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    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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      • 33 replies

Staff Nurse off sick for 7 months, Whats the end result??


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Hello Everyone,

 

I hope this has gone in the right thread

Im really hoping for some great advice here, - Although i'm confident i will receive it,

 

Im writing on behalf of my sister. Here is some background information which will help picture our crisis.

 

My sister is 27, a qualified staff nurse, caring, loving and kind.She has fibromyalgia a chronic widespread musculoskeletal pain and fatigue disorder

When she first started nursing she was put on HDU

a high dependency ward, A highly stressful ward when first qualified. In time my sister became depressed and was put on anti-depressants, But also moved wards to somewhere she was happier.She was on these for 5 years, In between this she had a long term boyfriend, Whom she loved very much and was her one and only boyfriend so never knew any different.

 

He cheated on her 3 times She found out and left him, Then when she was at a low ebb he wore her down and begged for forgiveness, This went on for a year until she finally gave in. Whilst they had been apart he had found another girlfriend who became pregnant, My sister accepted the child and they were ok for around a year or so, Until she read through his emails and found out he had been messaging and meeting tran-sexuals. This obviously devastated her, she questioned his sexuality and couldnt understand what was wrong with her. She had to go for all the sexual health tests, saying thats she felt dirty and that no one would ever want a relationship with her again as he had passed herepes on to her.

 

In November 2014 she was signed off sickicon due to the fibromyalgia and trauma she had just suffered. She was put on Sertraline antidepressants. as well as this she was also take Amitriptyline, for pain( but is also used as an antidepressant)

Zopiclone as she had trouble sleeping, gabapentin a painkiller used for the nervous system, and Diazepam.

 

2 months ago she came out in an angry rash on her face, She went up to A and E with my mum, Whilst waiting to be seen she fainted, and banged her head that hard she was knocked unconcious.

 

Her mental state has since got gradually worse and we now have the crisis team coming out regular with a physiatrist who has now diagnosed her with hypomania, and was very close to being sectioned if it hadnt have been that my parents are both at home every day.

 

Her mood fluctuates between aggressive, emotinal and manic, She often wanders off without telling anyone and is a danger to herself, She is very confused and cannot be left alone. You cannot have a conversation with her because they are so random you cannot make head nor tail of them.

 

She is still off work now and it has been 7 months. She is too poorly to go back to work but The hospital are pushing and pushing and now has a final meeting on the 22nd june for a final outcome as to what it to happen, My parents have not told my sister this yet, but she wouldnt be well enough to attend this anyway.

Her sick pay has now reduced to £81 a week and she cannot afford to live. She has a large amount of outgoings that need to be paid for, She is still living at home with my parents but they are both self employed with very little income coming in to this house.

My parents outgoings are around £1,200 a month and my sisters the same.

 

Here are my sisters outgoings

Credit card with Barclaycard £160 a month-* Due at the end of June

Credit card with halifaxicon - £130 a month Overdue by 2 weeks

car finance payment £110 ( Due the next fortnight, Taken over 4 years with Black horse. 1 year owned.

Gap insurance for the car and service plans £60 due around the next fortnight

Phone bill 02 £40 month

RCN ( royal college of nursing payment ) £20 monthly Due in the next fortnight

Tesco bank Loan £300 Due in the next fortnight

Halifax bank Loan £300 Due in the next fortnight

Overdraft £1,200 Santandericon

 

So in a nutshell If you could help with the below questions i would be so grateful, As i really want to help my parents and sister but im not sure where to start.

 

1: What rights does my sister have with regards to her job as a nurse? Can the NHS sack her?

2: What can be done about the incurring payments due to be paid with credit cards, loans, finance etc can be done?

 

I really appreciate your time taking to read this and any help would be so gratefully received.

If i have missed any information out that would be needed please ask.

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It depends on lots of things, from the sound of it your sister is unlikely to return to work in a reasonable time frame, so under the Agenda for Change Terms and Conditions her half pay will run for three months and then she will be on no pay.

 

Effectively, yes, they can 'sack' her as she has no prospect of returning to work even part time.

 

There are various charities who can help 'distressed nurses' and the best place to go would be a mental health charity who could help with the debts.

 

To deal with your sisters debts you would need to get her to sign a letter saying you are dealing with them due to her medical condition and then write to everyone offering £1 a month whilst you are assessing the longer term situation.

 

Don't get involved in an IVA or anything like that as it wouldn't help in the long term.

 

What your sister needs now is help and support above and beyond that you normally give her - worrying about getting back to work too soon is not going to help.

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I think keep this thread for the health issues side of things and keep the other for help with the debts.

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  • 3 weeks later...

I see that your sister pays the RCN so she (or you on her behalf) should contact them. I don't know what you know about the RCN so please don't think I am being patronising if I am telling you things you already know. The RCN is one of the nursing unions (they actually do more than that but its one of the things they do and the one that's important here), they have helplines that you can call for advice and can send someone to advocate for her at the meeting, I assume they could attend on her behalf if she is unable. They can also advise on the financial side of things, and I am sure they run a debt help program of some sort. They would be the best people to advise I think as they are used to dealing with similar situations and regularly represent nurses at meetings such as the one your sister has been asked to attend. This is a link to the support section of their website http://www.rcn.org.uk/support

 

 

As sillygirl1 said above, there are also a few charities out there that may be able to help but personally I think you sister has paid her union fees for however long and now is the time to use them.

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  • 5 months later...

Not sure if its the same but my wife was recently off ill for a year as a nurse.

She had full pay for 6, plus half-pay PLUS SSP on top for another 6. After this it was zero.

 

They were starting to make moves to follow the process to get rid of her. But it was all moving very slowly. PArt of the process was they had to give her 3 months of 'redeployment' where she had 3 months to find another role within the trust that she might be able to do.

 

Fortunately, she could no longer do her original role due to her health, but shes now doing something else. Could your sister consider this?

 

Also, I know if it'd gone to termination they would have to pay 3 months notice pay as well.

 

Seems pretty unlucky that after 7 months they're rushing it all through but I guess it differs from trust to trust.

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  • 7 months later...
Not sure if its the same but my wife was recently off ill for a year as a nurse.

She had full pay for 6, plus half-pay PLUS SSP on top for another 6. After this it was zero.

 

They were starting to make moves to follow the process to get rid of her. But it was all moving very slowly. PArt of the process was they had to give her 3 months of 'redeployment' where she had 3 months to find another role within the trust that she might be able to do.

 

Fortunately, she could no longer do her original role due to her health, but shes now doing something else. Could your sister consider this?

 

Also, I know if it'd gone to termination they would have to pay 3 months notice pay as well.

 

Seems pretty unlucky that after 7 months they're rushing it all through but I guess it differs from trust to trust.

 

all depends on NHS service with regard to duration of Occupational sick pay

 

same with notice when employment is terminated

 

if OH are saying there is not a relaistic chance of her retruning to an RN role within the foreseeable the employer would move to dismiss on capability grounds.

 

redeployment is not an option, however alternative employment in different role with the organisation may be an option

 

i would also suggest that at some point she will be referred to NMC on health grounds as someone ill enough to be sectioned does demonstrate impaired fitness to practice ( as sectioning is used where peopel don't have capacity )

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  • 3 months later...

Way too many medications, she seems to have impaired fitness to practicebe mentally. I wonder whether she really needs medication for sleeping as they're addictive. Through overmedicating dependence on chemical solution only will increase. Did she try any counselling, psychotheraphy which could help her to change her behaviour, being more independent, etc.?

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