Jump to content


  • Tweets

  • Posts

    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
  • 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
      • 161 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

PHR Respondent wants to strike out claim on grounds that it is out of time


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3846 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 for almost 2 years been navigating the ET system having submitted 3 claims alleging Disability, sex and race discrimination and Unfair dismissal. with the postponements and delays finally we are having the PHR after two previous attempts. The Respondents want part of my claim struck out saying it is out of time but I have stated that it is a continuous act of discrimination by my line manager over a 4 year period which has culminated in my dismissal.

 

Can anyone help me with any advice and recent or old cases that I can to back up my claim for continuous course of conduct or alternatively that it is just and equitable to extend matters outside of the three months statutory time limit. I am self representing. Thank you

Link to post
Share on other sites

  • Replies 52
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just because they have a barrister doesnt alter the facts of the matter. If the judge rules you are in or out of time wont be because a barrister turned up. The barrister is there because your employer believes that they will be betterserved by having one to speak for them. You can read this as your ex-emplyer is not confident in speaking for themselves.

Link to post
Share on other sites

When was the last act of discrimination in the continuous course of conduct?

 

Demonstrating a continuous course of conduct does not excuse you from complying with the time limit, it just allows you to attach earlier examples of discrimination onto the final one. You are still required to bring your claim within three months from the last act of discrimination. If you have missed that time limit then you need to explain why it is just and equitable for the time limit to be extended (note that this extension can only apply to the discrimination claim, not the unfair dismissal claim).

 

Relevant case law includes http://www.bailii.org/uk/cases/UKEAT/2011/0262_11_2110.html. To give more relevant case law we would need to know the details of your case, as this area of law is rather fact specific.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

The last Act of discrimination was on the 5th of May. I then submitted two ET1's the first for sex and Disability discrimination and the second for race and disability in May and June. Then I was dismissed in August 2011 and I put in my ET1 for unfair dismissal in September 2011...There was then an order combining the claims in November 2011. I had the PHR today and it was hell. will have to post the details later as the moment I just feel like slitting my wrist:x

Link to post
Share on other sites

I had the PHR today and it was hell. will have to post the details later as the moment I just feel like slitting my wrist:x

 

Don't ever do anything like that, abeke22. Sometimes when a situation is bad, it is better to walk away from it. Next time you feel like self-harm, please do make an urgent appointment with your doctor or ring up Samaritans.

Link to post
Share on other sites

I worked with my employer since 2004, in 2005 I developed meneires disease and became home-bound and requiring social services support.After 6 months of long term sickness my doctor decided that I should attempt working from home so I suggested it in March 2006 and it was agreed but by June 2006 nothing had been done and I put in a grievance. The grievance went on till July 2007 and in that time I had my working from home was withdrawn, I was refused annual leave and suspended without pay. At that time I was heavily pregnant and suffering badly from SPD and bouts of vertigo. I went on sick leave and then went on maternity leave. on return in 2008 the treatment started again, refusal to implement reasonable adjustments, withdrawal of work and given to a male colleague, no appraissals for 4 years.....it went on and on....it continued until December 2009 when my manager called me and ask me to take voluntary redundancy I refused, in 2010 they left me in the building during a fire drill and I ended up collapsing as I was pregnant....Anyway the formal redundancy consultation began in December 2010 at the point my boss had stopped giving me work. In jan 2011 i fell down the stairs and hurt my back, at that time the assimmilation process has begun but my boss stopped keeping me informed refused to renew my access to the server and effectively excluded me from the process. Anyway, over a 4 year period there were 30 separate incidences of discrimination the person is my line manager and when I in my claim stated that there was a continuous act of discrimination spanning 4 years culminating in my dismissal. They are arguing that I am out of time but the judge at the CMD admitted 15 of the 30 as being in time and asked me to look at the rest of my issues and decide if I wish to pursue them. I did that and the respondent made a strike out request....the PHR was set, I became Ill they refused to adjourn then the then seemingly backtracked and set a new PHR to determine the issues....meanwhile they have refused to include my documents in the bundle and although I had my own bundle which I wanted to raise at the PHR as a problem......The long and short of it is that is was a carnage, I'm on so much medication that I have a short attention span I end up on the floor when my stress levels are raised and despite trying to distance myself I crumbled under questioning by their barrister....The Judge had to adjourne and I have until 8 April to tighten up my case and insist that it was a continuous act of discrimination.....There are gaps but this is basically the gist of the matter

Link to post
Share on other sites

Here is some old case law which might help regarding continuous acts and over a long period.

 

Owusu v London Fire & Civil Defence Authority (1995) IRLR 574

 

MISS J HENDRICKS v THE COMMISSIONER OF POLICE OF THE METROPOLIS (2001) EAT/614/01

 

 

Link to post
Share on other sites

It sounds like you made the claims promptly which is good.

 

The distinction between a continuing act and a one-off act which has continuing consequences is often difficult to draw. The appropriate test is whether the employer is responsible for an "an ongoing situation or a continuing state of affairs" in which the acts of discrimination occurred, as opposed to a series of unconnected or isolated incidents. The leading case is Hendricks, which you can find at http://www.bailii.org/ew/cases/EWCA/Civ/2002/1686.html. Remember that you do have to explain why there were continuing acts of discrimination in your ET1, it is not enough to hope you can argue about it at the hearing, I guess this is what the judge has asked you to do.

 

It sounds like you are finding this difficult and the Respondent is taking technical legal points. Have you considered getting legal representation? For a complicated case like this it may be worth taking the hit and hiring a solicitor, there are a number of places that do "no win no fee" in exchange for a portion of your damages if you win. Perhaps also try a local legal advice centre (if the case is being heard near London you can be referred to the Free Representation Unit).

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

The other issue is that the respondent has left out almost 70% of my documents out of the bundle, what can I do? I have already told them to include it but they are arguing that until we sort out the issues they won't. But they have included their own documents covering the same period. Even documents relating to the issues that are in time, they have taken out. Someone please help!

Link to post
Share on other sites

Head it with the Case reference no, the names of the parties involved ("You vs Them"). State date and place of next hearing.

 

Leave a few lines and then give it a clear title: "Application for Disclosure Order" New paragraph. State that the respondent have refused your request to include your documents in the bundle and could the tribunal please order the respondent to disclose the documents listed, either below, or as attached.

 

In addition, could the tribunal order the respondent to agree the bundle with you to include the missing documents.

 

New paragraph: the respondent has been sent a copy of the application as per the tribunal rules (see below) and that the respondent should object your application within seven days.

 

Do a separate cover letter and send to tribunal with copy to respondent.

 

Rules for Applications:

 

Applications in proceedings

 

11.—(1) At any stage of the proceedings a party may apply for an order to be issued, varied or revoked or for a case management discussion or pre-hearing review to be held.

(2) An application for an order must be made not less than 10 days before the date of the hearing at which it is to be considered (if any) unless it is not reasonably practicable to do so, or the chairman or tribunal considers it in the interests of justice that shorter notice be allowed. The application must (unless a chairman orders otherwise) be in writing to the Employment Tribunal Office and include the case number for the proceedings and the reasons for the request. If the application is for a case management discussion or a pre-hearing review to be held, it must identify any orders sought.

(3) An application for an order must include an explanation of how the order would assist the tribunal or chairman in dealing with the proceedings efficiently and fairly.

(4) When a party is legally represented in relation to the application (except where the application is for a witness order described in rule 10(2)© only), that party or his representative must, at the same time as the application is sent to the Employment Tribunal Office, provide all other parties with the following information in writing —

(a)details of the application and the reasons why it is sought;

(b)notification that any objection to the application must be sent to the Employment Tribunal Office within 7 days of receiving the application, or before the date of the hearing (whichever date is the earlier);

©that any objection to the application must be copied to both the Employment Tribunal Office and all other parties;

and the party or his representative must confirm in writing to the Employment Tribunal Office that this rule has been complied with.

(5) Where a party is not legally represented in relation to the application, the Secretary shall inform all other parties of the matters listed in paragraphs (4)(a) to ©.

(6) A chairman may refuse a party’s application and if he does so the Secretary shall inform the parties in writing of such refusal unless the application is refused at a hearing.

Edited by Pusillanimous
Link to post
Share on other sites

I was going through my old emails and I found several emails I sent to my union representative virtually begging them to act for me when the discriminatory treatment escalated. Up on till the time I left to go on maternity leave there was no response from them. Can I rely on this fact in terms of my out of time issues? The continuous conduct argument seems strong but I want to be prepared for anything the respondents come up with.....Is there any cases I can use?

Link to post
Share on other sites

Claimants have argued that they were late because they were still going through the grievance or that their lawyers were tardy, all to no avail. Unions are notorious for not supporting cliams, so unless you have an unusual judge, it seems unlikely they would be sympathetic. The only extension I know of was on the grounds of mental illness disability (depression) so took the claimant 9 months. He had to go through many hearings just to establish that he was entitled to claim.

Link to post
Share on other sites

I have letters from my ENT Consultant and the community physiotherapist team confirming the worsening of the symptoms relating to my meneires disease and the onset of SPD i was heavily pregnant and in absolute agony and at the same time experiencing vertigo attacks so frequently that I could not get out of bed....I was signed of sick and proceeded to maternity leave. I was in no fit state to put an ET1 together but I would send the odd email to my union rep begging them to act on my behalf....that was my only recourse at the time so when they failed to act I returned to work hoping that the discriminatory treatment would not start again but it did...

Link to post
Share on other sites

  • 2 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...