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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
    • Come and engage with homelessness   Museum of Homelessness MUSEUMOFHOMELESSNESS.ORG The award-winning Museum of Homelessness (MoH) was founded in 2015 and is run by people with direct experience of homelessness. A very different approach. If you're in London you should go and see them
    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • We have finally managed to obtain the transcript of this case.

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New manager problems


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well, its over --or at least the grievance interview. I was very fortunate to have a senior manager as my companion and his assistance was invaluable.

The tone of the meeting was very professional, not exactly friendly but not hostile. They treated me with great respect --it was nearly two hours and the correct questions were asked by me and them

 

I have no idea what the outcome will be--if I were to be honest I have a tiny bit of hope --but I do know I made the right decision to raise the grievance. It has been unbelievably stressful-- beyond belief-- but I would be more stressed if I allowed this person to destroy my career and character.

To all of you who supported me I really cannot say thanks enough. Your words of wisdom and encouragement kep me going when things seemed darkness. Two lines come to mind

 

THE KINDNESS OF STRANGERS

and

ALL THAT IS NEEDED FOR EVIL TO PROSPER Is THAT GOOD MEN DO NOTHING--Maybe not exact quote but your kindnesses and advice have meant more than you will all know.

Will get the result within 10 days. Expect to appeal--I am a realist but I feel I did myself proud today. Very calm, measured and that was due in no small part to your support

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  • 2 weeks later...

well --got the notes of the meeting and they were 50% incorrect so spent yesterday correcting them with the aid of my companion. Proof if proof were needed that you MUST take a companion into the meeting with you. My companion kept excellent notes and as I had prepared an agenda for the meeting I knew exactly what I had discussed. I would recommend an agenda to anyone who finds themself in this position.

I referred to my agenda if disrupted by questions ( perfectly legitimate questions) and put a red dot at the side of the question which was current at the time of interruption.

 

One thing I noticed in the notes--- the errors in the HR notes were mainly attributable to the person from HR not being familiar with my job. She used words which made no sense and could not differentiate between "did" and " DIDNT". If she had understood my job she would have realised they made no sense. Do not get me wrong--she was a lovely person but simply did not understand my job. We used technical speak which she just guessed at--we had to use the jargon its how the job is. The independent manager was excellent as he used to do my job (similar) but the HR person was out of their depth so be aware of that.

To continue with the problem -the new manager is continuing to bully me. He has now taken over the allocation of company technicians so I can only access them through him. HE has already allocated one of them to my junior colleague with no reference to me.

He is now back peddling-- doing what he should have done at the beginning and is collating information about the accounts--the key players--areas of business etc. I find it wearing but will continue. I can see it ending with me leaving but I will have my day in court--ageism.

Meanwhile I continue to work hard and look forward to hitting my targets as usual8-)

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He has now taken over the allocation of company technicians so I can only access them through him. HE has already allocated one of them to my junior colleague with no reference to me.

 

Do you have any documentary evidence of this? If not, I suggest that you get some. Perhaps you could send an email (print and keep a copy) asking the reason for this change and/or whether this is a temporary or permanent change.

 

Also, just in case, you might want to make sure that you have copies at home of every document that may be useful to you in any future potential claim.

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Keep an eye on the time limits. In order to use the phrase below in an age discrimination claim to an Employment Tribunal you would need to initiate the claim within 3 months less 1 day from the date that the 'tribute' appeared.

You shouldn't allow any delays caused by the the Grievance procedure to prevent you from claiming.

 

" and perhaps as one of the "old school" she has found the move towards the new model more of a challenge than most. While she has great existing relationships with her customers,she has appreciated that to thrive in this "new world" she had to completely change her outlook and approach"

 

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I would say you could still use the 'last straw' scenario at an ET and this event would form part of a chain of events. Would you agree, Mariefab?

 

MM, I can't remember if you've spoken to the EHRC [equality and human rights people] about this?

 

HB x

Illegitimi non carborundum

 

 

 

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  • 2 weeks later...

The reason for refusing my grievance.

I do not own the accounts

They have engaged someone to predict my accounts for this year and I will apparently hit target whereas my colleague will fall far short so he is to be given my main account to help him balance. Thsi has never been custom or practice in my company and the balancing is only taking part between us. Not between all sales people.

I did not change my managers words about me in the company magazine therefore I accepted them.

His comments about my colleague being the

best are not intimidating nor insulting nor derogatory

I am appealing the decision so any advice folks?

Edited by malinmaid
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Hi Malinmaid. I haven;t posted on here much lately because my mirror image of your case is hotting up and i have to be a bit careful just in case someone who shouldn't reads this site. Unlikely but it has happened to other posters. Don;t mention this site to anyone at work - its your haven then.

 

I say mirror image because you are being bullied. What has happened to you - the bully's response to your SMART plan and cc'ing in Uncle Tom Cobley and all, - that's what finished me. Its known as a final straw incident, after a series of bullying. So, now you have had two humiliations, and that is quite enough now for you to go to your GP and tell him/her what has been going on and getting it down officially that this whole upset is making you ill. And to be signed off and out of the den of inequity, where the bully cannot get you.

 

I am about the same age as you, been a professional all my working life, loved my job, then came the bully four years ago. I stuck it for three, then snapped and did something about it. Today I cannot work, have been medically retired, and suffer with PTSD. Let me just tell you that some one will be paying big time for this and I am fully armed and about to attack in that direction!

 

You need to sit and have a good think about how it would be if you stayed in this company which is changing - I note your comments about "new managers" - whilst this is clearly a new manager who is a bully, there seems to me that there was a whole new style of young managers that I could stomach less and less towards the end of my working time. And if i am honest I think it was partly their inexperience but a lot to do with my age. They either felt threatened by my experience (i never wanted to a be a manager ever - no threat to anyone) or I found them very ignorant in certain areas but felt unable to help them out without being patronising. After 30 plus years in my field I knew my job and could do it with ease. It was the sort of job where youngsters struggle initially because it is all about confidence - the sort that comes with age and dealing with people from all walks of life for most of your life!

 

You are doing the right thing by bringing this greivance. But what i would also say to you is to make sure that next week you get together all copies of documents (e-mails etc) and get them safely out of the office. You haven't made up your mind what to do yet, and you can't until the grievance gets going. But it never hurts to prepare yourself for all eventualities, and having a mountain of evidence to hand, and a record of how ill this is making you will be most useful to you should you decide to take one option i can see coming your way. Because you know, if this person is a true bully, (and if they can;t make a hearfelt genuine apology to you that is what they are and you will know) they will not change, and you will enrage them by doing this. But do it you must as this person is out of order.

 

Oh, and please do not tell me this is not affecting you mentally. Of course it is, you are currently dealing with the situation, but don't tell me it doesn't make you stop eating, smoke more, cry, feel sick, get sweaty, on edge all the time. All of these things are stress which helps us cope but beware of the stress turning on you and shutting you down like it did with me.

 

I'll keep looking in to see how you go and ask me anything you like about all this. Its amazing how identical your situation is to mine 18 months ago! Fingers crossed for you for Monday.

 

Thanks for your advice. I was slow in responding because to be honest your story terrified me. I didnt know if I could continue as you have done.

Anyway--result of grievance now in -not good. Independent manager has criticised the new managers management skills but still says the account must go. The ageism has been swept under the carpet by saying I agreed to publication . I asked him to change the words-he wouldnt so what could I do.

Am now in the process of taking legal advice. He is still undermining me. Dealing directly with my accounts, without reference to me and cancelling meetings /calls at the last minute.

I know I had no choice but to challenge him but boy oh it is hard

m

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Hi MM. I know it's hard, but I think pursuing this is the right thing to do, sadly. They seem hell bent on a path that doesn't seem fair to you.

 

I was bullied at work and didn't take action when I should have and I say hang on in there. Good for you.

 

HB x

Illegitimi non carborundum

 

 

 

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Hi MM. I know it's hard, but I think pursuing this is the right thing to do, sadly. They seem hell bent on a path that doesn't seem fair to you.

 

I was bullied at work and didn't take action when I should have and I say hang on in there. Good for you.

 

HB x

Thanks honeybee--he is now visiting my area without telling me and I think quietly visiting my accounts alone. What comes next?

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had 1to1 with his yesterday -first thing he said was the account transfers-- that's that. No waiting for appeal. We had further conversation and he then told me he could make my life a misery by managing me in such a fashion --weekly call reports--evaluations which I would fail and then he would get rid of me if he wished.

Got an email this morning 6.51am -I was cc'd-- advising other colleague that account was transferring immediately. This gave me a problem as I had technicians booked to visit today. What to do? If I went ahead I was in direct contravention of his instructions -if I didnt go I would annoy the clients. I phoned him and he told me not to be ridiculous--he meant 1st October. That was immediate!!

He is really keen to make my life a misery

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Hello again. I'm sorry you've got to this stage. I'd like to know if the guys think you're at the constructive dismissal stage now.

 

If so, are you ready for a fight? You need as much of this in writing as you can get your hands on and to keep at home. I'd be inclined to email to confirm his instructions if you haven't already, because that way you have something to refer to later if you need it.

 

If you can, I would record any future meetings on a mobile phone or other gismo.

 

HB x

Illegitimi non carborundum

 

 

 

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MM, I think I might have got ahead of things in my last post, but I'm not clear whether you need to exhaust grievance procedures or if you could just walk out for constructive dismissal. Of course, as you know it's hard to prove, so if there's any other way it would be better to take it. It also makes you look more reasonable if it does come to an ET.

 

I hope the guys will be along later. For what it's worth, I've been unable to get onto the forums this evening and only managed it just now by following a link in an email CAG sent me with your post, so people may be a bit thin on the ground.

 

HB x

Illegitimi non carborundum

 

 

 

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  • 10 months later...

Not sure if any of you following this still--it has indeed been quiet. Just to let you know and in case anyone else is suffering as I did, the manager is now currently being investigated by his superiors after the most senior staff member in his area resigned telling the powers that be just how hopeless this guy is. He was extremely successful personally in the company , to the extent that both the Managing Director and the Sales Manager phoned him to beg him to stay--they offered him whatever he wanted but he refused citing the BULLY as one of the reasons. He highlighted the favouritism, the bullying and actually asked what the bully actually did!!!!!!!!! Bully is now backpeddling furiously-conducting 1:1 with his sales force and handing over unearned credit to those he is trying to schmooze!!!We suspect he is the subject of a capability hearing himself so my advice is keep going-be clever and hang on. Out of his 9 Sales Force 6 refused to give him a 360 feedback which combined with the most senior sales leaving seems to be the beginning of the bully's downfall. Will keep you posted

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Hello again and thank you for updating us. This sounds rather promising for you and may give hope to caggers in a similar situation.

 

Hang on in there, I hope it pays off. I look forward to hearing that justice has been done :).

 

HB x

Illegitimi non carborundum

 

 

 

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