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    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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urgent info needed by the morning pls


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hi all i no the answers to some of my questions but i was just after clarification asap.

 

im writing on behalf of my husband as he is not very computer literate!. Il give you the lowdown below:-

 

Husband was off for 3 weeks due to bad back spasms (hes on his feet all day in his job) returned on a monday after keeping said employers up to date with phone calls and sick notes.

 

Monday morning i went to my gp after suffering all weekend with tummy problems gp sent me straight up to a & e to be seen by a surgeon, so called husband to come home from work approx 12 midday, on his shift pattern he only had the 1 day to work before being on his rostered 3 days rest days.

 

husband due in work on the friday same week for a week of lates at this point i had been in hospital for 5 days, i am discharged from hospital at midday friday, husband rings work to inform them that he will be taking emergency leave as i am his dependent, i am at this stage unable to walk wash or take care of my basic needs,

 

and also take care of our 5 children as i am unable and believe it or not we have no family or friends to speak of that would even take care of 1,2,3 or even 5 all together, our family is just the 7 of us.

 

at this point hr manager was not available but had left a message with acting supervisor to reiterate he would not be in for his 7 day shift of lates, hr manager has since left an email, (read out over phone by supervisor) that IF he needed friday off it would be unpaid(no problem) and if he was to take more than 3 days off he would be summonsed into the office on these emergency leave days for a "chat"

 

today same hr manager has left another voicemail, saying that she was aware that husband rang up on friday and needs to know that he will be coming in for his shift tonight 4.30pm start and.... they need him in because they are short staffed.

 

so husband has rang in again hr manager is not in she left at 4, and stated yet again that he would be off for the full week of his shift.

 

are u still with me lol....

 

so were aware of the right for reasonable time off to deal with emergencies of a dependent, but we are seeing this as harrasment and stressfull and very much detrimental to my recovery, where does he stand soem clarification would be great, sorry for the extra long post but i no u lovely caggers like as much info as possible, kind regards

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Hello there. Do you have a copy of your OH's contract or particulars of employment? It may well cover absences of this type.

 

If you do have information like that, it may help us to advise you.

 

HB

Illegitimi non carborundum

 

 

 

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not to hand hes been there 8 years and weve moved 4 times in that 8 yr period lol, but hes more than sure theres nothing untoward on it that wud restrict him from taking emergency time off/parental leave etc, he says the parental leave is to national standards etc sorry cant be any more specific the only other way would be to get one off hr

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I don't know if this will be helpful for you. I found it on the directgov website.

 

'In many cases you have the right to take time off work to deal with an emergency involving someone who depends on you (sometimes called compassionate leave). You can’t be penalised by your employer for taking the time off, providing your reasons for taking it are genuine.

 

Your right to time off for dependants

 

If you are an 'employee', you have the right to unpaid time off work to deal with emergencies involving a 'dependant' – this could be your husband, wife, partner, child, parent, or anyone living in your household as a member of the family. A dependant may also be anyone who reasonably relies on you for help in an emergency, for example an elderly neighbour living alone who falls and breaks a leg and you are the closest on hand.

 

 

 

 


  • Check your contract, written statement of employment or company handbook for details of the policy on time off for dependants and compassionate leave.

  •  

     

 

HB

Illegitimi non carborundum

 

 

 

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cheers honeybee as i thought!! its the phoning up badgering for him to come into work and basically stressing him out,he just feels there gunning for him and want him out, even though iv told him they cant sack or make him redundant over this,

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Indeed they can't sack him, but make absolutely sure that he has all the answers ready in terms of whether it was necessary for him to take the extended time off. What I mean by that is that whilst there is a legal right to take time off (unpaid) in an emergency, it only serves for as long as is necessary to deal with the immediate problem. Therefore, if there is absolutely no alternative to him being there, then the time off lasts as long as necessary, but if there are other provisions which could have been made, then longer term absence might be deemed unreasonable.

 

That isn't to take anything away from your obviously distressing situation, just that some employers, and it sounds as if this may be one of them, can ask some rather awkward questions!

 

Get well soon, and reassure your husband that he cannot be disciplined over this as long as everything is reasonable in the circumstances.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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look at www.acas.org.uk for your employment rights,

so sorry you feel isolated and family and friends none, now you have a friend, me, god bless you all.:razz::razz:

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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lol thanks sidewinder ye im gonna copy my discharge letter and my sick note off the hospital (even tho i dont work) we thought it would be better to pre empt(think i spelt that wrong lol) the situation coz they are very funny there, wev got nothing to hide and if they want my medical notes to prove it then they can have it im not bothered, if need be il get a letter off my doctor to state that i was in no fit state to be left on my own or to take care of my own basic needs or those of my childrens my medication often leaves me knocked out ten minutes after taken and not to mention the severe sickness that occurs when wearing off. we seriously do not have any family my husbands parents have both died and i do not deal with any of my family due to harrassment, and mental and physical abuse. our tru friends all work and live some distance away and would offer to help but a night shift that ended at 2.30 in the morning then 30 min traveling time, plus husband doesnt drive so no means of getting 5 kids to anyone and picked up also, sorry for long rant it just pees me off haha

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thank u totiesquoties very kind of u, just goes to show that any parent that gets unwell (especially a mum) can throw total chaos into the mix without the threat of work calling everyday trying to push OH back to work when there is no way he could leave me alone with or without the kids x

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i do hope acas can help, they have helped us in the past with deifferent things, many companys seem to have the attitude these days you are just an inconvenience if you are off, unfortunately many of them are ruthless, all they see is pound notes, not people, all the best t.q.:razz: xx

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totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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well this compnay certainly is all of the above there a multi national company throughout the uk, as an employee u could be laying in hospital half dying and still stage u for being off sick, sick note or no sick note, and for the minority of people who might be reading this and thinking she cant be that ill if shes on here(im in bed on the laptop) having a break in my sickness as long as i dont move im ok lol

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hi all just an update for u, that i could do with some advice on pls, OH rang his manager this morning to reiterate for the 4th time he will not be in for the remainder of his shift that finishes on early hours friday morning, then thus giving him 4 days rest days and return to work on tuesday next week for another week of shift so he notified manager that it would be a week today he would be returning,

 

manager stated that she couldnt allow him anymore time off 2-3 days off were sufficient OH stated 2-3 days is not deemed suffient for someone who has just spent 5 days in hospital and cannot do anything for herself or our kids, she then proceeded to ask about other people who could help, OH stated no family members/friends etc, this is where it gets interesting she suggested our 15 year old daughter look after me and her 4 other siblings so he could return to work, so my husband stated that not only was it unsafe for our 15 yr old daughter to be minding our 4 other children 3 of whom are 6,8 and 9 but also thinks it would not be legal (i no there are young carers out there that do it) im fuming to say the least but at least my husband kept his cool and got his point across, so were assuming that this now leaves him in the position that as manager has not granted more time off that it will now be unauthourised absence and that is a sackable offence, where do we go now??

 

I was thinking fight fire with fire and start ball in motion for a grievence letter any ideas peeps??

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I'm afraid that the manager is correct in this instance.

The right to time off for dependants is covered by section 57A of the Employment Rights Act.

 

57A Time off for dependants.

(1)An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee’s working hours in order to take action which is necessary—

(a)to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,

(b)to make arrangements for the provision of care for a dependant who is ill or injured,

©in consequence of the death of a dependant,

(d)because of the unexpected disruption or termination of arrangements for the care of a dependant, or

(e)to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.

(2)Subsection (1) does not apply unless the employee—

(a)tells his employer the reason for his absence as soon as reasonably practicable, and

(b)except where paragraph (a) cannot be complied with until after the employee has returned to work, tells his employer for how long he expects to be absent.

(3)Subject to subsections (4) and (5), for the purposes of this section "dependant" means, in relation to an employee—

(a)a spouse [or civil partner] ,

(b)a child,

©a parent,

(d)a person who lives in the same household as the employee, otherwise than by reason of being his employee, tenant, lodger or boarder.

(4)For the purposes of subsection (1)(a) or (b) "dependant" includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee—

(a)for assistance on an occasion when the person falls ill or is injured or assaulted, or

(b)to make arrangements for the provision of care in the event of illness or injury.

(5)For the purposes of subsection (1)(d) "dependant" includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee to make arrangements for the provision of care.

(6)A reference in this section to illness or injury includes a reference to mental illness or injury.

So, it allows for time off to make arrangements for care but not to allow the employee to provide the ongoing care themselves.

In your case, I understand that it isn't possible for your husband to make other arrangements for someone else to provide the necessary care. However, your husband's employer can refuse permission to allow more than a few days.

 

Are any of your children under 5? I ask because, although you are supposed to give 21 days notice, perhaps his employer might be prepared to waive the notice and allow him to take a period of Parental leave to cover this situation.

 

 

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Hi Mariefab, look at the rules and wonder how an employer would act in a case where a member of family died and member was living abroad, not all family member live in the same country or next to each other.

 

Would an employer need to see a death certificate as I certainly know they would not believe an employee.....as they think they are all thieves and liars, certainly the place that my friend works in that is the case there unless the manager is a friend of a colleague than that colleague can take advantage of all the leave that is available to them without question….:mad:

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Hi Allwood

I think that an employer would have to accept that in the event of a dependant dying abroad an employee would need more than a couple of days to make the necessary arrangements and an employer asking to see a death certificate would be very much out of order.

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hi mariefab our youngest is 6, so parental leave is out of the question the fact that they asked him to work the 1st night on his shift and totally ignored his request initially for emergency leave, even before his shift was supposed to start, so ok it could take him another week to find some one or people to look after 1,2,3,4,5 kids either all together (no one in there right mind will look after all 5 just us lol) or two lots or 3 lots of people all split what im saying is there is 2 issues here 1, if he has to go back to work he would need someone to look after me and 2, someone to look after all 5 children as above beacuse the main caregiver (me) cannot ie, if he were to get a phonecall and say the nanny was ill he would have to come home being the main caregiver or lets say the nursery burst a pipe he would have to find another main caregiver, the above states to assist someone who falls ill/injured etc etc,allwood, when i had my last son 6 years ago OH asked for paternity leave and they asked to see the birth certificate(same company)

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hi,

do you have a local library, if so some have an advice centre inside,

if they do, i would ask your O/H to go in and tell them your situation,

i feel you could do with someone to liaise with your O/H employers,

ours we have found the advice centre is extremely helpful, or they could perhaps advise what to do on this, and if he does go, go early, as usually as ours was, many people waiting to go in, or you could try the citizens advice bureau, again go early, they might be able to guide you where to go next, what about asking your doctor about all this, he/she may be able to do something or advise on this situation, also did you see the acas website, could your husband speak to someone higher up in the company,

perhaps ring head office, and really explain your situation, i really do hope some of this can help you, and feel for you, your friend. t.q.:)

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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thas t.q ive had a look il come clean Oh is a union rep and has spent an awful lot of time and energy saving other peoples jobs so he knows a fair bit, but this emergency leave is a bit of a grey area, were thinking there is an ulterior motive, i.e they normally promote a rep to get him out of helping(u have to give up ur union rep status) or sack u, cab are usless here tbh, never open take about a week to respond, iv told him to start a greivance process against manager if for nothing else but for her asking if our 15 yr old daughter look after 4 kids and a sick mother (who would be in trouble then if there was a problem god forbid anything untoward happend whilst OH was at work=) it wud be us in serious trouble for the sake of him going in, iv also told him to go higher up the other thing is shortly there is a advertising campaign shortly to be released providing a safe enviroment for certain people(cant say anymore as this might identfy the company or OH) and u have guessed it my OH's face will be plastered all over the city we live in, they wish to advertise a safe enviroment but are not willing to put it into practise where there staff are concerned, hope this makes sense, thanks t.q ur new friend wakers7 lol:p

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Apart from speaking the CE of organisation, follow it up in writing have it faxed as well, (my friend organisation also says that they never received letter that are sent 1st class post to them) or email if you got s/he email address.

 

Do you both have the same GP if so perhaps your OH should go and discuss the situation with s/he and maybe get certificate until you are well again.

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just another thought, the hospital where you were, why not see if you could speak to someone there, on the ward you were on even, and tell them about your personal situation, are you still under the hospital, again, i feel your doctor may well be able to do something on this, and again does your libraby have an advice centre in, ours is supreb, they deal with all sorts of problems, and i was amazed how much they put themselves out, and even ring you to answer a question once you have been in.

many firms are like this, again i say ruthless, and only pound notes,

maybe some o.k. but in the minority.

if i think of anything else i will let you know.

lol. t.q.:cool:

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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How could your OH be able to work with the stress that he would be under in such circumstances he would not be able to concentrate on his job, where do they get these managers from nowadays?

 

Ask your employer if they would be willing to pay for someone to look after the children and you while he is at work there is no harm in asking this in a letter to them.

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ahhh good thinking allwood i did say to OH to get a a release as u wish to state that the company have to sign to say they wud take any personal liability for husband to leave me if anything should happen, i do believe they wont, t.q we have a local library but no advice centre, we do not have the same g.p but in the same building, we asked at the hspital if they could do anything coz we knew work wud be impossible, they issued me with a sick note that showed id been in hospital then another week, i suffer from severe depression so i could ask my doc/mental health team to do me a letter they have in the past and im very sure my gp would only but oblige, failing that OH gp, but saying that if OH wud go off sick with a sick note they would stage him many thanks for replies i hope ive coverred all bases lol;)

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I do sympathise with you and I understand that finding someone to care for a sick wife and 5 children could well be an impossible task.

 

What I'm saying is that the right to time off for dependants covered by 57A of the Act does not protect your husband for this long a period.

It's intended to cover emergencies and in many situations would just cover a few hours, 1 or 2 days at a stretch unless the employer decided to allow longer. Also, as I said earlier, it's so that he can make care arrangements rather than do it himself.

 

I really would not recommend going in with a formal grievance at this stage because that could seriously backfire if it provoked his employer to initiate a disciplinary procedure for unauthorised absence.

 

It seems that your husband is working a 4 on 4 off pattern. Perhaps he could offer to work on some of his off days once this is sorted out to make up for the working time lost.

 

Has he told his employer on what date he expects to return to work?

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