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    • And I'm sorry, you're going to have a rough time of it this morning. On at least two or three occasions, either I or my site team colleague have advised you to give a period of notice to the window company – and I even suggested in one of my most recent posts that a period of notice would be essential in order to satisfy the courts. Despite this, you appear to have sent a letter giving notice of immediate cancellation of your contract. I really have no idea why you come here and ask for advice, and get advice – similar advice from several experienced members of the site team – and then you proceed to ignore the advice and do your own thing. You absolutely need to disengage from this company. They are giving you the runaround and frankly considering you are a paying client they're treating you with contempt. By sending the letter you did, not only are you prejudicing your own situation but you are making it clear that you don't know what you're doing. If you follow the advice we give, then you will create the impression that you are in control and competent. You will have to send them another letter. You must give them notice. Even though they are clearly in the wrong and even though there is clearly something very fishy going on, you will have to make time of the essence and give them reasonable notice. I suggested seven days – you have even now used up some of that time by giving them a letter of immediate cancellation and not a letter of notice. I think you should now send them a letter informing them that unless you have a definite agreement within seven days that the work will be completed at the end of 14 days, that you will consider that the contract is terminated by their breach. Tell them that despite any written terms and conditions, it is clearly an implied term of the contract that it will be carried out within a reasonable time and that your patience is exhausted. Tell them that once you cancel the contract, they can take whatever action they want to recover any administrative fee that you won't be paying. If you're the fact that you tend to go off on your own and not follow advice, I think it would be a good idea if you put the letter together and then post the draft here so that we can check it. Slapped wrists? – Yes definitely.
    • In terms of asking us whether or not providing us with the documents we need in a certain format is important, – yes it is important. I'm very sorry but we put in a lot of work for people here and we do it all for free. We need people to provide material that makes it easier for us to help you. We use a standard Internet system – and at the very least, we expect people to have the necessary equipment, for instance a scanner, and some kind of computer to be able to engage with us. We also expect people to have at least the computer skills to be able to provide the documents we need in the format that we need. 10 or 15 years ago this might have been an unreasonable ask because the technology was much newer and not so well established and understood. Things have moved on and I think it's essential for you to acquire the necessary skills – they are not at all difficult – to be able to engage with us – and also anyone else with whom you have dealings on the Internet. I imagine that you don't have a scanner but for about £49 you can get an excellent one from Currys PC World and I think you should do that. Please remember that you are receiving advice here which might normally be charged at £300 per hour. All we ask you to do is to get scanner and you will find that it is really very easy and you will then acquire transferable skills. It is a win for you in every sense. You will have the scanner for years.
    • what time do you have to go in today? I am wondering whether it might not be a good idea to go in with the letter of claim and if there is any mucking around them to hand it to them.   We would have to draft something appropriate.   in any event I think you should prepare an sar and take it with you and hand it to them make sure that they realise what it is. Hand it to a senior manager.   Use our sar template here.   I think that they are starting to lead you around by the nose and I think that you should take control and make sure that they realise but there is only a short time before it goes legal. A letter of claim would be the best thing to do in addition to the sar     
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
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Pregnancy & Racial discrimination - what should I ask for?

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Ok, thanks for the advice.


I understand what you're saying but...


After nearly 18 months of having little work to do, I wouldn't say I've lost the moral high ground, especially after the way I've been discriminated against.


I feel that in many ways I'm sharpening my technical skills and I'm learning, which is the best part.


But perhaps I should do online training instead?

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Brief update:


Submitted a new ET1 for Victimisation last month.


Going to tribunal next week for a review hearing.


Applied for a new job at a better company that pays £10K more and I got it :-)


Went to hand in my notice but before I could hand my boss the resignation letter, he told me that my post was being made redundant. I'm the only person in the redundancy pool. He insists my redundancy has NOTHING to do with past grievances. Yeah.... right...


My solicitor advised me to quit and claim constructive dismissal. I'm not sure I want to go down that road. I think I just want to get a payout and leave.


Any opinons?

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If your solicitor is on "no win no fee" he has a conflict of interest - he will get paid if you win tribunal proceedings but not if you get a redundancy payment!


You will need to go on the www.direct.gov.uk website and calculate how much you would get for redundancy. Compare that with how much you would get for unfair dismissal. You can make a rough calculation by totting up the statutory award for unfair dismissal calculated according to a formula, notice pay, loss of wages (e.g. if you need to wait 2 weeks after your notice period to start your new work you will get an extra 2 weeks payment) and a few hundred for discrimination. But you need to remember to subtract your solicitor's fees.


If you just want to take a pay-out then I suspect it might be better to sit this one out and see what is being offered for redundancy. Guaranteed pay-out without the stress and delay of ET proceedings.




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If your solicitor is on "no win no fee" he has a conflict of interest - he will get paid if you win tribunal proceedings but not if you get a redundancy payment!.


My solicitor is not working on a contingency basis. She is working on a flat fee and will not get a percentage of a payout (should I get one)



My employer has given me the following choices: Redundancy, Voluntary Redundancy, be hired by another department.

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A settlement has been agreed in principle. Going to the tribunal this morning. Hopefully the details will be ironed before we face the judge.


Strangely enough, my employers solicitors were never told that I am in the midst undergoing the redundancy process. My solicitor had to inform them and they were as equally shocked. Settlement talks began very shortly after that.


That can't be typical, can it?

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Hmmm, I thought I posted a reply on here. I guess I didn't hit 'post'


Anyhow, here's how it went down. I had a review hearing on last week. I had asked for a review hearing, because in October I had withdrawn my initial discrimination claim (due to stress). My employers made an application to dismiss under rule 25(4). My solicitor contested the 25(4), but the judge had made the ruling to dismiss before my solicitor's argument was put in front of her. In addition I submitted a second ET case, this time for victimisation. As I was put on redundancy notice, (and was the only one in the redundancy pool) my solicitor and I were poised to submit an unfair dismissal claim.


My solicitor asked my employer's solicitor about the details of the voluntary redundancy. Employer's solicitor had no clue what my solicitor was on about. HR never bothered to ask / consult their solicitor about making me redundant. My solicitor told my employer's solicitor the details of my pending redundancy. My solicitor stated that I am willing to walk away and sign a compromise agreement for £XX,XXX


The next day the employer's solicitor came back and said that my employer could only offer 63% of £XX,XXX. My solicitor indicated that is was a "pretty good" settlement and that we could probably push for a little more, but not much. I said that I would agree to 63% of £XX,XXX NET -- and if that there was any tax liability that they would have to pony up more to get me to exactly 63% of £XX,XXX. So the NET amount was agreed in principle by my employer's solicitor BUT..... My employer wasn't responsible for the payout, their insurance company is paying out. So suddenly my solicitor and my employer's solicitor were suddenly both on the same side negotiating with the tight-wad insurance company.


What a con this is? No wonder companies never learn and keep discriminating, they are not paying out themselves. Their insurance companies are doing all the paying out!


So the morning of the review hearing we heard back from the insurance company who approved the 63% of £XX,XXX, NET. My solicitor lives outside of London so since the Compromise Agreement was already agreed she didn't come down for the review hearing. The CA was emailed to my solicitor. She reviewd it over and told me over the phone that I was OK to sign it.


I arrived at the tribunal. The respondent had brought their solicitor and posh barrister as well as 6 bundles?!?! Bundles for a review hearing? I never heard of that. I initially panicked, thinking what if this goes t*ts up and I end up in court without a solicitor having to defend my case? To my relief It all went smoothly. Whilst my solicitor was on the mobile with me I signed the CA in the presence of the barrister and solicitor. My solicitor emailed over the her certificate and then everything was finalised.


I still had to go in front of the judge to tell him verbally that I was withdrawing the review of my first case and the entirety of my second case. The judge said that he would have ruled to put aside my dismissal in my first case, but since a CA had been reached there were a few points of law that needed to be tidied up. (After he said tat I had wondered for a millisecond if I had settled too soon) The judge was very, very nice and very accommodating. He seemed almost giddy that we reached a CA. As we left the court room he stated that he was pleased to have another hour back in his day!


Over the course of her many phone calls to my employer's solicitor, my solicitor became very friendly with the employment's solicitor. My employer's solicitor let slip that my employer's legal bill was in excess of £60,000. Crikey! I wonder how much it would have been had we'd gone to tribunal?!? I'm guessing that similar to my settlement, the legal fees, too, will be paid by the insurance company. I really, really hope their premiums go up next year!


Although there were doubts about my solicitor, in the end, she closed the deal and that's the most important part for me. I paid a flat rate of £1,500 in legal fees. There is no percentage of fees that I have to pay out so I get to keep every penny of my settlement. Not bad for a £1,500 investment. And to boot my solicitor gets an additional £450 from my employer for the CA.


I'm glad it's over and I'm happy I got my life back.


I guess if there are life lesons to be learned, here's what I took from this experience:

  1. People are fundamentally flawed and so is HR and some HR practices.
  2. Document EVERYTHING regarding your case.
  3. Do not withdraw your case for any reason. I did it for stress, but it was ultimately MORE stressful withdrawing and having to deal with the 25(4) rule.
  4. Once you initiate an ET claim, start looking for another job. Don't wait until the last minute.
  5. It helps to talk to people going through the process as well. I have 2 girlfriends who are also knee deep in their ET cases
  6. Have the facts to back up your case.
  7. Be selfish. At a certain point, you have to concede defeat in that you probably won't ever change a discriminatory department, boss or practice - but you can get compensation for the horrible experience you went through
  8. Have faith that things will go right.


Kindness, dignity at work and respect cost nothing. It astounds me that employers would pay tens of thousands fighting you in court, rather than changing their attitude at work.


I'd like to thank everyone here on this forum for their kindness and support. I hope I never HAVE TO post here again.


Over + Out.



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