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    • ,OK  Firstly forget about court , at least for now and possibly for ever, dont pay any fees direct to anyone. NO one has ever won a case over something like this, however, many have suffered £1000 in costs for following inaccurate advice.   I suppose this will be arrears of payment for rent or damages to next door. Was it the same Bailiff company enforcing this as performed the possession? Anyway.   Forgive me if you have already replied to the following. Was a Notice of enforcement received, where was it addressed. Where in the timeline was it sent, before the CCJ or after, if so how long after.   The reason for this Is, if the order of enforcement had not been received by the bailiff or until alter the warrant was issued to your friend, you could have bought the car, with no repercussions.   £500, probably get £50 to 100 at auction, after costs, just not enough in it for them I think they will be convinced you know where he is, hence the pressure. I dont think they will be interested in the car or anything else from you,    I did notice someone saying that VAT are not payable on HCEO fees. They are of course. These Bailiffs are self employed and therefore liable for tax. The mentions I have seen refer to the Firm of HCEO who are not self employed themselves of course.   The creditor firm may be asked to pay VAT on the fees he has to pay the HCEO business(to start enforcement for instance), and it is those fees that he may be able to reclaim though his own business account, in the normal way. You cannot reclaim tax someone else has paid, unfortunately.   If you suspect fees are out of order, first step is always complain to the bailiff and the creditor. Court is never necessary in these circumstances, no legitimate adviser would ever bring the subject of  high court hearing up. Ludicrous nonesense.
    • Why would you think you could not do so ?   Visits to US are subject to US entry rules.   If you have a debt owing in an Islamic country such as Saudi Arabia, UAE, they have some court registration system, which may mean that it is noted when you attempted to visit a Middle Eastern country . You may then be stopped at the border and possibly detained while the debt issue is dealt with.
    • We're way past Feb 2019 - did you mean 2020 ?   In any event, never mind a refund - if you're not welcome at the gym, cancel the DD mandate immediately.   Don't bother with what Harlands tell you and don't speak to them at all, for any reason ! They tell porkies and have nothing at all to do with you being unwelcome at the gym.   Let us know how it goes with the No Win , No Fee solicitor.   😎
    • It was not retweeted by Trump, in fact his press secretary Stephanie Grisham said he ''strongly condems'' what he's heard of it even though she claims he hasn't yet seen it .     It has been widely criticised for being in extremely bad taste. If even Trump thinks it's over top what does it say about the decision to post it here?    
    • as post 7^^^ fee is due to be paid by 25th oct. your WS is due 2 weeks before the court hearing in nov IF lowells pay the fee!!   are your next move
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Hi all.

My other half is currently on sick leave and has handed notice in giving the minimal contractual notice. There has been ongoing issues with various staff members, which despite raising a grievance (currently postponed due to work related mental health, despite requesting reasonable adjustments) has had no choice but to resign. There are various issues, possibly too much to detail here, and with union unwilling to help, we have had to go it alone. The content of the resignation letter is for constructive dismissal, although a solicitor said they couldn't help,  possibly due to time/money. We have had to study employment law,policies e.t.c. and we understand what we have, also notice periods regarding such dismissal. Anyway, all that aside, recent communication has requested attending an emergency O.H. appointment on the grounds that other half may have resigned whilst absent and not capable of making that decision. I haven't stated the exact wording but it suggests that they are worried the decision has been made to resign may have been made without being of sound mind. We understand a resignation cannot be refused but are confused as to why this is happening, having had an O.H. appointment last week. Could this be stalling tactics and if so for what gain? Could this be there way of dismissal on the grounds of capability and if so why? 

Any questions and help greatly appreciated. I have used this website a couple of times in the past, (forgotten password and old email),with great help and advice given.

 

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Posted (edited)

Don't read anything into this. Until such time as notice expires, he is still employed under normal terms. Requesting OH is a sensible and standard approach given the circumstances. They wish to be assured that the employee wishes to resign and that this is not solely a result of their mental health condition, and something they might later regret having done.

 

I appreciate you haven't given many details, but you have given enough for me to be relatively confident that the solicitor is not saying they can't help you because of time or money, but because you have a poor case. The bar for constructive dismissal is very high. Very few cases succeed. You are incorrect in saying that he had no choice but to resign. He had the choice to focus on improving his health and then returning to the grievance. Given you are saying that he has poor mental health right now - albeit you allege that this is work related - it is entirely reasonable of the employer to say that they wish to postpone the hearing of a grievance until the lesson is fit to fully participate. Proceeding could cause further deterioriation in his health and that could be laid at their door if they proceed. So he had given them no opportunity to resolve the grievance, which is one of the first tests of constructive unfair dismissal - that the employee either has exhausted the employers internal processes, or that the beach is so serious and significant as to justify immediate resignation (clearly not the case here). 

 

I'm going to be blunt. "His union won't help" - or is that they don't think he has a case? "A solicitor won't help" - or is that that they don't think he has a case? Based on the information here, I think his argument is very weak - I would question whether he has a case. When everyone is telling you that they "can't help" it isn't sensible to take the approach that they don't want to, as opposed to the fact that your conclusions might be wrong. If you are simply aiming for, hopefully, some form of economic settlement prior to a tribunal, which some employers may pursue, then that is your choice (or rather, his choice) and risk. But be clear that that is what you  are doing. If you are aiming to win a tribunal, or if the employer isn't minded to settle first, please bear in mind that no matter what he is currently experiencing as a result of all this, that is nothing compared to the stress of a tribunal and the prolonged process it involves. That is regardless of all the actual "facts", none of which I know from this, but which will be used as mallets against your husband - if this gets into a tribunal, or even heading to tribunal, it will be no holds barred. And he will be the target of that. 

 

So I'm going to advise you to think very carefully about whether their ask is actually a silver lining and not a trap. He has the opportunity to withdraw his resignation, spend some time getting better and then go into a grievance process from a stronger position, health wise at least. I can definitely tell you that, from substantial experience, it is the grievance process that not only improves your chances of winning a constructive dismissal case (although the odds are still heavily against you), but also that it may actually help by providing you with confirmatory evidence to use. Again, those things are true regardless of whether or not I know the detail of his grievance. 

Edited by sangie5952

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