asked for previous role back on et1. Any ideas appreciated...
  5. Hi, I have looked through the posts and cannot find anything similar to this. Any advice or help would be very welcome. My wife has worked for a company for 2 1/2 years and 2 weeks ago she made an official complaint to her immediate director about another director in the company. This other director has upset a lot of people in the company and has made it clear that she does not like my wife and has made things very difficult for her. This has also been the case of the business owner whom took on this director about 10 months ago when these issues started to happen. Before this director joined the company, my wife had a good relationship with the business owner and was well respected. My wife put up with many issues and I guess you could say she was bullied, although she would not use this term loosely. After work at home, she often would end up in tears about the situation in her office. She eventually made a complaint to her immediate director which was not an official grievance although she did put it in writing to him. Needless to say, the situation did not improve and as I mentioned above, she made an official grievance complaint about the other director. In the two weeks since the complaint, the director she complained about hardly spoke to her, this situation made things very difficult in the relatively small office where they work, approx 12 people. Nothing has been done about the complaint, no formal letter received or mention at all. Yesterday she was taken in to the office by her immediate director and told that they (the other director and owner) would be doing a compromise agreement and that she should collect all her personal belongings and leave the office and they would call her this Monday to arrange a meeting. She was given no letter or anything. I am not sure where to start with and questions on whether this is allowed or what her rights are. We will obviously need to see a solicitor and how will this be paid for. This seems to be a very unprofessional way of dealing with the situation and the fact that she is good at her job and has been forced out of the company mainly due to the fact that this other director does not like her and has some control and influence with the business owner in someway. For what it is worth, the financial director that she reports to has told her that she is very good at her job and he is very angry at the whole process and has argued with the owner and other director not to carry out this action. I presume that a compromise agreement will wipe out any grievance action, however, we are not sure whether this would be the best course of action for her, she earns £33k a year, what likely amount would she get under an agreement? If anyone has any advice or experience in this situation it would be nice to hear from you. Thank you for reading this and I look forward to any comments. Many thanks Bruce
  6. Hi first time posting on here however have been a member for a long time I due to be made redundant at the end of may a number of agreements, which were made which were to stay in place till mid may have now been broken. These were agreed in meetings. They are now pushing to get the compromise agreement signed asap. what is the legal point of view if I refuse to sign it. They have stated that all terminal pay and benefits will be held till it is signed. is this legal ????
  7. I will try to be brief! I had a car accident 5 years ago and have been left with residual issues both physical and emotional. I have been in my current job for 4 years - my manager knew all about my accident issues - inc PTSD when I was hired. For 2 years everything at work was ok and I was offered a promotion in March 2011 - which I took. Since then - things have slowly gone down hill. The additional work responsibilities, hours and increased driving have culminated in my ill health. . . . . Last spring I was off work with stress, anxiety and depression for 7 weeks. Phased return to work followed and then from September I was back into the normal swing of things working 50 hours plus a week which was making me very unwell. I went to my GP and was put on reduced hours - 4 days a week since mid November. However I have not had a reduction in my duties, in fact there has been an increase in my tasks and responsibilities so I am no better off than I was. Work asked me to go to an OHA last week and the report said I should work no more than 28 hours a week - I was a bit shell shocked in the meeting and didn't deport myself very well. I should have said a reduction to 3 days a week as I am not coping with 4 days but I wasn't really in control of the meeting and was overwhelmed. Result is the report is quite soft and urges a "reduction in responsibilities and workload to make 28 hours a week achievable;" . . . Long and short of it is my work have asked me to suggest what reasonable adjustments they can make. I didn't think it was supposed to be that way around, but none the less! So I have made some suggestions hoping that they deem them unreasonable because really I want to leave the job. I have come to terms with the fact that my on-going issues mean it is not good for me to be in a position of responsibility it causes me too much stress and anxiety. However - I am trapped because my solicitor says that I can't resign and that I have to be medically retired or go on long term sick. I want to move on now and don't feel ethically right in dragging things out with work so I want to try and force a compromise. It is not necessarily for financial restitution - although I have been really neglectfully dealt with considering I am very much covered by the Equality Act - but more because I need for my court case to consider future loss of earnings not to have resigned. Before my accident I would definitely have had no problems dealing with the responsibility and workload but now I just can't cope anymore. . . . Can anyone advise me as to how I go about this? I have been honest with my manager and my HR director that I am really struggling with my current situation and do not think this role is right for me anymore but no one is listening to me. I think to be heard and the situation to be taken seriously I will have to raise it but seeing as I can't just resign how do I get myself out of this situation? I just want to be rid of this job because it is really making me ill - I work within child protection for a charity and the responsibility of my job is just too much - I feel on the verge of a breakdown everyday because I just can't cope with making decisions and being in charge of something so potentially serious. Thank you!
  8. Hi all, Hope you can help. I have been offered a CA by my employer after originally being dismissed for GM. I took this to appeal and was subsequently offered the CA after an off the record chat. Later this morning I'm visiting JCP and wondered what I should disclose? My ex employer and I had agreed that it would be seen that I was made redundant from my post, not dismissed. What is it that I tell JCP?
  9. Hi there, First time forum user so apologies if this is in the wrong place. My employer has given me reason to believe that the outcome of a forthcoming discliplinary will be dismissal. It has been mentioned that they would prefer to go down the compromise agreement route. I have no idea what this would include but understand that it would mean signing away my employment rights of any potential claims. I should say that my employer have not exactly been very helpful and have refused to provide me with requested information to defend myself in any formal hearing. I have been with the company for more than 15 years and both myself and other employment help sources believe i wouls have a strong case if went to an ET. Could someone point me in the right direction or forum please
  10. I am about to enter into negotiations with my employers for my employment to end through a compromise agreement. I am just enquiring whether anyone can advise what I can expect to receive. I have worked for my employers for 10.5 years and I know that they will have to pay 10 weeks notice plus holidays accrued. I am just wondering what I can expect for compensation. The reason this has come about is that I have been off sick since August 2012 and am now in the process of claiming ESA and I dont know when I will be ready to return to work so the best thing is if we came to some agreement. Any advice would be appreciated.
  11. I am posting for some advice. I have been off sick since 9th August 2012 and I have requested to my employer whether they agree or not for me to work from home for 2.5 days a week instead of working full-time. I am worked for my employer now for just over 10 years. My sickness is due to depression but I also suffer from crohns disease and diabetes which are covered by the Equallity Act. The question I am asking is that my employers have requested an informal meeting to discuss ending my employment through a compromise agreement and I was just wondering what kind of payment I can request. Is there any recommendations or is it just a matter of what they offer me. Any help would be greatly appreciated. Regards Sandra
  12. How long after signing a compromise agreement (husband has had a copy of it sent back three weeks ago) before the money is paid into his account?
  13. Hi All Can you give me some advice on dealing with a Compromise Agreement, Please. I got made redundant yesterday (unfair dismissal) and during the meeting was (verbally) offered 3 months salary if I signed a CA. I spoke to my solicitor today and he says it should be more like 12 months due to the severity of the claim and the fact I cant work for 6 months (for a client or competitor - which is virtually everyone). I'm currently unable to even apply for the 2 or 3 roles I'm legally allowed to apply for because of anxiety and depression (due to work related stress). But I can see my former employer ever going as high as 12 months salary. Do I just email them to say NO and let them come back to me if they want? I'm meeting with my solicitor again in 2 weeks to start the ET process. He's suggested sending a Letter Before Action before the ET1 and he'll manage the Compromise Agreement negotiations if there are any. So first step email saying NO or should I be letting them come to me?? Help
  14. Hi there, Taking my employers to a ET due to Disability Discrimination and Harassment - the line manager who did the majority of this has been made redundant and I don't think he's prepared to be used as a witness. My company asked for a delay in the Prohibitive Conduct Questionnaire until after all the documents of the case were shared(which the ET had scheduled about a week before the Questionnaire was due in) however, yippee, the ET Judge has agreed to me extending the date for the disclosure of documents so my Companies rep has said they are in 'a very difficult situation'. I don't really want to go to the ET if we can sort it externally but my case looks increasingly good so, my question, because of these circumstances - is now the time to ask if they would consider a compromise agreement to end this sorry show?
  15. Hi all .. I hope someone can help with this as there is nothing on the net about this type of compomise agreement.. I have today received a compromise agreement from my employer .. The strange thing about it is that in section 1 (Background) it reads:- 1.1 .. This agreement has been entered into on a totally volumtary basis by the executive (me) who personally requested that he be allowed to leave the employ of the company. 1.2 .. This agreement records the terms and contions upon which the company and the executive have agreed to settle all outstanding claims that the executive may have against the company resulting from his employment or its termination. Now.. The sticking point for me is that the boss called me into a meeting where he asked me to sign this without seeking legal advice, telling me it would be more benifical to me to give me the £400 it would cost the company to pay a my solicitor to look it over. I have been with the company for 2 years and he has offered me 1 months notice and 3 weeks wages (I am 44 and would be entitled to 3 weeksredundancy) My department within the company has 2 employees (My manager and I) we net the largest income within the company and my manager cannot do the job alone as he already puts in 60 hrs a week so he would need to either employ someone new or move someone from another department to help my manager. His reason for picking me to leave is that the company needs to make cuts and because my wage is reasonably low and my length of service is only 2 years it would cost the company less to get rid of me than somone that has been there 20 years and on a high wage ... even though they have just taken on 3 new employees within the last 3 months .. One of them being a school leaver. I have never had any diciplinary issues and always helped out other departments when needed .. The company is reasonably small with about 50 employees and in the manufactruring sector. If anyone can point me in the right direction to go as he has requested this form back beginning of next week as my termination date is on Friday. Many thanks
  16. Hi, I am new on here so please bare with me, to cut along story short. I have worked for my employer for 6 years as a sales rep.I have been very successful and have an umblemished work history with them. I had 6 months maternity leave during 2011 and returned at the end of the year. A new manager started in April 2012 and requested a meeting with me 3 weeks in to their employment following a very brief day double working with me, infact 2 hours with me. I was advised the meeting was regarding the sales figures i had been requesting for several months of sales achieved versus targets but when i arrived to meeting HR were present. I was told meeting wasnt going to be very nice and then new manager began to rip me to shreds saying she had concerns about my ability to do the job (that i had been very succesful in), that i had no product knowledge and that they were going to put me on an "Improvement Performance Procedure", HR stepped in and said or there was another route i could go down which is a "compromise agreement". I refused the CA and said i would not be pushed out of my job by someone that had spent little time with me. The meeting ended with no steps in place to help me improve and just a date in the diary for 4 weeks ahead for my review meeting. Following the meeting i continued to do my job for a week in which time i was advised that the rest of the sales team had accepted their CA's and left the company. I then contacted HR and advised i was unhappy with the way the meeting had been conducted and that they had failed to follow their own procedures and would be willing to explore a CA. I was immediately put on leave and a week later received my first draft CA. I visited a solicitor and we refused the amount offered as it would not compensate me for loss of my job, car, healthcare, pension etc. They came back with another offer a week following and it was nearer to the amount i was happy to take but not quite there so my solicitor sent a letter with a counter proposal whch was instantly rejected and an ultimatum that i had 2 hours to sign, scan and email back a signed copy of the agreement or return to work the follwing working day. I did not sign the document or send it back as the document was completely incorrect with past dates, wrong figures, typo's refering to me as a he and not a she and advised i would return to work. The following working day i returned to work and put a grievance in against my manager for bullying and also a grievance for non payment of bonuses. I later received a call from my manager saying my review meeting would still take place at the end of the week (even though nothing to reveiw due to time on "leave") and that it would most likely end up in a disciplinary and then dismissal. I took some notes from our conversation and then added these to the grievance. The following day i rang in sick and have now been off for a week. During this time my solicitor has contact my employer and said i would reconsider a CA aslong as it was fair and reasonable but they have just replied to say no the offer is not available now. I just do not know what to do, they have made it obvious they are not happy that i am the only person that has refused to agree to their CA and are now going to try and get me out on capability based on a very brief meeting with me at a customers premises. I know everything they have done is underhanded and i should stand up to them but i have tried and it is making me ill. Any advise would be gratefully received!!!
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