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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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doing a different job to that is being made redundant


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ok, firstly really sorry for the length!

 

i started my job as a PA to the deputy director 6 years ago, 18 months ago that deputy left and a new one started and didnt use me as a PA anymore, just diary management, and at the same time our child care co ordinator left (we receive seperate funding for a full time post), me and my colleague, a HR assistant was asked to pick up this child care work, as my collegue enjoyed it more than me, she took over the duties, and as i wasnt being used as a PA anymore i shifted to my colleagues job, HR assistant. i now do all the duties expected of a HR assistant for the team. That deputy left, and for a few months we no deputy at all, so i continued doing the HR assistant job, i enjoyed it as well. A new deputy started in Oct last year, and during my PDR with my line manager in Sept last year it was noted that iam now more of a HR assistant than a PA, i was concerned that when the new deputy started he would use me again as a PA, my line manager said that she would argue against it as iam more use as a HR assistant. then new deputy started and indeed i carried on with my duties as usual with the addition of a few PA duties.

 

on 3rd feb i got a post it note inside an envelope left on my desk from the deputy asking me to a meeting with him and my line manager on 17th feb to discuss the HR structure and future roles, now we knew that he had the job of making a huge saving, a poss that some jobs could go, but with it being on a post it, i didnt think it to be sinister. i attended my meeting on 17th where i was told that due to the savings needed to be made there was no room for my role, and my post was "at risk".

 

After thinking about this overnight, they didnt actually state which post was going, the PA role or HR assistant. i asked my line manager for 5 mins, and asked her that question, she replied the PA role was going and my duties would be distributed to others in the team, i replied that i didnt do that job, i was more of a HR assistsnt, and if both roles are being made redundant that my colleague who does the child care role would also be "at risk", as she does a different job, but never officially given a contract for the child care role, also the funding we receive for the child care post is full time, my colleague only works 30 hours, and approx 6 hours a week is spent on HR assistant work with me. my line manager has said that if i am correct then that changes everything and will look into it, iam on annual leave for a week whilst she looks into it.

 

Also in the HR department we have 2 full time recruitment assistants (technically HR assistants on their wage slips), and we are not recruiting as the company is skint, they have been very vocal that they have not a lot of work to do, why need recruitment assistants if not recruiting! and we wont be recruiting at a steady rate for a long time due to money!.

 

i have several questions!

 

can they make a post redundant and distribute the work to others?

 

where do i stand on the whole what job do i do? my argument is that the PA role was going, now ive told them that i dont do that job, they may say that the HR assistant role is also going, it soounds like its me they want rid of, not the post!

 

if indeed they say that both roles are to go, then my collegues post would need to be reviewed would it? as she does 6 hours per week of HR related work. iam sure the company that funds the child care role would like to know that of the 37.5 hours they pay for, we only use 30 hours and 6 of which is spent doing a completely different role!

 

Why make my post redundant when there is 2 people there hardly doing anything? all that will ahppen is i will go and my duties will end up being done by these 2 recruitment assistants.

 

none of this has been done offcially, my colleague never recieved a contract, although did receive a pay rise, i never officially become the HR assistant, it just happened.

 

Any advice would be appreciated. thanks

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can they make a post redundant and distribute the work to others? Simple answer - yes.

 

where do i stand on the whole what job do i do? my argument is that the PA role was going, now ive told them that i dont do that job, they may say that the HR assistant role is also going, it soounds like its me they want rid of, not the post! That's an assumption, for which you have no proof. On either what they may do or whether they want rid of you. You have raised a valid set of points - which is what consultation is about. And they are looking into them, which is what they should do.

 

if indeed they say that both roles are to go, then my collegues post would need to be reviewed would it? Not necessarily. After 18 months in "new posts" you both have custom and practice on your side - you do the new jobs and not the old ones. You don't need a contract stating that and many people move on in their jobs and never get a new written statement. A ontract isn't the piece of paper - it's lots of things. as she does 6 hours per week of HR related work. iam sure the company that funds the child care role would like to know that of the 37.5 hours they pay for, we only use 30 hours and 6 of which is spent doing a completely different role! That sounds like a threat. I doubt the company will be all that bothered at all - but your employer isn't going to take kindly to threats.

 

Why make my post redundant when there is 2 people there hardly doing anything? all that will ahppen is i will go and my duties will end up being done by these 2 recruitment assistants. You have raised points which may now put the two recruitment assistants at risk - as well or instead of you. You have to give the employer a chance to answer your questions.

 

none of this has been done offcially, my colleague never recieved a contract, although did receive a pay rise, i never officially become the HR assistant, it just happened. Whether it just happened or not, it happened, and the length of time in the post says that it has.

 

Any advice would be appreciated. thanks

 

You need to calm down a bit. I know this is distressing, but you have voiced your concerns and these are being looked into. That is the whole point of this exercise. Give the employer a chance to answer these points - you may well find that they agree with you. Or you may find that three of you end up being made redundant. But you won't know until they say what they have decided about the points you raised.

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Thanks SarEl, i am really angry at my boss, he's been there 4 months, come in and made me redundant! i thought we were a team, and a good one at that. i dont doubt he has a difficult job finding the savings that need to be made, and i certainly dont want anyone else made redundant, i honestly believe that the savings can be made across the team (and the team agree with me, but at the moment they are just glad its not them in my situation!!!), by cutting a couple of hours for everyone, i wouldnt even mind having my wages cut along with a couple of less hours! a job is better than no job!

 

the only thing my line manager is looking into at the moment is what job both me and the HR assistant/child care coordinator do, to be honest i havent raised all the other points with them yet, i could do with a little more advice on how to approach, iam expecting my first formal meeting when i go back, do i pepare a paper outlining the points i raised or just go in to talk? or is the appeal stage the best time to bring up these other points?

 

Again thanks for any advice

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