Solicitors taking case, but...

[livvyp]

Hi. Hope to make this post as succinct as possible. Thank you for reading and helping.

 

1.My Union's solicitors wrote to me saying they were taking my case (RSI back-strain from work), but according to the same letter, I am outside the statute for an action as I (not my GP) realised my pain was work-related in 2006 and they say it has to fall within 3 years. Solicitors knew this was the situation - they have my letter of grievance to my HR from 2007, so I don't know why they bothered to say they'd take on the case.

 

2. My workplace HR did make some noises about making an 'amicable parting of the ways' if first my GP report then their Occupational Health report, concluded it wasn't likely I'd be able to return to work soon enough (been off since Feb). I sent them my GP report last week and I have left numerous emails and phone messages to the HR person but got not a word in reply. She has never done this before. Whassup, d'you think?

 

3. If I'm too late for legal recourse, could I/my Union negotiate a leaving package anyway, d'you think? Or will they smell that I'm screwed legally if I try? I have just done the ATOS medical and am so screwed as regards employment and money. I do not want to live on benefits so:

 

4. I was even thinking of just doing Saturday nights at work; I'd get HB and Council T bens and maybe medicine help, but wouldn't have to deal with other benefit groups. That would be my last resort, because I'm terrified my back will get worse. I'd be able to rest up a lot afterwards, though. Sat night is the unpopular shift, of course, so my workmates would fall on me with a glad cry, but not sure employers would wear it.

 

Thing is, I don't want to go through all the other negotiations, lose, and then rely on them being accommodating enough to agree to my last resort.

 

Left a message with the solicitors and my union but neither has got back to me, so I'm appealing for any wisdom from you guys!

[Pusillanimous]

 

1.My Union's solicitors wrote to me saying they were taking my case (RSI back-strain from work), but according to the same letter, I am outside the statute for an action as I (not my GP) realised my pain was work-related in 2006 and they say it has to fall within 3 years. Solicitors knew this was the situation - they have my letter of grievance to my HR from 2007, so I don't know why they bothered to say they'd take on the case.

 

2. My workplace HR did make some noises about making an 'amicable parting of the ways' if first my GP report then their Occupational Health report, concluded it wasn't likely I'd be able to return to work soon enough (been off since Feb). I sent them my GP report last week and I have left numerous emails and phone messages to the HR person but got not a word in reply. She has never done this before. Whassup, d'you think?

 

3. If I'm too late for legal recourse, could I/my Union negotiate a leaving package anyway, d'you think? Or will they smell that I'm screwed legally if I try? I have just done the ATOS medical and am so screwed as regards employment and money. I do not want to live on benefits so:

 

4. I was even thinking of just doing Saturday nights at work; I'd get HB and Council T bens and maybe medicine help, but wouldn't have to deal with other benefit groups. That would be my last resort, because I'm terrified my back will get worse. I'd be able to rest up a lot afterwards, though. Sat night is the unpopular shift, of course, so my workmates would fall on me with a glad cry, but not sure employers would wear it.

 

Thing is, I don't want to go through all the other negotiations, lose, and then rely on them being accommodating enough to agree to my last resort.

 

Left a message with the solicitors and my union but neither has got back to me, so I'm appealing for any wisdom from you guys!

 

It would not be unusual in corporate terms for HR to take more than a week to respond (could be absent?).

 

I believe it is correct you would need to take disability issues to the ET, and within 3 months of the last unacceptable act. However, if your back was caused by H&S issues - which is outside of ET jurisdiction - this might be different, and you could theoretically have up to six years to make a Personal Injury claim.

 

Ask your solicitors about this, as this is what you are paying them for.

[livvyp]

Thank you, pusillanimous (one of my favourite words, btw!) I did ask the solicitors in the end and they suggested the disability claim. But I've been off work for 9 months now so don't see how it falls within the 3 months limit. This is my fault; I never wanted to sue anyone so I was slow off the mark. I'll have to talk to solicitors again.

[Pusillanimous]

Livvp If you are still technically employed, then your claim would commence from the date of the last act complained of, if any, not from the date you sustained the injury. Sounds as though you need to communicate with your personnel department. Sound them out for a negotiation. Is the situation with them friendly or hostile? If friendly, best not to get their backs up by bringing in the union. If not, then you need a case before you can claim.

[livvyp]

My union doesn't want me to communicate with them without their presence. I kind of see union's point. The position is cordial at the mo because that's how they always play, even when dragging you in for disciplinary etc, but 'a man may smile and smile and still be a villain': I know that if I hadn't got the union at my back, they'd have very cordially and smilingly ripped me to shreds. I hope to be able to negotiate a leaving deal out of sheer exhaustion - would you believe my solicitors want me to list all the jobs I've had since leaving school, along with company name and addresses! That's a fair few years, no chance.