Jump to content


  • Tweets

  • Posts

    • Hi, If you are getting advice from CAB it's best to stick with them. Getting advice from 2 different sources will cause conflict/confusion so It's best that you stick to the CAB as a pose to using this forum. People on here are volunteers and whilst we're happy to help, getting help from two sources at once isn't very good use of either places resources. I wish you the best for your case.  
    • There are no costs awards at an employment tribunal, let alone statutory interest. You have to do something really dumb to end up with a costs order such as refusing to follow court directions.
    • Can I ask how you were not timed out with an employment tribunal if you have been in dispute for six months? The reason why I ask is that recently submitted a claim in the county court for unpaid wages as was timed out a claim with the tribunal service? You only have three months to submit the claim from the cause of action.
    • Hello All After spending 6 months trying to get £1,500 of unpaid wages from my previous employer and going through early conciliation with ACAS, I now have an Employment Tribunal date of 20 / 09 / 2024. The Citizens Advice Bureau and posts on here have been really helpful, but I am unsure on a few points: 1) I have to send a document setting out how much money I am claiming - is there a template / recommended format for this? 2) Can I claim 8% statutory interest from the start, or is this just if they do not pay any award on time? 3) I was looking at getting a solicitor, but the estimated fees are £4,000 to £6,000 - would I be able to claim these fees from my employer if I win, presumably I would have to pay if I didn't win? 4) If I don't get a solicitor, I believe I can claim £41 per hour preparation time - how hard is this to prove / claim? I will probably think of other questions later, many thanks in advance for any responses to my questions or any other suggestions / advice. Best Regards, Scott
    • The judgement is more htan £119.00 tho so why not pay to have it set aside.   will cost you less than paying the judgement
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Sick pay and return to work


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4987 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Oakmoss

 

Did the employer know of your previous bouts of depression? What was the reason for insisting that you teach a class that you were not qualified to teach? Did you complain about the aggression at the time? if you did what did your employer do about that complaint?

 

The DDA is quite complex and sometimes is in conflict with other legislation, we need to be clear as to what the employer knew about you and you condition and then did some overt act that prejudiced you.

 

I think there are other options for you though and one is to return to work asking for adjustments to the work pattern, but let's not get ahead of ourselves.

Link to post
Share on other sites

The fact that you have had a long period of illness MAY afford you some protection under the DDA but the DDA and the Codes of Practice written by the EHRC states that the impairment must also affect daily living........

 

The test of whether an impairment affects normal day-to-day activities is whether it affects one of the broad categories of capacity listed in Schedule 1 to the Act.

They are:

■ mobility

■ manual dexterity

■ physical co-ordination

■ continence

■ ability to lift, carry or otherwise move

everyday objects

■ speech, hearing or eyesight

■ memory or ability to concentrate, learn or

understand, or

■ perception of the risk of physical danger.

 

So, were any of these pertinent BEFORE the 4 day course? If not are any of them pertinent now?

 

 

Did you raise any objection to doing this course if so what did you say? I don't think I was asking if a complaint to the client was made but to YOUR employer? If so what was said to you? I am trying to establish if the employer knew of the problems and did nothing or little about it.

Link to post
Share on other sites

I think SarEl is absolutely right. You should listen carefully as she gives a legal opinion based on the facts that you have told us. On the limited information that we obtain on the forum it is very difficult to separate the reality of what the OP's actually state and what we as Cagger's suspect may be the case. Even SarEl 'suspects' things as you can see from her reply.

 

SarEl focuses of the contractual and SSP issues and also gives an opinion based thus far on what you have said as to whether any action under the DDA or a Personal Injury action would be successful. Those issues and the evidence to support them may or may not be there in fact but they are not there thus far in the information that we have been told by you. You need to elaborate much more giving detailed information / dates etc

 

You quite rightly are really scared about the future and the loss of income and seek advice. I think it may be helpful if you can identify what you want out of this ie how you feel about going back to work for this employer or whether you are just looking at the most efficient way to leave. I suppose I am saying is what is it that you think should be happening? I know it is difficult but you need to have a goal in mind and if that means resorting to a legal remedy you need to have the evidence. That evidence may yet be in the future actions of your employer and how they react to requests and information that you have yet to give too. These situations are often fluid and reactive.

 

I do wonder if you have been given enough support after this incident and whether submitting a grievance is a worthwhile option. This may aggravate the situation though. I wonder what SarEl and other Cagger's think on this?

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...