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    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.   3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form: it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’ So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know. It seems it is dependent on the wording 'completed by registration' and 'is to be registered'??? Below is copied from Martin's MSE.  This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to decieve you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
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Ahhhhhhhh

Employment Tribunal - In Over My Head

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HELP!

I have claimed unfair dismissal following whistleblowing and have a 3 days hearing scheduled in September. Due to funds I didn't take on a solicitor, but I am very scared that I have bitten off more than I can chew and will ruin my case due to inexperience. I have had support previously from CAG but in honesty have never been in a position to make a donation, if anyone can help my I will make a donation of whatever I can afford.

 

So the situation, i was dismissed, 5 days before my 2 years service for a completely unfounded, ridiculous allegation of gross misconduct. I was actually suspended immediately after a grievence hearing which I had raised regarding my bad treatment whilst I was signed off work following and assault in the workplace. I was dismissed in my absence as I was infit to attend the disaplinary meeting and they refused to reschedule it.

 

I had prior to this made a disclosure, first an internal one through the correct internal channels, then to the licensing body because my concerns where dismissed which heightened my concerns and made things 100x worse. I know that they know it was me, and I have this in writing. As to I have emails in which HR and senior management discussed me and plans to dismiss me.

 

I also have notes of meetings about me which were held incorrectly and which were unfair and literally just going through the motions.

 

I appealed my dismissal on the grounds of whistleblowing and this was dismissed, although they waited until 3 days before the 3 months tribunal deadline to inform me of this.

 

I am now in a position where I need to send information as to what remedy I am asking the tribunal to award, this needs to be recieved by 4pm Monday and in honesty I don't know what to write nor how to word it.

 

Any help would be much appreciated!

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Have you brought a standard unfair dismissal claim as well as an automatically unfair one? The only reason I ask is that if you were dismissed five days before you hit the two year mark, your statutory notice of a week is added on so you are actually two days over the required two years service....

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Sadly not, as I didn't know that this was the case.

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You need to prepare a schedule of loss - a basic example can be found here - https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensatory-award/calculating-the-compensatory-award/employment-tribunals-preparing-a-schedule-of-loss/employment-tribunals-sample-schedule-of-loss/

 

You'd need (as a minimum) to calculate your basic award and compensatory award as well as applying a 25% uplift for their breach of the ACAS Code. If you're claiming detriment compensation regarding the WB claim then add that in too.

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You need to prepare a schedule of loss - a basic example can be found here - https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensatory-award/calculating-the-compensatory-award/employment-tribunals-preparing-a-schedule-of-loss/employment-tribunals-sample-schedule-of-loss/

 

You'd need (as a minimum) to calculate your basic award and compensatory award as well as applying a 25% uplift for their breach of the ACAS Code. If you're claiming detriment compensation regarding the WB claim then add that in too.

 

 

I have prepared this today. Which is to be submitted to them by 4pm Monday. I have asked for more than is realistic under injury to feelings, and more generally than I would expect as I am sure that they will want to settle out of court so would like some wiggle room to negotiate. Although for the loss of earning etc I have been exact as it is in the template that you sent. Do you think overestimating could hinder things?

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No. Your schedule is designed to reflect your best case scenario, not a realistic estimate of compensation.

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ahhhh...

how do you manage to remember how many h's :)

 

were you able to get any applicable union support?


IMO

:-):rant:

 

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It's 8. I have to count every time I log in!

 

I didn't, the industry is a very unique one and we have struggled to find a union that would represent us. One that the company would recognise.

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It's 8. I have to count every time I log in!

 

I didn't, the industry is a very unique one and we have struggled to find a union that would represent us. One that the company would recognise.

 

If it too specialised for a specialist union, go general. The GMB?.

The company may not have recognised it, but the union would still have been able to offer you support!.

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So I'm recieved a date for a preliminary hearing which is on Monday, the employer has contacted me with a list of questions that they require with a deadline of Friday. So I am on that now.

What can I expect to happen at the hearing?

Also, the employer sent me a request for information, with a deadline of the 20th June. They sent me a letter and an email with this request. The letter wasn't recieved until the 21st June.

They haven't sent me the ET3 officially, although their solicitor emailed me with a copy of it on the bottom of something else.

I fear that they are trying to be underhand in the hope that I miss something and they can use this to get the case struck out! They are complete crooks.

Could anyone advise me on the best thing to do.

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If it too specialised for a specialist union, go general. The GMB?.

The company may not have recognised it, but the union would still have been able to offer you support!.

 

 

But how would this help if I have never paid I to a union? Surely they wouldn't help me.

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not sure.

have you also tried the cab or a pro bono/free representation unit


IMO

:-):rant:

 

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Most people represent themselves in the Tribunal and the Tribunal makes allowance for them.

 

But you really need to up your game. The Respondent would be very brutal so you need to do a lot of research.

 

I honestly think it is too late to join a union now.

 

Regarding free advice I wouldn't count on it. Great if you get it but I wouldn't place my hope in it.

 

Your best chance at this stage is you, you need to step up if not the Respondent is going to crush you.

 

Like I said earlier a lot of people represent themselves and win so I don't see why you can't

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So I attended the second preliminary hearing yesterday, in which the respondent (who have a new, very good barrister) tried to get me to agree to splitting the hearing and doing litigation in one then remedy in another. I didn't sgree, I felt that they were trying to get the upper hand in doing this. I heard the barrister tell his client that 'it would be a lot cheaper.' What did he mean? Is that that he thinks he can win and not have the second hearing or is it that they would have attempted to settle before a full hearing and this way they would settle with a decision and possibly win.

 

After I refused to go ahead with it. The judge raised the question of judicial mediation, the barrister didn't know if his client wanted to do this and asked for 7 days for a decision. Am I right in being positive at this?

 

To add detail, my claim is for whistleblowing and I have extremely strong evidence.

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I've merged your threads to keep the information together. Please stick to one thread for the ET. :)

 

HB


Illegitimi non carborundum

 

 

 

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I though perhaps making a different thread might help me to get some responses. Apologies.

 

An update, and another plea for help.

During the preliminary hearing, the respondent got to spend an hour reading my statements, didn't give me theirs, and ensured that the deadline for statements is now December giving them tonnes of time to change their statements to contradict mine!! I've written to the court asking them to strike out the respondents evidence, going to far quite possibly but it seems crazy to me that experienced barristers should be allowed to be so underhand and just get away with! Thus jeopardising my case and preventing justice from being done.

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in which the respondent .... tried to get me to agree to splitting the hearing and doing litigation in one then remedy in another. I didn't sgree,

...... I heard the barrister tell his client that 'it would be a lot cheaper.' What did he mean?

 

 

Used when they are arguing both:

a) "liability" ; that they aren't liable for the damages, and

b) "quantum" ; if they are found liable for some damages they disagree as to the value claimed, and also

 

Usually when an expert would need to be instructed to come up with a value for the damages.

 

The cost of the process for "quantum" [part b)] (including the cost of the expert) can be avoided if they aren't found liable for anything at the "liability stage", hence the reason to ask for a "split trial" to "reduce costs".

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