Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Absence with IBS


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4119 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

If an employee with IBS is constantly absent from work, is it justifiable to discipline them, taken into consideration that all other employee's in the company are currently being disciplined for their absence.

 

The DDA specifies that you cannot treat that employee less favorably than any other employee in the company, however this employee has been treated more favorably than any other employee, is it justifiable to discipline the employee with IBS.

 

In the past 6 months the employee has had 24 periods of absence totaling 94 days, the company feel they cannot sustain this level of absence.

 

Any help appreciated.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

All employee's with bad absence records, no union involved.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

If an employee with IBS is constantly absent from work, is it justifiable to discipline them, taken into consideration that all other employee's in the company are currently being disciplined for their absence.

Yes - although it would be action on grounds of capability rather than the sickness record - although the two are intertwined

 

The DDA specifies that you cannot treat that employee less favorably than any other employee in the company, however this employee has been treated more favorably than any other employee, is it justifiable to discipline the employee with IBS.

As a sideline, it is the Equality Act now, not the DDA. This requires the employer to make 'reasonable' adjustments to assist the employee to remain in work. An employee can still be dismissed for excessive absence, even where the cause of the absence is related to the potential 'disability' providing that a fair process is followed and after consideration of any adjustments that could be made to accommodate the disability. What is 'reasonable' could be the fact that the employee's absences connected with the disability are measured in a different way to those of non-disabled employees, or if there are workplace factors which make the absences more frequent, whether working conditions could be changed to reduce the negative impact on the employee's condition. With IBS, there is (probably) little that the employer could do to reduce the frequency of absences, so it may be sufficient to simply demonstrate that the employee is allowed a greater leeway before any trigger point is reached at which action is taken. A long way of saying -'Yes', providing that all factors have been considered and that the employee is not being treated 'unreasonably' purely on the basis of the disability. There HAS to still be a trigger point for absences otherwise the employee may be incapable of carrying out the role for which they are employed.

 

In the past 6 months the employee has had 24 periods of absence totaling 94 days, the company feel they cannot sustain this level of absence.

Informal discussion to assess whether work is exacerbating the problem and whether anything can be done to improve attendance. Explain that whilst sympathetic to the employee's condition there must be a mutually agreed target for improvement and dates set for review. Confirm in writing. If no improvement, then move to a more formal warning (with employee given right to be accompanied as per standard disciplinary guidelines) setting further target improvements, followed by final warning and ultimately dismissal on grounds of capability. The employer could also ask for permission to obtain medical reports and refer to an independant consultant or OH in order to gain an appreciation of the likely prospect of improvement in the condition or better management of symptoms before reaching the end of the line in terms of procedure.

 

Any help appreciated.

 

Not a straightforward process - nor a particularly short one, but the keywords are 'fair' and 'reasonable'. Absence has to be managed irrespective of disability, but the important thing is that an employee with a disability is not treated unfairly when compared with a non-disabled colleague. Different measures for absence related to the condition is essential, as is a transparent and fair process if the situation cannot be improved.

  • Haha 1

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Not a straightforward process - nor a particularly short one, but the keywords are 'fair' and 'reasonable'. Absence has to be managed irrespective of disability, but the important thing is that an employee with a disability is not treated unfairly when compared with a non-disabled colleague. Different measures for absence related to the condition is essential, as is a transparent and fair process if the situation cannot be improved.

 

Thank you :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...