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    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.     
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
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Suspended after problems at work


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Ok look, I really can't help if you are not going to go into enough detail.

 

I am going to suggest that if the position with the supervisor is no better your option is to talk to your manager or lodge another grievance, but if you want to take things to an Et you are going to have to do better than "Talks to you like s**t". You will need dates, times, exact quotes, any witnesses. You will need medical reports. You will need full details of the mediation and follow up process.

 

Similarly you are going to need a lot more evidence on the overtime thing.

 

If you wish to fight this, you need to put a bit more effort into demontrating why you are in the right.

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

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ok. The supervisor would tell me to do one thing then manager would approach me to ask why the job wasn't being done the way it should be, i would explain to the manager what supervisor had said to do causing the manager to disagree. it was always manager saying one thing and supervisor saying another. supervisor would come across very sheepish to say something to you, everyone in the depot knows what the supervisor is like but they won't say or do anything about it, i got to the point where i approached my manager about the way the supervisor was making me feel he told me to put it in a email to him and he would deal with it, nothing got done so it carried on until the point i hated going into work i also told my manager this, i went to see my gp explained to her what was going on, how i felt etc and she put me on the sick with stress, i went back to see my gp 2 weeks later i was no better as nothing was being sorted at work so she gave me another sick note and put me on anti depressants, when i first returned to work my supervisor was told by h.r to keep contact minimal until we had mediation, and there was no follow up progess that was it end of it,

 

I have my work records on what i done on the days on overtime i.e you are expected to do ten items an hour so in 5hrs you do 50, the company are saying i claimed 5hrs overtime but only stayed 1.5 hrs but i couldn't do 50 in 1.5 hrs, on a normal 8hr shift i do 80 items, they are going off tunnel pass times not on work records, i couldn't and wouldn't claim 5hrs ad only stay 1.5 hrs, i have worked for this company for 15yrs and never had any of this until i put informal grievance in against supervisor. could it be possible this is all happening or everything that has happened is because i'm the only female on shop floor, only other female that you hardly see is admin.

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You are likely to be dismissed for overtime claims so focus on that first. If you are dismissed the supervisor issue is a factor that my be taken into account at an ET

 

You need evidence. Time logs, work logs, etc, for both of you. In lots of detail.

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

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My supervisor undermined everything i done he would tell me to tell somebody else to do a certain job, i would go ask the person to do what i had been told they would give me mouth full i would go to supervisor and he would do nothing about it, i had to take the abuse from people who worked below me, supervisor would come in check all the figures for the day if he wasn't happy i would get him having a go at me not the person it concerned, he would look down on me, this has only really been happening since beginning of this year, supervisor has already been sent on an anger management course because of way he speaks to people, the course helped for a little while but he sharp slipped back into his old ways and manager was well aware of the way he is because different people told him. at one point he asked my partner if he wanted supervisor role saying there was going to be big changes over next couple of weeks that was nearly a year ago and nothing changed, like i said manager not at our depot very often so it's like he doesn't care really, he has another depot in his home town which he's trying to save from redundancy ad closure.

 

My partner yes was suspended for same allegation as me not the alleged complaint.

 

Big mess and it really has got me worried sick. never felt like this in my life not even when i got divorced

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only have work logs no time logs, what is ET

 

Does the company not need more evidence than they have?

 

I fill out overtime sheets every month they get handed in and signed off my supervisor, he checks the work logs to see how many been done against the hours being claimed.

 

What about the people including supervisor who claim same amount of hours as us but don't use tunnel pass

Edited by amanda69
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Does company not need more evidence?

 

Every month i handed in overtime sheet it would be signed off by supervisor after he checked logs for figures, he checked this against hours claimed.

 

What about other people who claim same hours as us but have no tunnel pass and use their car to come to work instead of company work van?

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why are you double posting everything?

 

I don't know what a tunnel pass is. should I? I do know you need to focus on proving your hous, not anyone else's.

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

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don't know why i double posted, sorry, a tunnel pass is from one side of the water to the other, so you go north to south under the water and vice versa, i have been concentrating on proving my hours, it just feels like certain people suspended and ones without a pass aren't, so it looks like to me they are trying everything to get me out since grievance. I haven't had pass since june and they only decided to suspend me in oct when they get copies of pass use every month,

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Amanda,

 

I realise this is a very stressful time for you and you must be worried sick about the prospect of losing your job.

 

However, if you want people to help you on here you need to be much clearer in your explanations and answers to questions.

 

Eg."a tunnel pass is from one side of the water to the other." Now no doubt this makes perfect sense to you, but to someone who does not even know what type of job you do it means very little.

 

Now I still feel quite strongly that your employer is trying to get rid of you as a direct result of you submitting an informal grievance against your supervisor, in legal terms this is called victimisation and in order to avoid having to pay you redundancy money in January. Therefore if they do sack you without very good reason including providing proof you claimed for overtime hours that you did not work, you may be able to submit a complaint to an employment tribunal for unfair dismissal and victimisation. But that is all in the future.

 

Most important now is to concentrate on getting ready for the disciplinary hearing next week.

 

Firstly have you arranged for either the union rep or a colleague to attend the hearing with you?

 

What evidence do you have to prove you worked the hours that you are claiming for?

 

Has there ever been a discrepancy or questions over overtime hours claimed against you before?

 

Was it always you the supervisor came to when he had a question or there was a discrepancy? If so is there are reason for this? eg you are the most senior?

 

It is really important to be prepared for the hearing next week and please do not bring up things about what other people did or did not do, it is almost never helpful.

 

DJ

 

Can you tell us in plain english what type of work you do.

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Amanda,

 

I realise this is a very stressful time for you and you must be worried sick about the prospect of losing your job.

 

However, if you want people to help you on here you need to be much clearer in your explanations and answers to questions.

 

Eg."a tunnel pass is from one side of the water to the other." Now no doubt this makes perfect sense to you, but to someone who does not even know what type of job you do it means very little.

 

Now I still feel quite strongly that your employer is trying to get rid of you as a direct result of you submitting an informal grievance against your supervisor, in legal terms this is called victimisation and in order to avoid having to pay you redundancy money in January. Therefore if they do sack you without very good reason including providing proof you claimed for overtime hours that you did not work, you may be able to submit a complaint to an employment tribunal for unfair dismissal and victimisation. But that is all in the future.

 

Most important now is to concentrate on getting ready for the disciplinary hearing next week.

 

Firstly have you arranged for either the union rep or a colleague to attend the hearing with you?

 

What evidence do you have to prove you worked the hours that you are claiming for?

 

Has there ever been a discrepancy or questions over overtime hours claimed against you before?

 

Was it always you the supervisor came to when he had a question or there was a discrepancy? If so is there are reason for this? eg you are the most senior?

 

It is really important to be prepared for the hearing next week and please do not bring up things about what other people did or did not do, it is almost never helpful.

 

DJ

 

Can you tell us in plain english what type of work you do.

 

 

 

 

 

 

 

i work with medical supplies. the tunnel pass is on the north east so from newcastle to sunderland you have to cross the water so the tunnel pass takes you under the river tyne from north to south,

I have a union rep

only evidence i have is my work logs

my supervisor tells me how to do my job even though i'm a team leader if that makes sense

i am an infection control laundry team leader

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With regards to the tunnel pass are you saying you have to go from one "office" to the other "office" and one is based in the north and the other is in the south but you can claim travelling time?

 

yes got tunnel pass from home on the north to the south and company pay, but the company are saying i went through to early and claimed more than i should in wages, been to union and i have a good case.

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I'm still really struggling to see what you mean. I think it is because you are abbreviating things, missing things out, and not writing in full sentences.

 

I think you may do better with your rep who can ask you questions more easily. I am glad you have one.

 

Very good luck with it.

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

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I'm still really struggling to see what you mean. I think it is because you are abbreviating things, missing things out, and not writing in full sentences.

 

I think you may do better with your rep who can ask you questions more easily. I am glad you have one.

 

Very good luck with it.

 

hiya

 

there is alot to this case i would be here along time if i had to write it all down, the union put a grievance in last week against the company and told them we are taking them to appeal then court, i will fight them all the way. i have worked for this company 15yrs and they are damaging my character. i won't let that happen, i will keep you posted,

thank you

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can an employer treat people differently for same allegation, loads people involved but only 3 suspended.. 1 back at work with final written warning other 2 to be sacked, already pre determined before disciplinary hearing, manager of company told union rep what the out come was going to be

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amanda, it is really difficult to advise on the info you give. You will get a better answer from your rep if they know the whole story.

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

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amanda, it is really difficult to advise on the info you give. You will get a better answer from your rep if they know the whole story.

 

hoping to talk to rep tomorrow, my head battered, confused, upset by way company treating me, no point to loyalty these days

thanks anyway, i will come back to you soon

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hello, you wrote an email to the manager and nothing was done. i guess that you still have proof of this email. this as well as other things helps build up a case of constructive dismissal = ie, various things being done and not done by your employers

Edited by ims21
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