Accident at Work

[honeybee13]

I'm not sure they have to call in ACAS, unless it's in their own procedures, but it would be good practice. I'm pleased Mrs S is starting to see the funny side.

 

HB

[joesoap]

Hi HB, I'm not that sure either but their Grievance Notes are in accordance with the ACAS Code of Practise. Perhaps I better have a good read , Lol.

[honeybee13]

I find if you have an insomnia problem, reading that kind of stuff seems to cure it . HB

[joesoap]

I find if you have an insomnia problem, reading that kind of stuff seems to cure it . HB

 

I agree. Going to try an read up anyway just in case I miss something.

[joesoap]

Mrs S has received another letter from the (former) employer informing her that a meeting has been set up for next Tuesday when a senior manager will answer her appeal. Mrs S has been off with work related stress since last November and has gone down - hill as one would expect.

 

Have written to them today advising that she is not fit enough to attend any meetings and has re - iterated once again that she will not be withdrawing her notice and that all Grievances should be answered in writing. Her last day should have been 26/3 but they've just ignored it and she's still waiting for her P45. She was advised that her Company Sick Pay ceased on 26/3. Wrote back advising that if they would not accept her resignation that's there problem so Company Sick Pay should continue.

 

As you can imagine, Mrs S is not a happy person and neither am I as i haven't got the wife I had last year!!!

[honeybee13]

Hi Joe. Of course she can't go to the meetings. Clearly they don't understand what stress does to someone.

 

They're still struggling to understand 'I resign' then?

 

Tell Mrs S that I understand just what she's going through and that my OH felt exactly as you do at the time. But she will come through it and be happy again. Just don't let the swines push her around.

 

My best, and a hug to your poor wife. HB x

[joesoap]

Thanks for your comments honeybee, very much appreciated. Been away for the week - end with the lads so I couldn't comment earlier.

 

This company does not know what it is doing or it is taking me seriously. It was Mrs S's pay day on Friday so before I legged it up to Ayr I went on - line to check how much had been put in the bank as her pay slip hadn't turned up. Full pay had been deposited. Couldn't tell why until the pay slip turned up, I don't understand it. No stat sick pay, no company pay, just Full Pay as if she was working.

[joesoap]

Partial Result

 

Well, got a reply after my "semi - threatening" letter and we've got a partial resul. Now waiting for the result of the appeal then depending on the outcome, the s**t we've got on the company may just hit the fan. This is part of the reply.

 

"As your current state of health is one that would not allow you to attend a Grievance Appeal Hearing, I would like to offer an alternative solution in order for your points of appeal to be considered by Joe Bloggs who has been appointed as the appeal hearing manager. I would like to propose that Joe Bloggs conducts the grievance appeal via letter, by him reviewing your points of appeal and then writing to you with any questions he may have in order for you to respond in turn. Joe would then write to you with regards to the outcome of the appeal.

I requested this in MY letter!!!!!!!!

At the time of your resignation, you were absent from work due to ill health and also submitted a grievance, in order to ensure that you were given every possible opportunity to return to work, I felt it not appropriate to accept your resignation as the desired outcome of the company has always been for your successful return to work, at this time you were given the opportunity to reconsider your decision to resign from.

Mrs S told them at the first meeting she would not withdraw her resignation!

Within your letter to me you maintain your wish to resign and, it is with regret that I now accept your resignation. It is my understanding that on 16th April you received a full salary payment, I can confirm that your resignation will take affect from that date, and you will be paid in lieu of your notice period of 1 month.

All monies owed to you including 15 days accrued holiday entitlement will be paid to you within the boundaries of the normal payroll process. Following the payment of your final salary, your P45 will be generated automatically and forwarded to you for your records.

 

Your Company Sick Pay entitlement drew to a conclusion on 26th March 2010, and rather than receiving your Statutory Sick Pay entitlement, you received a full salary payment in April as detailed above.

I do hope that your health starts to improve in the near future.

 

 

I am by nature quite cynical at times and what they've done here with her pay is a sort of "pay off" (br**e) as they knew they were doing wrong with her resignation etc.

 

Will keep you posted regarding the appeal.

Edited April 22, 2010 by joesoap
Grammar

[joesoap]

Can these people not do nothing right. Sent an Insurance claim form for Head Office HR to complete. Mrs S has been off sick and covered by med certs from 9/11/09 and they've entered the sick beginning day as 1/1/2010. Perhaps the local HR have been covering up! In addition, gave them a claim form to complete which covered an earlier absence (when she had the accident) 7/8/09 to 20/9/09 and they've put the same start date, 1/1/2010. I wonder.

[joesoap]

So we're still rumbling on. Appealed against the Grievance and surprise surprise, the "Senior Manager" decided that he could see nothing in the previous information to make him change his mind. We found a couple of anomalies in his reply and decided to sit on them while Mrs S contemplated her next move. She did want to move on but another part of her was saying "take them to an Employment Tribunal". She really didn't know what to do but she decided that she might regret it forever if she did not; she has, under Constructive Dismissal.

 

We filled the ET1 out and forwarded to the ET at Newcastle on Tuesday. Mrs S received a letter back yesterday stating that her claim had been accepted and allocatede a Case Number. Now I thought that the Tribunal had a good look at the claims before deciding whether or not to proceed; or do they accept everyone's claim, does anyone know?

 

Copies have been sent to the former employer and also to ACAS. Just wondering if the "quick pass on" augers well for Mrs S or is it standard procedure. I would imaguine that ACAS will be in touch. When, who knows?

 

If anyone can give any insight to the ETS it will be most welcome.

 

Joe.

Edited July 24, 2010 by joesoap
Grammar.

[elpulpo]

All the ET's response means is that you've filled out the ET1 out correctly.

What'll happen now is the chairperson dealing with the case will have a look and decide how things should proceed- does there need to be a pre-hearing review, case management discussion etc.

Probably be a long while before ACAS get in touch, they tend to be snowed under.

Hello again, BTW.

[joesoap]

All the ET's response means is that you've filled out the ET1 out correctly.

What'll happen now is the chairperson dealing with the case will have a look and decide how things should proceed- does there need to be a pre-hearing review, case management discussion etc.

Probably be a long while before ACAS get in touch, they tend to be snowed under.

Hello again, BTW.

 

Yes, hello once again EP, thanks for your reply. Thought things might have been sorted but ex - employers are really being bloody - minded. However, the ET have contacted the Head Office and there is a possibility that they didn't know about everything that was going on; they do now.

 

Thought I was being a bit silly, it's just that someone had given me the impression that if you get a case number then the ball has started rolling, not to worry.

 

As it happens, ACAS is on the ball. Received a letter off them this morning regarding the case and a conciliator has been delegated and has written to the other side. Mrs S has of course agreed to ACAS trying to reach a settlement. Any idea what happens if the other side don't?

[elpulpo]

Then presumably it progresses to ET.

[honeybee13]

Hello again Joe. This is dragging out, isn't it? Maybe now they realise you're playing hardball they'll take some notice.

 

Please continue to keep us posted.

 

My best to you both.

 

HB x

[joesoap]

Hello again Joe. This is dragging out, isn't it? Maybe now they realise you're playing hardball they'll take some notice.

 

Please continue to keep us posted.

 

My best to you both.

 

HB x

 

Hi Honeybee

 

Yip, 12 months (give 12 days) since Mrs S had the accident!!!

[joesoap]

Surprise, surprise. Ex employers have engaged an employment solicitor to fight its battle. The cheeky mare has even asked for an extension to respond because he's going on holiday. In one breath he's telling the ET that it's a complicated case and in another he's saying he hasn't read the file yet, what the hell!!!!!

 

Mrs S at first had no objection to the request as she has co - operated all the way through but thinking now she should raise an objection.

[JonCris]

In you PI claim are you also suing the property occupier/landlord as they will have occupiers liability

[joesoap]

Got a reply from the Employment Judge. He has granted the solicitor an extension to make a response but not what he was after. He's on holiday from 3/8 through to 23/8 but wanted an extension to 10/9. He's given to 3/9!

 

EJ also says that he notes his (the solicitor) difficulty but the respondent is a large organisation and it's surprising that its reserves are so slender that one person's absence causes such disruption.

 

I think he's taking the "p" out of the ex - employer.

[honeybee13]

Good for the EJ. How is it going preparing Mrs Soap's case, Joe?

 

My best, HB x

[joesoap]

In you PI claim are you also suing the property occupier/landlord as they will have occupiers liability

 

Hi JC. Mrs S didn't persue the PI. A leading firm didn't think it was worth their while, not quite the words they used but I knew what they meant. They weren't happy that Mrs S wasn't a union member. When the ET bit is finished she might just go back to the beginning and bash in a claim.

[joesoap]

Good for the EJ. How is it going preparing Mrs Soap's case, Joe?

 

My best, HB x

 

Hi HB

 

Going OK. Kept everything in chronological order regarding memos and letters that were going to and fro. Also kept a timetable of events. Just putting them into a more "readable" bundle. We're obviously hoping that ACAS is as far as it goes but with the ex - employers track record, who knows?

[joesoap]

Just noticed from last week's Mail........."Ex - employer up for sale"!!

[joesoap]

Mrs S spoke to ACAS yesterday. Asked if she was interested in conciliation; she's already told them that she is. ACAS said that the response was due today. We had already told them that the EJ had granted an extension, it appears no - one has told ACAS. They also advised Mrs S to have a word with CAB. We didn't realise that there is no face to face discussions, everything is done over the 'phone. Can't say I'm pleased about that, some statements need explaing. Ms S rather low, ATOS medical Thursday morning. Can't believe it's now over a year since she had her accident.

Edited August 18, 2010 by joesoap
additional text.

[honeybee13]

Hello. Thank you for the latest update. You poor things, good luck with this.

 

If Mrs Soap's ATOS medical is today, have a read of the Benefits forum if you can about the 'meidcal'. Whatever she does, she musn't put a brave face on her problems. Spell out what the effects are on a day to day basis and beware of questions about watching the TV - means you can sit down for a long time - or going to the supermarket - means you can walk fine.

 

She may not be awarded enough points anyway, because the LiMA system is weighted to do that, but there is an appeals process. I hope you don't have a problem, but if you do, start a thread on Benefits.

 

My best to you both, HB

[joesoap]

Hi Honeybee.We knew what was going to turn up today (I worked for the DSS/Benefits Agency for 30 years) and had been involved with Medical Examinations (Pre - privatisation). She was asked, "do you watch television"? to which Mrs S said "no". There were no heroics involved and certainly no brave faces. Asked if she shopped to which brought another no for an answer. Sit in the car while Mr S does the shopping. In the lap of the gods but obviously the appeal is there if required.

 

Should mention that they kept her waiting 35 minutes past her appointment time. Must have been testing her resolve.....certainly tested mine.

 

Mrs S just wants this over and done with ASAP.

Edited August 19, 2010 by joesoap