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    • Thanks for that nuanced response Bazza. I was hoping to argue that I did turn left into the road and what happens on the road I turned into is a moot point. Best, Chris
    • Hi mitm are you able to DM me? Need some advice and rather just take off here for now. Won’t let me DM you as a new user. 
    • Just a little something for consideration When a card is compromised, the replacements can be set up to automatically allow or manually re-add, old recurring transactions. The card issuer may ask you to confirm legitimate transactions which they would effectively 'migrate' to the new card Some do - some don't. Some staff on some cards seem to be entirely unaware/uncaring about this. Some card issuers expect you to sort it all out manually.   BUT if the leak is an ongoing lyca leakas it seems - as soon as you or your CC supplier give it to lyca/the leak source - compromised again     A note on security DONT use the same email or phone number for your banking as you do for sims etc. Although a bank eg santander leak would compromise this Infp seems to suggest that single/compromised multi factor authentication customers are priority targets, with more robustly secure cards being hit by 0.00 tests first Consider that the email address is one of the OTP recieving options AND one of the OTP security checks prior to sending the OTP - with the phone number being another So if they've got your card and email (same email for banking and end contact) - and you aren't forcing a phone OTP - you are compromised.  
    • Thanks for posting up the back of the NTK. The good news s that as it does not comply with the Protection of Freedoms Act, it means that you are not liable for the charge as the keeper as I explained in a previous post.  The PC fails for two reasons. The first is that it does not specify the period of parking. All it does is list the arrival and departure times of your car. Obviously that does not include the time taken to drive to the car parking space, manoeuvre the car into the space and later drive from the space to the exit. Nor does their times include things like getting kids disabled people out of and into the car as well as things like returning the trolley whilst still being parked. All of which can add a fair bit of time to the parking period which can then be subtracted from their ANPR times and makes your actual parking time a lot shorter than 118 minutes they seem to think it is. The second reason is that they failed to ask the keeper to pay Schedule 4 Section 9 [2][e]  (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges You as keeper are now in the clear which is a good reason for you to contact Sainsbury  stating that you are being pursued as the keeper when you are not liable under the Act as well as the oher things I suggested in my previous post. If you don't get it cancelled with Sainsbury this could drag on for months with endless letters unlawfully pushing the price up to scare you into paying.  
    • Brilliant! That's great to hear and honestly pleased I'm wrong, my advice was out of concern. I checked some of your previous posts last night and you've been giving great advice to others at times. Bringing a claim can be serious (counter-claims etc) and it didn't appear you were knowledgeable based on posts so far. Far from an expert myself, just interested and will try to help. I'll sit on the sidelines, best of luck with the claim!
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Potential ET, time and claim limit


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Hi :-)

 

I'll try and keep this short and sweet. It's the follow on to my last topics where I had a meeting with the director of HR. I'll soon be coming up to the 12 week (minus a day) to file ET1.

 

After recording the appeal meeting, I contacted the Director informing them firstly that there minutes are not correct - I was told that was not the case, so basically tough and then the outcome came. Once I had the outcome I tried to make a formal complaint that they had been untruthful, misleading and inaccurate. Now as the recording and previous emails has them ignoring my request for reasonable amendments/adjustments - I'm registered with both mental and physical disabilities. It also has them admitting that my appeal won't be succesful along with other admissions including me mentioning breaches of trust and confidence and them agreeing. In the meeting, they would not allow me to raise any previous points or mention new points. They were pretty arrogant to say the least.

 

I've been told that this is the end of the matter and they will not allow me to make any complaints or grievances AND have blocked my emails from getting to them.

 

I've just spoken to ACAS who inform me I shouldn't fill out ET1 unless I resign. Can I not fill out ET1 stating disability discrimination (failing to make reasonable adjustments) and listing the breach of trust and confidence points I have? They have said that if I do get dismissed for incapablity and if the ET want to take my above points on board they will BUT don't have to within a time limit. I'm worried that if it gets past the time limit my above ET points to claim will no longer be vaild.

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Dont allow the time limit to go by.

 

Yes you can file an ET1 when still in employment.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hi :-)

 

I'll try and keep this short and sweet. It's the follow on to my last topics where I had a meeting with the director of HR. I'll soon be coming up to the 12 week (minus a day) to file ET1.

 

After recording the appeal meeting, I contacted the Director informing them firstly that there minutes are not correct - I was told that was not the case, so basically tough and then the outcome came. Once I had the outcome I tried to make a formal complaint that they had been untruthful, misleading and inaccurate. Now as the recording and previous emails has them ignoring my request for reasonable amendments/adjustments - I'm registered with both mental and physical disabilities. It also has them admitting that my appeal won't be succesful along with other admissions including me mentioning breaches of trust and confidence and them agreeing. In the meeting, they would not allow me to raise any previous points or mention new points. They were pretty arrogant to say the least.

 

I've been told that this is the end of the matter and they will not allow me to make any complaints or grievances AND have blocked my emails from getting to them.

 

I've just spoken to ACAS who inform me I shouldn't fill out ET1 unless I resign. Can I not fill out ET1 stating disability discrimination (failing to make reasonable adjustments) and listing the breach of trust and confidence points I have? They have said that if I do get dismissed for incapablity and if the ET want to take my above points on board they will BUT don't have to within a time limit. I'm worried that if it gets past the time limit my above ET points to claim will no longer be vaild.

 

I agree do not let the time limit go by. I have some handy wording provided by my former solicitor which would allow you to tick the relevant boxes and state that you are making a claim for disability discrimination and failure to make reasonable adjustments but will provide the details later.

 

If you use the wording, you get 14 days from the date of lodgement to provide the details of claim and the Respondent gets 28 days from the date you provide details to reply.

 

As you are still employed this might be a more strategic and less antagonising approach? Let me know if you need the wording for the "details later" ET claim.

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Hi, thanks for your quick replies.

 

I always get mixed advice from ACAS and each time they tell you different things :!:

 

Now to resume the form filling, this is going to be fun. I know I have to try and keep it short and sweet but I fear that will be difficult .....

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Keep it factual and in bullet points, try not to expand on the points but make sure that you put in the point that lead up tot he events, but dont put too much detail! Thats what your statement will be for.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Just be aware that the time limit is three months, not 12 weeks.

 

So if your claim is based on an incident occurring on (for example) May 5th, you'd have until August 4th (3 months) to submit a claim, rather than July 28th, which would be 12 weeks.

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  • 2 weeks later...

ET1 submitted, acknowledged and assigned a case number.

 

I presume they have sent my employers a copy as they have now sent me 3 letters. The odd thing is the letters are dated 7 days ago but delivered and post marked yesterday. There trying to make it look like they sent them before I submitted ET1.

 

One is a meeting for possible gross miscounduct. Second is for a meeting for possible capability dismissal. Third one stating that if I want make a formal grievance I have to do it formally within their procedure. - I've already done that and they refused to hear it :???:

 

To date they have failed to reply/complete both a SAR and disability questionaire that was sent some months ago. Should I do anything to chase them up?

 

My employers have now blocked my email address, so I can no longer communicate how I have been in the last 8 months.....

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Thats fine,

 

Just keep the envelopes and the letters, you want to be communicating by post now anyway to keep it official. Send them a reminder about the SAR, failure to complete the questionnaire will look unfavorably to the tribunal.

 

Keep going as you are, everything seems fine at the moment.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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  • 1 month later...

A quick update:-

 

Employers asked me to attend meetings without informing me of any dates. I chased this up but on the ET3 recieved they claim I didn't attend them. They claim to have sent me recorded delivery letters and emails but I received nothing .....

 

I have recieved the ET3 from there solicitor which is very lengthy and far from correct with information, timings, etc.

 

It states that my claim is time barred, the ET does not have jurastriction, inaccurate and should be struck out.

My claim of disclosure was not made in good faith, no disclosure of information, lack of reasonable belief and no detriment - I'm not sure about the disclosure but I wanted to submit it with the 3 month limit.

 

They have asked for proof of any loss suffered, prove disability, prove any injury to any injury to feelings, submit any award at lowest level Vento v's Chief Constable of West Yorkshire and requested costs be awarded.

 

The ET have sent me a form under s6 Equailty act 2010 stating the respondant does not accept I am a disabled person and attached a form for a qualified medical practioneer to fill in and to provide a copy to the respondant within an specified time limit. It then states they have 21 days to either agree or disagree and to why.

 

I guess the headache is just beginning.

 

Admin, any chance you could merge my threads to avoid confusion of why I'm claiming, pretty please :roll:

http://www.consumeractiongroup.co.uk/forum/showthread.php?360925-Attending-grievance-disciplinary-meetings-at-work&p=3936501#post3936501

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?338214-Been-accompanied-in-grievance-meetings-question.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334233-Grievance-procedure&p=3711538#post3711538

 

 

I have started doing my statement in bullet points on how the events unfolded to give a clearer more accurate picture but need to get over this hurdle first.

 

I presume I go to my GP and ask him to fill the form out for the ET judge, copy it and then send it to the ET and respondants?

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  • 2 months later...

A quick update.

 

I've supplied the medical report and personal statement requested for the ET to assess both my report and statement before any PHR or other talks. I've not heard anything yet so can I presume at this stage that the ET are considering if I have a disability?

 

Also could my previous posts be merged so if there is any useful further information available, people will know what the claim is about?

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