Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3203 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

I have 2 ET cases pending -one claiming Disability Discrimination originated 2008 still outstanding for failing to implement RAs and then one following dismissal from last Nov for lack of pay due/victimisation/protected disclosure. Both claims submitted on TU advice and docs prepared by reps because of my sick absence from work. They have been agreed to be heard together. Until 2 days before the CDM on Monday I had help from the rep,who texted me on Friday to say that HQ had advised not sufficient prospect of success (has to be at leat 60% certain) and Im no longer a member as not staff, so she was not allowed to help or represent me in any way and I was on my own.

 

I originally claimed for their conduct in refusing/failing to implement RA as a lack of DDA transfer - I worked for DWP so a very large employer with many local offices and considerable resources. Not to mention their responsibilities under the Disability Equality Duty. I have since obtained, via Subject Access Requests, lots of documents with derogatory attitudes shown towards me, a Cabinet Office report into misconduct in one office's recruitment processes towards me on 3 occassions, and a number of emails showing the management acceptance of the move as a RA.I wa still at work whilst ET pending until Nov 09, when sent home after nervous breakdown due to lack of RAs.

As part of the first ET I had suggested that I might settle for Ill Health Retirement and applied in June 2010, but this wasn't submitted by line manager until end December 10, listing incorrect RAs in force and obsolete job role/specification as there was by this time no work role considered suitable for me on site. I discovered this when the pension medical adviser prepared the report and I stopped the application stating maladministration. My line manager was instructed to amend and return the application in Mar 11, but he refused stating I had to appeal.This delayed the process until the original 5 day merits hearing date Jun 2011, adjourned (when my tu rep had failed to turn up) and I had had a massive panic attack and an ambulance had been called for me because I was so badly affected. The judge sent us both away saying rturn to ACAs and negotiate I explained the IHR appl was pending and hoped it would help. Aug 2011 line manager sent notice of dismissal hearing and I was dismissed 1.9.10, my appeal on grounds that IHR appl should be considered before moving to dismiss was refused. Turns out they hadnt even submitted it to medical advisers until Oct 2011.

By early Nov 2010 I hadnt had any PILON/hol pay/ accrued leave pay or civil service compensation which would have been = 2yrs gross sal, so submitted new ET1 stating discrimination, victimisation, protected rights and claiming these monies plus other.

 

End Nov 11 I heard my IHR was successful and the IHR was to override my dismissal from 1st Sept. Nothing forthcoming by Feb 2012, turns out they hadnt done papers right and were fighting whether IHR applied from Nov when doc signed IHR or from dismissal. Then they accused me of Gross misconduct for failing to notify overpayment of £9k, still not received breakdown of calculation for this. It seems they havent recorded my 1999 absence as resulting from assault at work, which carries no penalty or loss of salary and assumed that the current absence had been paid in excess of entitlement. Still waiting for this to be resolved.

Anyway at CDM they had asked for PHR and the judge was quite helpful - advising me to look at a possible further new ET for withholding pay and to seek legal advice, but also saying that a lot of water had gone under the bridge since the original claim and she assumed that matters had overtaken a lot of the original claims. She said she couldnt make a judgment on it and I have 16 days left to prepare a new full particulars of claim and send it, they then have 28 days to respond and relist for new CDM on 3rd Dec.

I am at a complete loss as to how to format this because there is so much and I just dont know where to start.......

Please can Becky or Marie help??? I am desperate and cannot get legal help because insurances wont cover as union started it then walked away.

Link to post
Share on other sites

Are any of your prev posts relating to this one ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Hi Martin, yes, I think my first post made reference to the ET as it stood.

 

Since then even the judge said things have moved on and she has asked for a full detailed current particulars list then she will decide whether it is an amendment to the current ETs. As an example of the 'progress' or relevance of the current circumstances I have been found to have suffered an injury at work by their medical advisers which should have given me an additional period of paid sick leave. They also decided that it linked in and was ultimately caused by the initial assault back in 1999. Now the leave policy states that "any absence resulting from an assault on duty will not result in any loss of pay, holidays or benefits (pension) no matter the length of the absence". I did not expect them to tie the two period in together but it does confirm what I was always saying about the chronic PTSD being related to the original incident.

On this basis I calculate that I have lost the possibilty of a civil claim personal injury because (as the TU sols said) the date is so long ago it is outside the time limit, but I believe I can claim PI on the ET. I was originally looking at Meikle -v- Notts Council for my grounds for applying for the full salary etc to have been paid during my absence as there was an option to allow special leave with pay (one colleague received this for 9mths solid whilst waiting for his RA) and had they done so I would not have been so ill again. Then I was reminded of the relevant sick leave policy so intend to use this as my first reason for being discriminated against.

Then a £9k overpayment was 'discovered' when they tried to complete my reckonable service for the pension calculation and purports to be because they gave me an incorrect extra period of sick leave due to the latest absence being confirmed as a result of an injury at work (psychological trauma) due to the lack of RA. I am still waiting for their breakdown of the calculated overpayment and the whole of the last two years salary 09-11 have been withheld as considered to have exceeded sick pay periods and alleged to have been overpaid £9k. However, the payroll team alerted my line manager and the legal team to the overpayment and it was alleged to have been an act of Gross Misconduct but at no point did they ever notify me or give me any opportunity to dispute this. They just decided to then withhold an element of my pensions scheme payment due because of the ill health in part payment of the overpayment.

Link to post
Share on other sites

I don't mean to be unhelpful, but it does sound to me as though this is too complex for general forum advice.

 

I would suggest shopping around and trying to find a solicitor that you can afford to draft the particulars for you - it can be highly complicated, as you're aware! You could really use some professional help!

Link to post
Share on other sites

I agree. Becky is wise and this needs a specialist with time to go through the documents in detail.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...