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merlyn2003

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Everything posted by merlyn2003

  1. Contract says 30 days as it should usually take 10 - 28 days according to CRB web site. In reality it is rare for a reply to an application within 90 days. I was suspended after 90 days! My employer has been very helpfull and are keeping my job open as they are fully aware that it is not my fault.
  2. Satisfactory CRB is required for employment. The business funtions within the law! It has been since the government made it law for anyone who works in a care capacity or as a teacher, nurse, doctor, dentist, socialworker ++++.. The business is making admin staff redundant and has no possitions available. They require all admin staff obtain a Satisfactory CRB as they will have to work with clients over the phone and somtimes clients or their families visit the office. Both myself and my employer have repetedly contacted the CRB but they just say it is being processed! "They cannot give any further information" I began work having provided a CRB... They must be checked periodicaly for any company to continue to allow you to legaly work. It is now 201 full days.
  3. 40 hours per week contracted. No alternative work available with them as passing a CRB is a legal requirment! Next stage if the CRB is not sent will result in immediate termination of employment and employment records being passes to the CQC and police for investigation. That information will be recorded on a CRB I am lead to believe and will result in me being lucky to work as a street sweeper!
  4. I changed jobs from one care company that went into administration to another earlier this year. As required my CRB request went in. Some 200 days later I have still not received my CRB report. As a result I have been suspended from work with no income. I have contacted the agency and a number of other agencies with the numbers and reference numbers that have been provided. I am getting into more and more debt. I have a job a very good job but I cant work because of incompetence on the part of a government agency. I was told by CAB that I could claim loss of earnings but no solicitor will touch it! I am now on JSA. In 7 years of providing Enhanced CRB's annually to my employers nothing has been shown on them and I have never been arrested. PLEASE HELP!
  5. I don't get called to assesments because I have a GENETIC disorder! I have been receiving hospital care for my condition since 1980 four years after I was born!!! I live in a depersonalized state as do all the male members of my family including my Nephew. I've been found fit for work and put in the work group for ESA. It does not bother me...!
  6. For each employee that suffers from a MENTAL illness that is likley to be affected by work or an individual that is likley to suffer injury because of a mental incapacity I have looked ONLINE for providers of Public Liability Insurance for Business and Employee Liability Insurance. Employee Liability Insurance would increase for each employee that has a mental incapacity and the cheapest adjustment PER EMPLOYEE is £49,990PA that is with a company that only provides insurance to companies that employ 100,000+ I have not been able to find an insurance provider that will insure a person with a Mental incapacity to work with the public! I have TRIED I have even contacted a number of them by E-Mail and they have replied in chorus that they would have to conduct a full assessment of the individual before providing a quote & that it would in all likleyhood be prohibitivly expensive even for multinationals! I should add that the quotes are based on the individual working a maximum of 16 hours per week under qualified supervision. All employees of the business are REQUIRED to pass the ENHANCED CRB to continue working with a vulnerable individual! IT IS THE LAW!! Remember NO WIN NO FEE! Put simply to employ 1 individual for 16 hours per week at minimum wage earning a maximum of £5058.56 before tax, an employer would have to pay insurance of aprox £100,000PA, medical assesments that would be conducted by private organisations required by their insurers costing aprox £500pcm, conduct an assesment of their physical and mental needs before and after each shift, employ a qualified individual at a price relative to their experience and qualifications and to shadow and supervise the individual and leaise with numerous government departments! Even simpler! If an individual works on a voluntry basis in a shop the insurance liability would be a minimum of £100,000 for that organisation, if the manager of that shop failed even once to complete a "Risk Assesment" before a shift that insurance would be invalid! (www.volunteering.org.uk)
  7. They have reinstated my pay in full. The only problem is that they will not pay it till the next pay day. Meanwhile I am being charged £40 per day for being late on my rent and I have been charged for bounced direct debits, late payments and overdraft charges that I would not have been charged if they had paid me on time. All the charges for this month add up to 3 months pay and thats not including the fact I still owe the payments. What should I do?? Please help.
  8. The Rota shows me on Annual Leave from the 8th of April - 6th May 2011 The Disciplinary is for Unauthorised Abcence between 11th April - 6th May 2011 The meeting was allegedly on the 11th April 2011. However I was only invited to "pop in" to discuss my return to work before my AL expired. The letter revoking my Annual Leave was dated 12th April 2011 I was informed on the 16th April 2011 that I was not to contact any LA employee and that they had been told not to communicate with me. I have been formally notified that the Disciplinary is on the 6th of May 2011 before the head of service, HR representative and my Line manager for Unauthorised Abcence. I am not a Union Member.
  9. Simple answer. If you are paid late by your employer or a bank error then you are entitled to claim Compensation from your employer or bank (be sure who) for expenses and costs related to the error. e.g. Bank Charges, Late payment fees, ECT. But you must show that they made the error. Your contract will show this as it will state your normal pay date (on or last working day before a day/date) If your employer refuses to pay these costs then you can claim through the small claims courts (maximum claim value apply's) or through a Solicitors. You can also claim any costs in recovering these monies. If your employer does anything to punish you for such actions they will commit an offence.
  10. I have all the evidence as it's been sent to my G-mail account and is all digitally signed. My friend has read the Letters and E-mails I have been sent and is of the opinion that I am being subject to harasment by an Individual that is commiting career suicide and taking her employer with her. He cant believe that this would be done with HR approval but all the letters and E-mails have been CC'd to HR and her DIRECT Superior. If this was not the official position of the LA I am sure that another department would have stepped in and taken over the case HR or Legal. My friend is pressing me to contact a Solicitor, he has even given me his families solicitor details to call on Tuesday and he has said he will have the Solicitor Visit me at home next week. Should I? What I have mentioned is just the 3 months of issues I have had many more issues over the last 3 years. My last employee appraisel She described me as a Fairy.
  11. The monday after the leave began! HR say that I would have an opportunity to present a defence at my disiplinary. Please remember that I have been informed not to contact any LA employees and my Line manager has informed them NOT to contact me.. She even sent that E-mail to me. My GP has sent them a letter to inform them that I will be unable to attend the 'Hearing' due to my Ill health (worsened by this whole affair).
  12. The tip of the issue is that I was phoned and told that I was on Accrued Annual Leave whether I liked it or not! I was told to pop in at some time to discuss my return to work. I was told that my Line Manager would be available "FROM" Monday but I could pop in and see her on any day as I had been sent the Rotas for the next 4 weeks. NO appointment was set! On the Tuesday she sent a digitally signed letter with no reference numbers (unusual) but CC'd the HR department that stated that as I didn't attend a meeting that she aranged on the Monday without informing me that she was treating my abcence as unauthorised backdated leave and that I may have been confused. Quote from letter: "You may have been confused, believing that you were on Annual Leave however this was never agreed" I was not asked if I wanted the Leave nor was I offered the Leave! I was informed that I was being placed on Leave and that I had no choice! I don't see any confusion there!
  13. Seek legal advice. All employers are required to keep an accident/injury book. If your employer has failed to keep such a book they are in breach of their obligations under the health and safety act and may be in breach of their employee liability insurance terms and conditions. At the end of each working day/shift if no accidents or injurys have occured they should note it in the book. If they haven't or they can not show that they have a named first aider (subject to legal requirements) filling in the book for each day/shift or a duty manager doing the same (even if the only entry is "No reported Accidents/Injuries" with a signiture) they have not maintained the required documentation. Even if an employee has a pre-existing condition that has been agrivated by normal working practices it should be noted. Best advice is that if your employer has not taken steps to adapt your working environment or practices to prevent further injury or looked at redeployment within the company you may be able to claim disability discrimination or unfair dismissal. Thats all the advice I can offer, I hope it helps.
  14. I received aproval for 4 weeks Annual Leave. My Leave began on the Friday but because I did not attend a meeting on the Monday my Leave was withdrawn and my employer has decided that I should attend a disciplinery to determine my continued employment. Another employee also on Annual Leave that week is not being subjected to the same procedure. It seems that I am the only person that was invited to this meeting and the only person not informed of it. As the work Rotas for the month clearly show me as being on Annual Leave for this period is it legal for an employer to write to you 5 Days into your Annual Leave telling you that as you didn't attend the meeting you were being treated as being on Unauthorised Leave and that "you may have been confused in believing that you were on Annual Leave" I have electronically signed copies of the Rotas sent to me by E-mail by my Employer that clearly show me as being on Annual Leave. I have been working in this job for 3 years. I was off sick for 4 months. I got a phased return to work but my employer decided that it would be best if I took my carry over Anual Leave from last year to be sure I was ready to return. Hence the 4 weeks leave. My employer has been very supportive with up to 5 phone calls per day landline and mobile with voice mails left on both as well as E-mails and letters all urging me to return to work. Some have been a little aggressive and thretening but all encoraged me to obtain a Phased Return To Work. Aparently a Phased Return To Work means that I am Fully Fit To Return To Work. I am not a union member and the Union representative that I work with has said 'They cannot help me as they have been told by my employer not to communicate with me' I am at a loss for what to do..! In fact my employer is refusing to communicate with me and has instructed all my work collegues not to communicate with me. My employer has not paid me for the period they claim I was on Unauthorised Leave, leaving me with NO MONEY to pay my bills! Is this fair and legal or is this Unfair Dismissal?
  15. His employment began 3 years ago. He attended all but one of the OH appointments. He has copies. In one it clearly states that he is covered by the disabilities discrimination act and it also states that he 'may' have a claim in tribunal should his employment be terminated. The statement was included in the report as a question was asked about termination of employment by his employer. He has taken to his bed and is refusing to communicate with anyone at the moment and what he does say is incoherent. I think the only option I could provide is to write to his GP and the mental health team to express concern. I doubt it will do much to help but I am short on options as we are not related only friends.
  16. Before reading please note that his employer knew of his mental health issues and his application was assisted by a back to work service. My friend was signed off sick in November with Depression and Panic Attacks. He remained off sick with a sick note until recently. While my friend was off sick he would often be called on both a shared landline, his mobile and also sent E-Mails. His employer would often leave voicemail for him on both the landline and his mobile before sending him an E-mail to inform him that they had tried to contact him sometimes up to 5 times in a day. At the same time his employer arranged numerous appointments for him with the Occupational Health Service for reports to be sent to them, with the threat that if he did not attend he would be subject to disciplinary procedures. He was also "required" to attend Back to Work meetings and subjected to a home visit, again under threat of disciplinary action. In each of these meetings he was encouraged to seek a "phased return to work" note from his GP and Re-deployment was repeatedly mentioned. He was and is not ready for that and all this pressure has made him worse. He is on the highest dose of the medication he is prescribed and on the two occasions that he has run out of this medication he has become self-destructive, incoherent and hears voices. However he has become convinced he is feeling better and because his employer has suggested a phased return to work he managed to get a phased return to work certificate. After he sent it in he was given an appointment to attend a back to work meeting and discuss his "significant accrued holiday". That letter started a week of hell in that he believed that they were indicating that he was not wanted back. After four days of him not sleeping and becoming ever more incoherent he finally collapsed. This caused him to miss the appointment and another flurry of calls from his employer and an E-mail telling him that his not being at work was being treated as an unauthorised absence back dated to the date of the phased return certificate to the present. He was sent an E-mail asking him to go into work to talk to his supervisor which he did, however when he got there she refused to talk to him as she had been advised not to by HR as they were taking his unauthorised leave further. That caused him extreme distress. Today he received a letter informing him of the date of his disciplinary for his unauthorised absence and the letter specifically states that it is to assess his continued employment. I am dreading what events are to come and don’t know what to do. I do know that at some point over the next few days there will be a reaction as he has not reacted to the letter YET! Any help would be appreciated as he does not understand why when he did what they wanted him to he is being punished. I'm not even sure that his doctor or the mental health services are fully aware of his condition as he is unable to fully articulate himself in stressful situations. He is not fit to attend a disciplinary or deal with any complex issues and I believe that hearing negative statements made about him will result in a self-destructive response. The hounding he has received since sending in his sick note has been alarming even to me as an outside observer. Sending him a letter saying that if he sends in another sick note his employment will be reassessed every time his old one is about to expire is just threatening.
  17. My Landlord / Letting Agent has not serviced the gas boiler since early 2009 (19 months) I have reminded them about it several times and they have still not arranged for it to be serviced. There is an intermitent fault on the boiler and after a number of phone calls a plumber arrived but as the fault was not showing when he arrived he refused to touch the boiler and left. Who can I report it to? Secondly as my rent is less that £25000 PA I understand that my landlord is required to pay my deposit into a recognised protection scheme within 14 days of payment and also inform me who is being used. This has not happened. I have asked on several occasions and been told that it would be placed in a scheme and the last promise that it would be sorted was made in May 2010. I understand I am entitled to compensation of upto 3 times the value of the deposit. Who do I report it to? Please help.
  18. I have no way of contacting the landlord and have never met him. The previous letting agents said he lives in Spain and the 'new' letting agents say he lives in Ireland. The new agents even got his name wrong..? The old agent has not paid our deposit into a Deposit Protection Scheme and we had to provide proof that we paid it! I feel like I have been giving every deatail about my financial life to these people and received nothing back.
  19. I have had 2 visits from a company thepropertygroupuk.com Saying that they are the new letting agents of my landlord. They have told me not to contact the previous letting agents. They promised a new tennency agreement 2 weeks ago but have not contacted me since. The rent is due on 01/07 and after contacting them today by telephone they gave me an account number to pay the rent into. I have as yet received nothing in writing other than a with compliments slip they left for me. I am concerned! Who should I pay the rent to? The company I have signed a tenancy agreement with even though it is 9 months out of date OR this new company that I have nothing in writing with??? Please help.....
  20. If the people living in the property have a tennancy agreement then it does not matter that the property has been repossessed. The owner of the property has a contract of supply with the tennant/s If the property changes hands (even if reposessed) the contract still stands. The property administrator or new owner must give notice to quit in writing. Unless the court that granted the possession order disolved the tenancy agrement/s and also granted an eviction order and notice was served to each of the registered tennants it would be unlawfull for the locks to be changed. It would be a contractual breach by the landlord (bank, administrators, receivers, new owner) and the words 'no win no fee' pop to mind. If a lawfull eviction notice has not been provided and locks have been changed preventing tennants from recovering their property on a property where the rent has been paid then tennants could argue that an unwarented and unlawfull seisure of their property has taken place.
  21. March 2009 I moved into a house and since then no repairs have been done on any issues. On the day I signed the tenancy agreement I repeorted to the agent while she was in the house several faults. Cracked window in bathroom. Light fitting hanging off ceiling in the bathroom. Rotton wood panneling around the shower. Broken electical sockets in the bedrooms. Missing light fitting in kitchen with bare wires exposed. Deep hole in back yard covered by a large panel. Large hole in floor under stairs making it dangerous to get to the electric meter. Fence pannel that blew down. Electrical socket in front room that makes the lights flicker if anything is plugged into it. Better than that.... When they sent someone to service the boiler he came into the house and in the front room and asked if we had any problems with it and gave us a certificate. He at no stage entered the kitchen or touched/looked at the boiler. Its been 13 months since then. The boiler broke down in december when it was OMG cold. They lady we got on the emergency number for the letting agents told us that she would get someone out to it the next day.. It took 5 days of phone calls till they told us on 22/12/2009 that it would be January till someone would fix it leaving us without hot water and heating. I was told that if it was urgent to contact someone for repairs and they would reimburse us. It cost us £277.41 for the repair done by British Gas. The letting agent refused to pay as the repair was not done by their authorised repair agent. We were told by the letting agent to get the light fitting repaired in the kitchen and they would reimburse us. We did this and when presented with the bill they refused to pay. They also have advised us to replace the fence pannel, have a builder repair the hole in the yard, the missing floor boards, replace the cracked bathroom window and they wanted us to have the electrical issues repaired. They promise to reimburse us.. LMAO! They screwed us twice! We got a visit from the landlord on Wednesday with someone from a new letting agents that are taking over because of issues with the last agents. ARRGH! I am going to have to start complaining all over again.
  22. My local Trading Standards say that the Application Form is a CCA and is executed. They also say that it is for the debter to provide proof that the terms were not present at the time of signing
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