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  1. I have read the stickys and I see that a lot has changed since last time I did this. ParkingEye have recorded me overstaying in a shopping estate car park and have issued me with an £85 fine (reduced in paid quickly). I am wondering if anyone has had success by providing evidence that they were genuinely in the shop for the time period shown, busily purchasing away! Essentially I was in costa and can show from my bank statements that I bought a lot of coffees whilst I was there working (oblivious as I was to the time restriction). Is this worth appealing about? My thinking is that the shop did not suffer a loss as a result of my breaching their contract? Or is that naive thinking. Some help would be very welcome 1 Date of the infringement 12.1.19 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17.1.18 3 Date received something like 22.1.19 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Y 5 Is there any photographic evidence of the event? Y 6 Have you appealed? {y/n?] post up your appeal] not yet Have you had a response? [Y/N?] post it up 7 Who is the parking company? parkingeye 8. Where exactly [carpark name and town] westgate retail park, wakefield
  2. I will do my best to ask my question without making it too complicated. I have 14 separate diagnosis. I live currently in the home I raised my children in, which was recently transferred from the council to a housing association. All my children have left home. I have carers coming in to help with personal care and domestic tasks and taking me out into the community, i.e. shopping, coffee out, for 7 hrs per week, the remainder of the time I am at home, in doors and extremely lonely. It is having a real impact on some of my diagnosis. I have a friend that is returning from outside the UK after 14 years and they are hoping to return to their home town in Yorkshire. I live in the south east and I would like to be able to share a 2 bedroom flat or house with him in Yorkshire for companionship. There is no relationship other than friends between myself and this person who happens to be male. We have known each other for 33 years. At home I feel as if I am just waiting for the inevitable....I have social services involvement but what I want to know is this....Is it possible to move to Yorkshire and move in with a friend that would for my benefit reduce the amount of care I would require, reduce and potentially stop some conditions from occurring and have a normal happy life as much as possible, without being accused as him being my partner? Thanks
  3. Hi All, This is an employment tribunal question, not sure if it belongs in this section. I am helping a friend with doing some research on how to draft and formulate grounds of appeal to EAT. The case relates to a claim for discrimination and victimisation against his ex employer which he lost some months ago. He was a litigant in person. One of the grounds of appeal he wants to submit is that the Tribunal was bias against him from the onset due to the fact that (we found this out after that the trial) the Respondents lawyer, a Barrister, is also a part time ET Judge. The ET judge who dismissed my friend's case is a consultant solicitor. We have not yet uncovered any evidence showing their firms are linked. In essence, my friend wants to argue that the Barrister for his ex employer and the ET Judge are colleagues and should have declared that conflict of interest before trial. The ET Judge we observed during trial was very friend with the other side's lawyer. I told my friend this could be a weak grounds of appeal and could irritate EAT. He claims not, and states this is a valid ground of appeal. He has other grounds to put forward. Do you guys think his assertion that the ET Judge was bias due to the mentioned reasons above is s strong ground?.. I honestly think he very well may get laughed out of court. thanks..
  4. Hi, The gym is called Ultimate Physique in a town called Castleford. - No water supply in the gym which in these conditions is just unacceptable - No air conditioning in the gym so in warm weather working out is unbearable and in the winter when working out on the first floor it's so cold you struggle to sweat - The duration of my contract is 36 months with I believe is classed as an unnecessarily long contract under Consumer Rights Act 2015 - The penalty to cancel my membership is £10 x by the remaining months, which is 19 in this case. - Is this also an unfair term in my contract due to it being a punitive penalty? Would these be classed as ground to terminate my contract? I have attached the T&C's from my contract if someone could take a look to find a way out of my contract. Thanks in advance.
  5. Not sure if this is the correct section to post,so mods,please move it if necessary. What chance has my wife of suing our local council for causing her stress?? My wife and I own a flat that we have put up for sale.It is empty and ready to move into,having just been decorated and carpeted throughout. We have had over 15 viewers since mid january,but all have said that although the flat is nicely presented,the upstairs flat puts them off buying ours. The flat above ours has 3 smashed windows at the front,and 2 smashed windows at the back.There is also a pile of discarded furniture on the balcony.the tenant is known to the council and police for drug dealing.The windows have probably been smashed by dealers that the tenant owes money to. I contacted the council around mid february over my concerns to the flat, and how it blights the neighbouhood, and has turned away potential buyers for our flat.They promised that the furniture would be removed by last week,but by yesterday,it was still there.They also promised thta the smashed windows would be replaced.Again,as of yesterday,the smashed windows are still in. I rang my estate agent yesterday and asked why he thinks the flat isn't selling.His reply,was that although the viewers like the flat,the state of the flat above has put them off, causing them to think it is a rough area,and giving them cause for concern.He said there were 2 recent viewers who took 1 look above my flat and walked away without even stepping foot inside my flat.He is going to email me his findings, and will see if any of the viewers would be willing to make a statement sharing their reason why they didn't want to purchase the flat. All this has caused my wife stress and sleepless nights,and financial hardship as we are having to pay full council tax each month, as well as water rates and electricity bills each month.My wife is having to visit her G.P. next week to increase the medication that she is already on. Our flat is the cheapest for sale in a 10 mile radius,yet other more expensive flats within our vicinity are selling. my question is:- Does my wife have a good enough case,(especially with documentary evidence of why the flat hasn't sold),to sue the local council for neglect to their property, failure to carry out repairs,and causing my wife stress/sleepless nights?? Incidentally,when I was on the phone to my estate agent,I was in the communal car park where my flat is, and several council workers were there repairing broken fences and trimming lawns.The housing officer and manageress were also there, heard my conversation, and when I had finished, spoke to me saying that they are on top of it, but they aren't,because nothing has been done.They can't even gain access to the balcony because the tenant has barricaded the door from the inside. Any help would be greatly appreciated.Both my wife and I are at our wits end.
  6. Hi, Hope I'm not breaking any rules here , And that I've posted in appropriate section and see past my bad punctuation and grammar . On 31/01/17 Kidderminster morrisons 7:10pm upon leaving store I was confronted by manager and two members of staff ,apparently they had reason to believe I had been stealing. Asked to view my bag. Shocked I gave the manager my bag he didn't even check items which I thought strange .next hands me bag back and then says I was caught shoplifting two three days ago and thrown out of store. Now I'm gob smacked. He confirms this again twice with female member of staff right in front of me .couldn't believe what I was hearing .I said I hadn't been here for about 3weeks, Couldn't believe what I was hearing .I said I hadn't been here for about 3weeks and very mistaken .Again in front of me staff confimed was me .He wasn't intrested .I said would you like me to get crb .he said that's not proof,could just mean haven't been caught yet .wow unbelievable. I ask would he like to see receipts next he says I'm barred .my self my family and friends are disgusted !!2nd part, when I got home , I phoned asking for other member of staff present , and again to tell the manager how wrong he was and I'm taking this further head office number and something has to be done about this ..he said he would look into this .I said yiu have my number now ,would you phone me back his reply you can phone back !and put me through to someone else at Kidderminster store who was lovely on phone with who I told events too .. Morrisons if I had been shoplifting why not call police there and then as surely you would have CCTV .why would a manger ban a loyal customer of years by just going on staff members word ,when I'm completely innocent ? What happened to checking a customers bag seeing receipt and then sincerely apologising .. I had a reply from there fb page ie: Morrison's Hi Alan, I am very sorry to hear that please could you PM us with your contact details so I can look into this? Thanks - Harriet LikeMore · Yesterday at 08:17 Alan Morrison Hello Harriet, as you can imagine very embarrising, but the humiliation of the experience isn't going to go away in a hurry. And I have sent a pm , I'm on lunch break so you should be able to catch me free.Alan And then in private messaging Alan Morrison Hello Harriet, Im on a lunch break right now so please phone me as soon as you have chance Alan Yesterday at 12:08 Morrisons Hi Alan, I have investigated this with the store Manager who has advised that you were already banned from the store due to breach of security they said admittedly you where not caught shop lifting last night however you was banned from the store already. If you would like to speak to the store Manager about this let me know and I will arrange for them to contact you. Thanks - Harriet Yesterday at 12:47 Alan Morrison Hello Harriet , this is my point I haven't been in store for weeks who ever they thought they had thrown out days previously .I assure you was not me ... I woukd like to view or at least get them to view cctv .... How would you feel .. If you went into you're local store then asked to show you hadn't been shop lifting ..and then be told you had been banned days before ..and thrown out when you haven't even visited there in weeks ? I'm not happy with this out come at all Yesterday at 22:22 Alan Morrison Morning Harriet, I've never been banned from a store in my life, I never breached any security I hadn't been in store for about three weeks is it possible for manager to review CCTV eveidence of what ever date of incident I'm at work till after 5 so I'll be free then if manager would call .thank you Alan Today at 08:12 Morrisons Good Afternoon Alan. After my colleague has spoken with the Manager who said you have not been caught shoplifting recently, in the last few weeks, however you have breach security on previous occasions. This is down to the Store Managers discretion and you would have to speak directly with them about this - Cam And now I'm stumped don't know what to do about this I'm looking for a way to resolve this matter and not be branded and barred from morrisons and an apology is this to much to ask
  7. Writing on behalf of partner Employment Start date Jan 2016 At time of employment a disability was disclosed at the screening process and a full assessment was carried out by the DWP access to work team who advised a footrest and cushioned adjustable chair for the sciatica. The employer employed on this basics. A year into the employment no support or help has been provided by the employer and to date no specialist chair or footrest have been supplied. The employer is a national company and the working environment is high paced, at times when the employee has been in pain at his work station he has taken unauthorised breaks to strict and his adherence to schedule has been questioned. The sciatica is nerve related and when bad can cause sever migraines. Due to lack of support there has been sickness when the sciatica has flared up or a sever migraine has been present, if the employer supported offline work when at work with a headache so the employee was not constantly starting at a VDU (visual display unit) monitor this would help however the employer has declined this. Furthermore the employer has failed to support a flexible payback scheme which other employees have had approved. Would the equality act 2010 be applicable considering the disability has been disclosed from onset and the employer has failed to provide the items suggested by DWP access to work team?
  8. Hello all I'm sorry for requesting assistance, but I have a situation which is making me lose sleep. in 2015, my company announced it would be buying another company, and the deal would close in March 2016. In Feb 2016, my manager at the time told me that following the deal, she would no longer be my direct manager, but would be a key stakeholder. My reporting line would change. Immediately after that call, I had a call with a lady who I was led to believe (and still believe will be) was to be my new manager, and she was coming from the acquired company. We discussed a role she had in mind which was of a similar level. We had a few email exchanges in March as I tried to clarify a few items, and the deal subsequently got delayed until June, then July. I have written by email and tried to call this lady for an update on my role, but I get absolutely no response. I know she is in her new role now, but I am still left hanging on. My old manager who I still have 1:1 with, recently advised me that the plans she had seen show that my new role is actually at a level below my role when I reported to her, but she assures me there is no change to my terms. I have again this week asked by email for an update as I am already being given more work from other stakeholders, and I know the top line manager for my department is aware of this addition of duties, but still neither he nor the "new manager" are responding to my requests for clarity on my future. I do suffer anxiety and take medication for it, and maybe a side effect is paranoia, but I am sensing that they are delaying telling me of my new responsibilities, just to make me desperate and grateful for any job they give me. As I have made repeated requests, and had no response whatsoever, not even a "sit tight", I don't feel I can trust the manager who would sit on the other side of the Atlantic to treat me fairly. Is this a good case for constructive dismissal? I cannot see a future now with the company. Thanks in advance for any assistance on this.
  9. Hi guys, I'm wondering if you can help. On 29/08/2015 I apparently entered some kind of toll road in London that's subject to this Dart Charge. It wasn't very clear to me at the time so I literally had no idea about it. They sent me a letter dated 16/12/2015 explaining that I needed to pay a PCN, which was £70, or £35 if paid within 14 days. The only problem is that they sent it to my old address (which to be honest is entirely my fault as it seems I haven't updated the DVLA. The only reason I have the letter is that the person living in my old house knows where I work and dropped it off yesterday) To be honest I'm expecting to just have to suck it up, but before I pay I was wondering if anyone has any success appealing?
  10. About 10 days ago I parked on a double yellow, and got booked by the traffic warden from the council. Can an empty ticket be a reason for appeal? I've had this ticket in my pocket since and by some weird coincidence, all the details except the date and traffic number came off, including the reason of the contravention (the basics such as reg number, ticket reference, date and amount are on the payment slip though which is attached to the ticket, but there's nothing on the ticket itself; might have to rub it against the pocket to get that off too ). Would this invalidate the charge, or is the photographic evidence on the website of the car parked on double yellows sufficient for them to reject the appeal? If not, is there anything to do to appeal the charge and hopefully win? I know that I was wrong, and that I'll have to pay if there's nothing that can be done , but I'd rather get this reversed.
  11. Hi, I have been suspended from work after I made a complaint about my manager, basically I had to be investigated for being late to work, on the day in question I was very unwell and couldn't get the bus due to having no money, I walked to work and was a little late. My manager sent an email to the person doing the investigation stating that I am a confrontational person and the person doing the investigation should have a witness present for their own protection. This email was shown to me and I naturally complained as it is a slanderous email and it suggests I would get violent towards a colleague. I complained to the senior manager regarding this email. The senior manager visited me and suspended me on the grounds of a complaint that came in from a member of public about a month ago. There has been no investigation into the complaint and I haven't been suspended awaiting disciplinary action. In my job I have had lots of complaints from members of the public, being a civil enforcement officer it is a common occurrence, but as complaints are usually just from disgruntled people and never anything serious, which is the case this time, I have never been suspended before. These complaints are always investigated first. I believe I am going to be sacked of spurious grounds to avoid the issue of my manager and the slanderous comments made about me. Do I walk? Do I allow the sacking and appeal? Should I escalate this with HR before it reaches any of these stages? I am unsure what to do here. Employment tribunal? Thanks for any advice you can give Tony
  12. Hi guys (again), I hope somebody can help with this. I've just got a parking ticket from Wandsworth Council (again) for being "parked in a special enforcement area adjacent to a dropped footway, cycle track or verge lowered to meet the level of the carriageway". At that moment I was doing a big removal (Ashvale Rd, SW17) and as you can see from the photos there was no chance to park my van anywhere on that road so I parked right on the kerb (it was the only place to do it). I don't feel really confident with this one but just wanted to hear what do you have to say about this. Does anybody have any suggestions for the grounds for appeal? Many Thanks Tiago
  13. In simple I set up an ad hoc business collection with RM, they failed to collect when promised, failed to collect the next day and again on the third day. At which point I asked for a refund. 14 days later and no refund has been received, no contact of any type either regarding the refund or to apologise for the lack of collection or an explanation from them and to rub salt in the wound £20 of call charges to a premium number. Had they come and collected I would of accepted these and learnt from the mistake but as we stand I am the best part of £40 out of pocket and pretty annoyed. I have slowly moved to couriers for all but international shipping over the last year with a pretty good success rate but there was about 100 orders and my car was in for repair so I figured this a good option. I guess what I'm asking is do I have any grounds for reclaiming those call costs?, Im going to email them about the non refund for non collection but won't be ringing them again.
  14. Hi I wonder if you can help, I think this forum is amazing and I would appreciate some advice please. Can a Respondent use the Henderson and Henderson argument of abuse of process (ie: you can't get a second bite of the cherry) if the claim was referred to before but only at a preliminary hearing and not in the ET1 but as a head of loss on the Schedule of Loss and was dismissed during the case management orders? (That claim went to a full hearing and I won the right to receive occupational sick pay instead of SSP.) At that first preliminary hearing the Judge told me to "put a claim in" when he heard that holiday pay was previously underpaid and this was a continuing occurence. However, the Respondent is relying on the word "dismissed" in their argument for getting the claim thrown out, even though the claim had not been advanced as it was during a preliminary hearing. (Something in my daze prevented me from telling that to the different Judge at the new preliminary hearing for holiday pay, as their barrister certainly didn't!) Also, the old schedule of loss only referred to statutory holiday pay, but I found that I was entitled to contractual holiday pay out of time to amend the ET1 (this entitlement was in my contract which I had not seen since 2002 but they disclosed it 2 days before the hearing) so I put in my new calculations in the new claim. So it is a new claim with different particulars and a different starting date and I only knew about the contractual benefits when I saw my whole contract 2 days before the first hearing during a late disclosure from the Respondent - which outlined the benefit that they had withheld since 2002. (I only got the occupational sick pay during the first hearing since it was on the ET1 as "unpaid sick pay" but at the time of filing I had only ever received SSP for some of the time I was off sick). Also, to explain why I had not seen my contract since 2002, I didn't have the need to as I liked my job, but they cut my hours recently - calling me a casual worker, which I disputed since I had regular hours for years. I hope this makes sense! Any advice (or reassurance would be great as I am representing myself). Many thanks in advance! PS: Extra information: At the first preliminary hearing the respondent pleaded” ”The Claimant's ET1 does not disclose any claim for holiday pay, whether by way of a wages claim or under the Working Times Regulations 1998. According such a claim is not before the Tribunal for determination". In response the Judge made the following Case Management order: "The claim for holiday pay appears only in the Schedule of Loss and is also unquantified. It was not included or referred to in her ET1 and is accordingly dismissed".
  15. Hi Guys I need to submit reps for a parking ticket I received. I was out for the day and while I was out one of my family members found my spare car keys and drove to the shops. When I returned in the evening I found my car parked as I'd left it in the driveway with a PCN attached to the window. I've uploaded the ticket and would appreciate your guidance on submitting my initial reps. Are there any errors in the PCN?
  16. Hi everyone Sorry to be the newbie posting only for the first time! I would really like some advice on what to do with regards to an employment situation. I work for the NHS and have 4 years accrued service. I have always been a loyal, hardworking employee, and have rapidly progressed through the ranks. I started a new job a few weeks ago, and after 2 weeks, I had burnt out and was signed off work for depression and anxiety - I've not been well at all. The role was not right for me, i.e. I could not do it. I was sent to occupational health yesterday who wrote on the report that no adjustments can be made and I should not return to that role. I've now been told by my employer that if no adjustments can facilitate my return to that role, then I can be dismissed, or have the option to resign. I have asked them to allow me to second elsewhere for a year to a role I would be happy/comfortable doing, but they will not allow it, citing that it would stop them from being able to fill the role permanently. I just cannot return there - the thought gives me panic attacks. I want to be redeployed or something. Where do I stand?
  17. I recently came back to my car to find I had a PCN contravention code "46 - Stopped where prohibited (on a red route or clearway)". I have 2 possible grounds for appeal. Firstly, I was in a bay which normally allows parking when purchasing a teicket from a machine (which I did) but there was a temporary, flimsy "no waiting" sign attached to a nearby lamppost (which I did not spot). Does this count as stopping illegally under code 46 as it wasn't a red route or clearway? Secondly, the temporary sign was high up on the lamppost and facing parallel to the road. Is this the correct way to display the sign? If not, do I have grounds for appeal? I would be grateful if someone in the know could advise me. Thank you
  18. I bought a train ticket off the Southern Website with my 16-25 Travelcard, for £6.55. Today when I arrived at the barriers at Victoria, the inspector asked to see my Travelcard and I produced my photocard. He asked where the rest of it was and I didn't know what he was talking about - I'm fairly certain that when I bought my travelcard that was all I got. He issued me a £30 fine and asked me to pay £15 on the spot, but as I had no cash on me he said I could pay it all at once in 21 days. Now he said that if I can prove that I wasn't given the other half of the travelcard then I'll be able to appeal. I'm 99% sure that I was never given the other card but I'm not going home for a few days so I won't be able to check for sure until then. So assuming that I do actually have this card somewhere, would I have any grounds for appeal? I mean at the end of the day; I bought a ticket and whilst I may not have had the whole travelcard with me, surely the photocard proves that I have one. I feel like the fine's pretty unfair, I've done nothing wrong. I'm sure it might say in the small print somewhere that one card's not valid without the other, but he was well aware that I own a travelcard, seems like he's just splitting hairs. I've been using that travelcard for a few months now and usually no one checks it or if they do they've had no problems with it. Cheers for any advice.
  19. I'll try to keep this brief. I have been tested by a specialist and a hospital to have carpal tunnel syndrome in both wrists. I have been getting sick notes regularly and put on a waiting list for the necessary surgery, and have been prescribed Amitriptyline, which clearly advises not to operate machinery if drowsy. At a ATOS medical I told the Gestapo doctor that I felt it would be dangerous for me (carpenter) and others if I have limited feeling in my hands and are drowsy, Now I'm no doctor but I can see that being a liability. ATOS concluded I was fit for work. I naturally appealed the decision, whilst still receiving reduced benefits. The tribunal agreed with ATOS, and my benefits were stopped, I had carpal tunnel surgery on my left hand a few months ago, I decided I needed to feed my family so I started working, 3 weeks ago I was cutting skirting with a table saw (which is a circular saw, bench mounted) it was very early and I was a bit drowsy. I partially amputated my index finger and was rushed to hospital. 2 surgeries later, I'm now looking at a lengthy healing time. 30 years as a carpenter this is the first tool related injury.. to make matters worse I've been playing guitar for 42 years too.. Can I sue ATOS?please any help would be appreciated
  20. Hi Folks, Apparently PATAS only allow six grounds for appeal - otherwise they throw out your appeal automatically. Have searched the PATAS website but cannot find any info on this. Can anyone provide a relevant link? Cheers, Art
  21. hi i need some advice: ive had parkinsons for 13 years now and have been on a 3 year renewal on my driving licence.Last july i sent off my renewal as usual and heard nothing but 3 letters over the next 8 months saying they were dealing with and i could continue driving.Then last week i got a letter saying they had revoked my licence on medical grounds. I rang the dvla and they say it was revoked because of a report they received from my consultant,i asked for a copy and they said i have t write in (ive done this).I also made an appointment to see my consultant who hasnt seen me for ten years!! its allways a nurse specialist i see. when i turned up for the appointment he wasnt there:-x and i saw one of his minons who couldnt find a copy of his report and tried to fob me off when i demanded a copy. my parkinsons has never affected my driving and i ha ve 9 years no claims how can the consultant recommend i dont drive when he hasnt seen me for 10 yrs. ive had a look at the dvla medical requirements and as a far as im concerned i meet them. i live in a very rural area the nearest shop is 6 miles and theres no public transport.without my dl i would have to move house. i dont know what to do next. sar sent to nhs and dvla
  22. They are probably going to get rid of me but could I take them to a tribunal over this. The facts are: asking me to get a fit note 4 months after the time i had off (they had never asked me for a note before as they had my medical records) They tell me they lost my medical records and that's why they need a fit note for that period. They accussed me of not contacting them during a 4 week period that I had a fit note for. I have evidence of that accusser responding to my emails regarding illness I was told I had to resupply medical records or face gross misconduct I was forced to write an letter regarding my hobbies and what I do outside work. As if I am going to do something that will make my disability worse at any point. Where's the common sense. My manager was overheard talking to other members of staff that I was lying about being disabled after I had produced medical evidence they requested from my doctors They know my disability is worse in the morning. I told them again in the morning and they sent me an investigation/disciplinary hearing letter later that day telling me I had to come in the next working day in the morning regardless of how I feel or face gross misconduct. And without permission to bring some representation or help. I have been covered by fit notes this month I needed off and anytime before. My doctor told me it is unfair to ask me for a note 4 months later. I have been persistently ignored by my manager and hr to information requests and health concerns. When they do reply they don't answer my questions. They still keep ignoring my requests for info on any SSP and if I can claim it. If I can't claim it I will have lost £272 in ESA payments as they can only go back for a certain amount of time. Generally having no compassion when there has ever been contact. My doctor telling me their conduct has exacerbated my stress and disability. What should I do? I would prefer to keep my job.
  23. Good Morning....... Wonder if anyone can give me any information or help as I am in a sticky situation. I will try and keep it short. Basically just over 2 years ago I had an accident at work doing something that I was asked to do. I started work as a teamleader over 7 yrs ago at a distribution warehouse. I was off for six weeks as I did extensive damage to my ankle tendons etc. They did'nt pay me full pay so I put in a claim and won. Now over 2yrs later the situation is this. We have just merged with another company. They are resigning all job roles on the one to one they said that I would be running the goods in area with all containers coming in. I said that I had no problem doing this but I would not be able to stand for 8hrs a day on my ankle, I am due and operation and it starts to swell after standing for long periods of time. The role that I am on at the moment is great for me as I can sit and stand as I require. I asked if I could stay on that role and they said no it will eventully be automated, which is funny because they are moving one of the other guys from the new merger team into my role. They basically did no belive my ankle was that bad and sent me to see the work nurse, she confirmed and they were still not happy with that and sent me to occupational health over an hour away and sent me in a taxi. When the report came back I was taken into the office and they said they were sending me home as the report says that it is unstable and I require a 15 minute sit down rest every hour. Went back for a meeting and they said that they would need to create a position for me and this would be a worst case scenario, been back to two meetings hearing the same thing asking if I would work in Slough or Sheffield which is 4hrs away, then last week I went back for another meeting and the HR woman was gunning for me saying that they could not find a job to create and the only option would be to terminate my contract on medical grounds. How is this? I have not had a day sick in the past two years. I think they are seeing this as an oppourtunity to get rid of a teamleader as they are in the middle of a restructer. My supervisor was my witness and in the recess break he said say you need to go you have had a phonecall, because otherwise they would have chopped me there and then. Just got a legal rep and he says that they are not following the correct procedure as they have not made any reasonable adjustments. Just put in a formal grievance against them for breaking the employment laws. My question is what are my chances? If it goes to tribunal will I win? I have done nothing wrong. I have been home for the past 4 weeks because they sent me. Any help or information would be well appreciated.
  24. Hi, A few years ago I put in a claim for my overdraft charges to be refunded. Like a lot of other people my case was frozen during the OFT ruling and then null and voided by the judgement. For a large portion of the period 2002 - present I was suffering from ill health and claiming benefits, punctuated with sporadic periods of employment. In 2006 this got worse as i suffered the loss of a family member which cause me to have a nervous breakdown. The only money I had coming in was my benefits, and my overdraft charges were paid with a portion of my state benefits (which is just what the law says I need to live on). Because of this I have fallen behind with rent on more than one occasion and actually had to move because I couldn't afford the rent. Any paid employment wages I got was swallowed up by my overdraft fees. I am still about 2 months behind with the rent. My question is what is the best way I could I word this in a hardship letter? Thanks in advance.
  25. I am a support worker working with nhs for 7 years. I have had numerous sickness with depression, for which i have had for 30 years, and a back problem. I returned back in march on a staged return and at mt sick review was put on stage 2. I have had no sickness with these 2 debilities since then. I did have some sickness with irritable leg syndrome. I was put on strong medication to help this, but it only caused my insomnia. I had about 4 or 5 days sickness with this. This problem is now resolved through myself researching it and finding out it was a magnesium deficiency. So no sickness with this problem since end of june. My other sickness which is about 3 days is due to my menopause symptoms. Periods stopping, then starting heavily. My sickness since march has improved a great deal, but my manager is totally disregarding this. She is taking my sickness for the whole 7 years into account. She also said we should have been at stage 3 over a year. But because she kept sending letters to my ex's house i never got them until too late. I corrected her on the address numerous times and still she failed to get them to me correctly. It turned out to be a mistake by a new office worker and they did in fact have the correct address all along. I am appealing against the decision on the grounds that my sickness has improved, a great deal over the last year, and also this is my first time at stage three. Other members of staff have been at stage 3 numerous times and never terminated. This is the very first time in my department that this has happened. Any advice anyone can give me on winning my appeal with be greatly appreciated.Thanks x
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