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    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Sickness pay removed while off work


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Hi all,

 

I'd be grateful for a little advice on the problem I've had at work recently.

 

I injured my wrist in a football match in March, but carried on working for six weeks until the injury got worse and I eventually had to go to a doctor. I was signed off completely for two weeks and given a wrist splint to wear. A few days later I was due to appear in a Cup final for my football team, so I asked the doctor and he said I would be ok to play as long as I wore the splint.

 

My employer has a policy of four weeks full pay when signed off by a doctor - at the employers discretion. I was told by HR I would receive full pay while I was off. I was signed off on the Friday, and played football on the Monday (about 20 mins as a substitute).

 

The following Thursday I received a letter, along with photos from my facebook page and a match report, stating that I would not be paid sick pay as my actions were deemed 'irresponsible and likely to impinge on my return to work'. The letter said they would only pay SSP or suggested I could get my doctor to change the note to light duties and return on full pay performing light duties.

 

I wanted to take the two weeks off as the repetitive nature of my work in a warehouse would cause problems to my wrist, but as they refused sick pay, and I can't afford to live on SSP, I suggested a compromise that I take the two weeks as holiday before returning on light duties, to which they agreed.

 

In the first two days that I was signed off, my manager had viewed my linkedin profile, and I had messages from two friends at work to say they had overheard him discussing my personal circumstances with other members of staff both in the warehouse and office. He had obviously also printed photos from my facebook page and the match report which were posted to me.

 

During the two weeks I was off I saw a consultant at hospital and was diagnosed with a problem with my tendons and am awaiting an MRI scan to assess whether I will need surgery.

 

On my return to work I handed in a sick note from the hospital which put me on light duties for six weeks while we wait for the scan appointment. I have been asked to undertake telephonist duties in the office. The same day my manager viewed my linkedin profile again. (I work as a freelance writer in my spare time, so I assume he was trying to find something incriminating against me). I have been typing one-handed as I can't use my left hand.

 

Neither my manager nor the director who signed off the letter have spoken to me since I returned (four weeks ago), and last week I decided to hand in my notice, as I feel that it will be very difficult to return to work in the warehouse.

 

I don't really know where I stand here. I can understand the company's issue with me playing football, but I did explain in an email exchange that I took my doctors advice, so I don't think my actions were irresponsible.

 

A friend who is in HR (different company) said she thought they should have called me in for a meeting to discuss or held an investigation to establish the facts, rather than just sending me a letter removing my sickness benefit.

 

Just to put this in perspective - a colleague broke his wrist last year and was given a full month's sick pay. He plays lead guitar in a band and freely admitted to 'drinking his way through the pain' to perform at gigs while on sick pay. Our manager also happens to be his brother-in-law and band manager!

 

So I feel it is a little hypocritical to get hung up on me playing 20 minutes of football, although I would accept two wrongs don't make a right.

 

Sorry to ramble on so much, but any thoughts would be appreciated, thanks in advance...

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You've resigned - I'm not entirely sure what advice you are looking for, as that will bring the matter to an end?

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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Sorry, should have said. I wondered if there is a case for constructive dismissal? My friend is saying that they should have followed the correct HR procedures of holding a meeting etc. I didn't really want to resign, as I may be unable to work for some time after an operation, but the atmosphere at work is hard to deal with. Also the digging by my manager on social media as well as discussing me with other general members of staff feels a little off? Maybe he's done nothing wrong though?

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You needed to follow your company's grievence procedure. You also need 2 years continueous service to bring a constructive dismissal claim.

 

Sadly this looks like it could of been resolved via the grievance procedure so the tribunal would not look favorably on your case. By failing to follow the procedures the tribunal can cut any award by up to 50% anyway

 

You *might* be able to lodge a comprehensive grievance now and say you felt bullied into resigning but now wish to withdraw your resignation. You would need to get written statements from those who overheard the manager talking about your circumstances publicly. If proven this would be a breach of "mutual trust and confidence" which is an implied term in law for any employment contract. Yes im sure they should of conducted an investigation rather than just cut your sick pay. That to me sounds like a disciplinary action taken without an investigation or disciplinary.

 

I also suggest you turn on your privacy settings so NOONE from work can see your profiles.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Nothing in law says they have to have a meeting. So there's no breach of anything but good practice - which isn't enough for court.

 

I can also kinda see the bosses point - can't work, can play footie? I would be asking questions too. Admittedly he's done it in a right cak-handed way, but no - there's no case here.

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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Thanks. I have five and a half years service. I thought about raising a grievance, but it states in the company handbook that an employee *may* be suspended without pay while an investigation into a grievance takes place. I can't really risk being suspended without pay.

 

If it turns out that they didn't follow the correct procedure by undertaking an investigation, do I have any grounds for a claim/complaint?

 

Also, I had a (civil) email exchange with the director where I explained my situation and asked him to change his decision, to which he refused. Would this class as an 'investigatory meeting'?

 

Thanks

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if your contract / employee handbook says sick pay is discretionary (and the majority do) you're stuffed. They followed your fit note instructions. That's all they have to do. Nothing more.

 

What qualifications does your advising friend have in HR?

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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Suspended Without Pay

 

That is also wrong as unpaid suspension is a disciplinary action.

 

I disagree with Emmzzi, if your sick pay is part of your T+Cs then to remove it is again a form of punishment without you having the oppertunity to respond to the investigation.

Employe relations act does force companies to have a Minimum Standard of greivance and Disciplinary procedure that they must abide by (unless it is summary dismissal for serious gross misconduct)

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I disagree with Emmzzi, if your sick pay is part of your T+Cs then to remove it is again a form of punishment without you having the oppertunity to respond to the investigation.

Employe relations act does force companies to have a Minimum Standard of greivance and Disciplinary procedure that they must abide by (unless it is summary dismissal for serious gross misconduct)[/url]

 

That's why I asked if it says "discretionary." If it does, no dice.

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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It is discretionary, but I'm not sure that they followed my fit note instructions?

 

For the first two weeks I was signed off 'not fit for work', it has only been thereafter that I have been signed off on 'light duties'.

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Sorry, I see what you mean. They used their 'discretion' not to pay me.

 

I suppose it only sticks in the craw a bit because my colleague (less than 3 months service) was given a months sick pay under very similar circumstances, while I have been vilified despite taking the advice of my doctor.

 

I guess that's the nature of work though? It helps to be related to your manager!

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I'm still a little confused here. Is removing my sick pay classed as a form of disciplinary action?

 

If so, then surely by ACAS guidelines they should have had an investigation and a meeting?

 

I realise it is discretionary, but having awarded sick pay can they just take it back under 'discretion' or would that class as disciplinary action?

 

I also read somewhere that there are grounds for discrimination if one employee is given a benefit, but another is denied under similar circumstances?

 

Apologies for all the questions!

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No, not disciplinary. Did you get SSP instead?

 

Not all discrimination is illegal. Only on race, gender etc grounds.

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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Sorry - I see you were offered SSP and took holiday instead. That's very fair - at my place you can't do that when unwell.

 

Really you have no case. Best to put your energy into join hunting, and next time ask the bosses opinion before, not after, the match.

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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Have you considered that by plastering it all over facebook you were rubbing your company's noses in the dirt and made your position extremely difficult by bringing them (in the eyes of some) into disrepute and it certainly hardens attitudes and stances. If you want a private life keep it private.

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Not really pal. I didn't plaster it all over Facebook...I posted pictures only my freinds could see. I'm not friends with anyone at the company. As I had my doctors approval and my boss already knew I was playing, I don't really think it constitutes bringing the company into disrepute?!

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