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Ell-enn

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Everything posted by Ell-enn

  1. DNA123 - no two cases of dismissal are the same and should not be compared. We need to concentrate on your circumstances - we still have the appeal to deal with before we consider embarking on the ET route.
  2. Apologies Curlyben, I was using the term "agent" loosely - I have seen a letter from Equidebt which says "We have been advised that you are in arrears under the judgement obtained against you" a letter had previously been sent to the client from the OC(who had obtained the judgement) saying that the account had been passed to Equidebt. I don't know if it's legal - but it's happening.
  3. The OC can use an "agent" to collect the debt. Equidebt are prize examples of this!!
  4. It will be interesting to see what they send you!! In cases of dismissal employers are required to show that they have acted reasonably - especially in absences involving illness. If your absences have been covered by medical certificates and hospital records then I think they are on very shaky ground. From what you tell me their process seems to leave a lot to be desired. Something doesn't seem quite right. However, as soon as we get all the facts in a "timetable" fashion I'll know what we're dealing with and we should be able to put together a feasible appeal. Was the guy who had his ankles replaced actually disciplined (surely not!)or was it just an investigatory meeting? Also, what type of business is it and what is your job title. What is the impact in your office if someone is off sick - is it difficult to provide cover? i.e. do they need to get temps in (sometimes business don't like paying for temp cover and use dismissing an absentee as a way of saving money) Try not to worry too much -I'm sure we'll come up with something positive. Let me know as soon as your paperwork arrives - we need to start work on it asap.
  5. Just so I've got this right - are you saying you are paid below the minimum hourly rate and that your pay is made up to the minimum by bonuses? If so this is a serious state of affairs.
  6. That's great news - I hope you manage to get the house you're after renting and that you'll be happy there. Good luck for the future. Feel free to tip the scales of any GAGer you think has been helpful.
  7. Firstly, you have come to the right place - you will get all the help and info you need on this site, so don't panic. You should take comfort from the fact that most of the people asking for help on this site are in the same (if not worse!) position as you. Secondly, prioritise - are any of your debts secured on your property, if so these are the ones you need to deal with first. Thirdly, while you are waiting for CCA replies - make a list of your incomings and outgoings - don't underestimate any of your outgoings as this will give you a false disposable income figure and may deceive you into making offers of repayment (if indeed you have to) that you have little or no chance of keeping up. Stay positive - you can beat this.
  8. Hi there, sorry for the delay - just got in from work (got held up with employee problem that needed sorting before tomorrow). Crikey - their absence policy leaves a lot to be desired - really caring lot aren't they. Is there a list of what level of absence triggers each stage of disciplinary action? for example 3 instances of absence in a 6 month rolling period = 1st stage verbal warning, further 2 instances in a 12 month rolling period = written warning, further 1 instance = final written warning, further instance = dismissal. or something like that? getting all the facts right may take some time but it's important to establish if they have followed their own procedure. Also, do you know if anyone else has been disciplined for absence in the last 12 months?
  9. That's fine post when you get home. What date do you you have to lodge your appeal by?
  10. You're absolutely right, sometimes you don't know where you really need to be until you've tried all other avenues. It's the old saying - you don't know you're unhappy until something else makes you happier!! Well done for finding your goal - I wish you luck.
  11. DNA123 Can you let me have a list of your sickness absences over the last 12 months i.e. first day of absence and duration. I then need to know the dates of each disciplinary and what stage warning you were given at each stage. If you could send me this while we are waiting for copies of the policies I can start to put something together. There will probably be lots of other questions I need to ask - but they're all necessary if we are to put a good appeal forward.
  12. As promised - contact details for Cattles CEO (Welcome parent company) Seán P Mahon, Chief Executive Cattles Plc Kingston House Centre 27 BusinessPark Birstall Batley WF17 9TD I sent my letter by recorded delivery and then sent it as an attachment to his secretary (they won't give you his own email address!) margaret.redgrave@cattles.co.uk Good luck
  13. Do you have your copy of the agreement? they should have given/sent you one at the start of the loan.
  14. You're absolutely right Goldlady - as I said before, more tribunals are lost because employers haven't followed their own published procedures, never mind the legal protocol. Second on the list for losing is being inconsistent - if an employer does not take action against one employee for the same offence then they shouldnot discipline another. In many cases it won't get to a tribunal, as soon as the employer's lawyer knows they've not followed procedure they settle out of ET. Employees will continue to be treated unfairly until HR practitioners start being practitioners and educate those at the top - i.e stop being used as management tools!! Empathy without Sympathy and Assertiveness without Aggression is a good starting point (sorry, on my soap box again!)
  15. djgordyp - did anyone inform H&S Inspectors? surely this can't be allowed to continue. Also are the Polish workers legal - if there is any doubt Immigration should be informed. These people are being exploited and it's WRONG. If you have any doubts at all contact the Health & Safety Executive HSE Infoline 0845 345 0055
  16. P.S. you'll find a lot of people much smarter than me on this site ! it's just that HR and mediation is my best subject......
  17. no problem, honestly - I'm an HR Practitioner by day and certainly don't mind helping with employment problems on this site. I have a particular hatred for unfairness and always try to ensure the employees under my duty of care are treated fairly (even if they do try my patience from time to time lol).
  18. You're welcome, anytime:) It's always nice to know when you've helped someone - feel free to tip my scales
  19. It would depend on the job you were applying for as to what is asked for in a reference. A lot of employers are now sending out "standard" references i.e. confirming the dates of employment, and position held and nothing else, this avoids the chance of them being sued by former employees. "The House of Lords held that an employer who gives a reference in respect of a former employee owed that employee a duty to take reasonable care in its preparation and would be liable to him in negligence if he failed to do so and the employee thereby suffered economic damage" Mason Hayes+Curran April 2006. There is nothing to stop you looking for another job in the meantime - if your appeal is successful and you are reinstated, you may not want to continue working for that company anyway. Hope this is helpful.
  20. Glad to hear you're taking control of things. However, it is bound to put a strain on your relationship - if you can avoid blaming each other it will make things easier to deal with - the deeds are done and nothing can change that, it's the future that matters now, not the past, and you've taken the first steps in sorting things out. Don't be afraid to embark on counselling - it can be very helpful, you have to stick with it though, to get the best result. Good luck, and keep posting for help and support from the CAG.
  21. You can download form N443 from hmcourts-service.gov.uk and fill it in ready to take to the court. I would still ring them first thing tomorrow morning though - I can't see anywhere on the hmcourts website that says they don't issue certificates of satisfaction at their offices, but it's along way to go if you can't get it on the day. It does say though that you need to take the letter of satisfaction from the creditor. You can pay over the phone by debit or credit card, and, provided they have had notification from the creditor that you have paid, they will send out in the post. Someone else may be along soon who knows more.........
  22. Sorry also to hijack, Medsec - if you find anything out about this European payment can you let me know - I'm trying to get info for someone who owes money to Pounds Till Payday who are in Malta. I need to know how they will chase the debt (presumably employ someone on UK to do dirty work) any info would be helpful.
  23. Oh dear, I'm sorry to hear about your difficulties - it is such a worry isn't it (been there!!). Do you mean you are having difficulty making payments on this loan we are talking about? I wouldn't be too hard on your husband - it's very easy to get into a situation and look for the easiest way out. As I said, LTSB are one of the more responsible lenders and the fact that they granted an unsecured loan rather than secured is a measure of how they see your ability to pay. If your are having difficulty with payments on this loan - then your husband should contact LTSB and ask for their help before they take any action. In any case, now you have found CAG you will get all the advice and support you need. There is always someone around to answer questions and point you in the right direction. You musn't be afraid to ask, no matter how trivial you think it is. You are among friends who have all been in similar (if not worse!) situations and know how to help. If I have been of any help, please feel free to tip my scales.
  24. I'm afraid unless he gets into difficulty paying the loan there's nothing you can do but wait. There's no point contacting LTSB as they won't discuss his account with you - even if you are his wife. I'm sorry I can't be more helpful, however iI should just keep an eye on him to see if payments are being made ok. If he defaults on the payments on a loan of that size it may then involve you if you own your property jointly. However, LTSB are a high street lender and they must have been fairly confident in his ability to pay to grant an unsecured loan. Was the loan for home improvements from which you both will benefit - or is this something for himself which is making you aggrieved?
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