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ErikaPNP

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Everything posted by ErikaPNP

  1. If training is mandatory, ie essential in law or in health and safety to the job (such as a carer or nurse attending a course on manual handling), then the staff member can be suspended without pay if they unreasonably refuse to attend training. The suspension can last until they perform and pass the training, or until the time period for completing the course runs out, whichever is the soonest. I am wondering whether it could also be considered insubodination, which can levy misconduct which in turn can lead to disciplinary action?
  2. I agree that setting a counter greivance would not be a good idea, as it may be seen as "tit for tat", although I do appreciate your position. A company cannot perform a disciplinary unless it's proven that this was mallicious. A grievance which has not been upheld does not mean it did not happen and therefore the allegation must be mallicious, it simply means that the allegation could not be proven either way. I think you have a very valid point though re line managing this person, I would say at the very least that it is innappropriate as it leaves it wide open for further accusations. What happens if the person performs terribly in their role, and as their line manager during an appraisal you mark them as such? They could say you did that as a revenge tactic. I don't honestly know if you can demand to not line manage this person, but I certainly think it is worth pointing out to your boss that continuing a manager/staff member relationship with this person could be potentially damaging to the business. If there are other people sufficient to manager this person, surely they could swap one of their staff members for yours?
  3. Mods - please move if necessary, I couldn't find a section where this would "fit". My parents have confided in me that they are in the process of making their wills. It's something my father has tried to talk to me about for a long time but although I know it needs to be done, I just don't want to think about it. They have said one of my siblings is executor but want to name me as second executor in the event of the other's death. They chose us because "you're honest, upfront and not easily bent by your siblibgs, so we know you'll honour our wishes" I said I would always make sure their wishes were met and God help anyone who stands in the way of that, but I'm not sure I would be the right person to be executor, and I want it done properly and am not confident that I am the right person to do it, I've never dealt with that before. To top it all, they have informed me that a certain someone is cut out of all inheritance - to be honest I'm not surprised, but I know this person will make a fuss. So I have a few questions: 1. Can they name me as executor without me signing in agreement 2. Can an executor be "contested" ie, can someone object? (I know my siblings won't like me or the other chosen person being executor because they know fine we will carry out what mum and dad has specified, and won't bend to them) 3. Mum wants to know if she can have a letter written to "the executor" to explain to the family why they have disinherited that one other person, although I am fairly sure everyone already knows why. 4. And what will happen if this disinherited person contests the wills? What's the process as mum is very worried about this happening. They have a long life ahead of them yet but I don't want them to spend that time unsure of what will happen, they should be able to enjoy their old age in peace. I really have no experience in this area at all and am a bit unsure, sorry.
  4. This annoys the hell outta me. My child came home from school a couple weeks ago having not had a drink all day because she was not permitted to drink the FRUIT JUICE I had put in her water bottle. Apparently the school only allows water to drink. I was fuming that a)The school had not informed me of such a rule, b)My daughter had gone the whole day at school without a drink (she refuses to drink water, unless it has a slight "flavour" to it) and c)How DARE they dictate what I give to my child. Their place is to educate my child, not tell me through my own 5 year old child what I can and cannot give her to drink. I don't suppose it occured to them that fruit juice is actually included as one of the "five a day"?! Daughter's water bottle is impossible to see through or into, and the only way to decipher what is inside it would be to screw off the lid and pour a little out into a container, or drink a little. Are they saying they go through every single child's water bottle ensuring it does not contain a drink they don't approve of? I can appreciate them only serving what they choose to serve from their own canteen or tuck shop but it really is not their place to refuse my daughter a drink of what her mother gives her.
  5. Depends on the individual patient, I would think. If it's any consolation, my mother has 6 children, he fifth, my brother came out bottom first with SVB and she was fine, he was fine. My DD2 turned about a fortnight before I gave birth SVD (and hasn't stopped being awkward since!) again, both mum and baby were well. All I can say from my experience was that the labour was more painful than first time around, and also more speedy but I doubt that had anything to do with her position as a woman in the post natal ward I befriended, also having just given SVD birth to her second child, felt the same about her labour. As I said, risk depends on the individual person, their history etc. It may be worth a chat with your consultant if you are overly concerned. In this day and age it is possible to go through a "trial of labour" which basically means you go into labour (usually, but not always, induced), and they will monitor you more closely with preperations in place in the case that an emergency section may be necessary. If the labour progresses in a manner that is considered safe for mother and baby, it will be allowed to continue. If immediate risk becomes evident during the process, they will section you. My friend had a trial of labour as it was her first pregnancy and she was expecting twins. She got to 9cm dilation but had complications and needed to have a section in the end. Trials of labour though may be a post code lottery, or agaon dependant on risk. If your consultant feels that a breech birth would place you or your baby in immediate danger due to your specific case criteria, he may encourage you to undergo a section. HTH
  6. Worth a look are these sites for maternity rights: Pregnancy and maternity rights : Directgov - Parents http://www.workingfamilies.org.uk/asp/family_zone/fs_pr1_matrights.aspv Acas - Maternity rights HTH.
  7. My father ordered a new bed from Argos a few years ago, he had a similar problem, except when he phoned to order it, he asked if the company would deliver to the room of his choice, explaining to the lady that he is a senior gent and had recently come out of hospital, and was unable to lift anything. Admitting this was difficult for my father as he is a proud man and until then had been fit and healthy, he hates asking for help. The lady on the telephone said that they always deliver to a room of the customer's choosing. When the order arrived the delivery men refused to even take it inside the house. They couldn't possibly argue health and safety as they hadn't seen past the front door. They simply said it wasn't their policy. One of them had the cheek to say he would do it if my father "put his hand in his pocket". My dad told them just to take it away again and he would complain to the company which he did. I myself have had similar difficulties with a company promising delivery "evenings and weekends" when I enquire as I work full time and wouldn't trust an item to be left with any of my neighbours, I wouldn't trust them with a bag of salt let alone an expensive item of furniture, but the delivery men won't do it. They'll attempt delivery mon-fri office hours and stick a card in the door, telling me I can collect the item from their depot! 1. I don't drive, 2. I don't know anyone with a large enough van to collect the item for me, and 3. I paid for a weekend delivery, which was extra!! It's a breakdown of communication between the companies and the couriers. The company claim the couriers state they will deliver to room of choice, or will deliver evenings/weekends, but the couriers insist it's not their policy and the company is aware of that. No win situation really! It's just a pain in the neck to have to ring the company to get a refund and complain yet again.
  8. When you have been on ordinary maternity leave, you are still entitled to all the benefits you would receive whilst working, which includes annual leave. Annual Leave is still accrued and as you are unable to take it due to the timing of your maternity leave, yes you can carry it over. They may well try arguing that you can't, as many employers unfortunately aren't up with or choose to ignore maternity rights, but you are entitled to it.
  9. Firstly, if the "solicitor" writing that letter is under the assumption that the customer's letter has been "lifted" (not a very educated solicitor - he cannot even use professional wording) from a consumer website, that implies that either the solicitor or the DCA's have a hell of a lot of time on their hands to be nosing around websites. Perhaps the time could be better spent researching the foundations of law. Secondly, whether the letter has been "lifted" from a website or not is irrelevant. The letters comply with law and with consumer rights. Whether the letters are promoted within a website to stall or halt legal proceedings is too, irrelevant. If the DCA is refusing, or unable to comply with a legal request, a customer is quite entitled to write and stall or halt legal proceedings until such a time as the DCA complies. An abuse of the court process as I would view it would be continuously threatening innocent consumers with intimidating letters, implying that legal action could be taken against them. A lot of cases involving DCA's are cases of mistaken identity as we all know DCA's will send letters to someone with the same name as the original debtor or bombard the original debtors previous addresses. This frightens people who do not know the law surrounding debt as they have never had the need to be aware of it. I know because I was one of them. I had several letters filter through my door in someone else's name, which I returned. I then began to receive letters addressed "to the occupier" stating debts with companies I have never had any involvement with. I received threatening and intimidating letters, phonecalls and personal visits. I came here and received some wonderful support and advice. I can stand up and say that I have looked at the policies and law surrounding my problem both from this website and outside it for comparison and can tell you that the information provided to people on here complies with law, and is correct. I've not had any bother for a wee while now, but I can assure the DCA's and any fake solicitors they may attempt to perceive themselves to be that if they bother me again, I am armed to the teeth with laws and regulations. Isn't it a sad state of affairs when us laymen are more aware of the law than the people who ought to know it? Isn't it also very sad that a so called solicitor cannot bring themselves to use correct and professional wording and grammer?
  10. Just my tuppence worth..... I don't have a passport and have no intention of obtaining one at cost, as I have never been, nor plan to go abroad. If an employer insists on one then surely they should meet the cost as they do in the case of obtaining enhanced disclosures. If I had a passport, I'd happily produce it but I would not be in the least bit happy paying for something I neither want nor need when there are other reasonable means of proving I am and always have been british, and legal to work here. I would have no issue providing my birth cert, any P45 for NI number purposes but a bank statement? No way. I would find that incredibly intrusive. If a prospective employer wanted evidence of my address, I'd provide anything they like, even a bank statement, but with the transactions blanked out. I'd happily produce it if my transactions had anything to do with the job I was applying for, or if I was applying for financial assistance, but as far as I am aware an employer has no need nor right to know the inns and outs of my finances. My personal financial affairs are nobody's business but my own. That is only my opinion.
  11. There are some staff there who will try to help but unfortunately a lot of it is over run with people who think they are God. Don't let it go until you get a satisfactory reply. They may offer a "consolitary" payment - but although a payment may be nice, it does not excuse your treatment, you deserve answers - AND an apology. I hate to say this but it does not shock me, so many people working for this government body who are not given the proper training and it's the people of the country that suffer. Good for you to keep at it, it's the only way things can be addressed, if people complain. Far too many people just let it go, which does nothing to change things.
  12. What she is doing can be construed as bullying and intimidation. I would include everything, but make sure you can back it up with either willing witnesses or evidence. I worked in the care sector years ago, we had a senior member of staff who was a bully. She had managed to upset so many staff over the years, but she always seemed ok with me. Until I returned after maternity leave. The manager couldn't work with her anymore, so she left and the woman got her job, all of a sudden I became her pick. When I got pregnant again it got worse, she would have me doing things a pregnant lady should not do, but I rarely grumbled as it got to the stage where I would do anything she asked just for an easy life. For some reason it seemed to irritate her that I didn't bite. I finally flipped the day she laid her hands on me when I challenged her for refusing to allow me time off to see my midwife. Her attitude I could just about deal with but she crossed the line when she got physical. I raised a complaint, and you know what? Just me, one person standing up saying "I'm not having this" was enough for 8 other members of staff currently employed and a further 3 who had left because of her to come out and complain as well. There was a huge investigation. She was more or less told "Resign or be sacked" - and so she left. Not before arranging a leaving do, to which nobody turned up to. What I am trying to say is that if other members of staff are finding your manager intolerable, perhaps all they need is someone to make a stand and maybe, just maybe they will follow suit. With a grievance, it's all meant to be kept "hush hush" but well, gossip travels, doesn't it? Good luck, let us know how you get on.
  13. Okay dokie, do you have evidence of these incidents, or text messages? Because they would come in very useful in fighting your corner. Send a grievance letter to the MD, mark the envelope "restricted". To be perfectly honest, I think they have got so used to you saying "yes" that now you have said "sorry, no can do", they've decided to play dirty tricks. Let her write the report, because that will also count as evidence in any greivance you raise, just do not sign anything. Signing something more or less ok's it, or says you agree with it. What's she going to put in the report anyhow? That you refused to work on a day you were entitled to have off? That you exercised your employee rights? Possibly just an empty threat tbh. The manager1 said "I don't know how she spoke to you" - equally, you have that on your side too. Nobody actually knows the content of that phone call except you and manager2, so her "report" doesn't really have a leg to stand on.
  14. sure. The Children Act 1989 It's across the UK. If the child is under 8 and being looked after for more than two hours by someone who is not a parent or close relative, the person has to be registered with the appropriate body. Ofsted in England/Wales and The Care Commision in Scotland.
  15. My advise is to get your MP involved. DWP tend to move quick when an MP letter arrives. As far as I understand it this is rubbish. A crisis loan is payable depending on the level of social fund debt you have, if there is an immediate risk to your health and safety and your ability to repay the loan, not whether or not you attended a work focused interview. I would not accept that as an explanation - ask for a review.
  16. Ok, first off.... I am guessing your contract may state something along the lines of "cover additional shifts as required" - HOWEVER - if you are not pencilled in to work that day and it is effectively your day off, ie you are not on call then it is your right to refuse to go into work on that day, as that time is your time off. Based on my assumption, I would say that your manager had no right telling you to arrange childcare, asking for an explanation OR making a comment about your social life being more important than your work (me personally, I wouldn't have been able to resist saying "Actually my time with my child is AS if not MORE important than my job, and refered to a family/work life balance). If you have a day off and you decline an extra shift you are under no obligation to offer an explanation as to WHY you can't go in, or to arrange your life around it. It's your time. OK, re the grievance. No matter where you work, you have the right to raise a grievance, if there is no policy, there is a standard procedure which applies. See here: Grievance procedures: the standard three-step procedure : Directgov - Employment My opinion is that as you readily cover shifts usually, you are an easy target. It may also be worthwhile reminding your employers the next time they tell you to ask your friend to childmind that all people looking after children under eight years of age for two hours or more that are not the parents or a close relative must be registered childminders. In other words, unless your friend is a registered childminder, her babysitting your daughter for you to attend work is illegal. It sounds crazy but it is true.
  17. Hi, Can anyone please tell me the sections of the data protection act which protects people from having their personal data such as national insurance number, address etc released to a third party? The specific quotes would be helpful. I require it as I am writing a letter to a government department requesting that none of my personal data be released to my ex partner. Erika.
  18. In all honesty, I don't know. They would have to be satisfied that you are living seperate lives. When you post the information to them that you have asked for, it may help to post the other documents you have which you think may help your case. It may be worthwhile doing what the previous poster suggested, and draw up a formal agreement if you don't already have a seperation agreement in place. Although I don't know if this would help your case any or suffice only as damage limitation, i.e show that you have taken steps to formally set out the responsibilities of your now seperate lives. If they are not satisfied, perhaps they will arrange for a home visit, but I am not sure - home visits are what the benefit agency does at times when benefit fraud is suspected, but I don't know if tax credits will carry one out. Sorry I can't be of any more help to you.
  19. Try asking at your local Inland Revenue Office?
  20. Yes, you may be able to get something I think in the region of £520 - £1040, depending on your circumstances, but you HAVE to claim by 31st January 2009. I'm not entitled to it, as my first was born after April 03 Here's the link: TaxCredits.org.uk
  21. I think if there is a grievance the employee is entitled to see copies of any written grievance with the names ommitted if necessary. She does have the right to know what the grievance is in relation to. "Bullying" is a wide generalisation. She needs to know exactly what she has been accused of. If she doesn't know, she is unable to provide her version of events. A disciplinary meeting cannot be held until it is proven that the events took place and the accused person is guilty of the accusation. So either they have evidence of bullying or they don't have a clue. If there is no proven case, the meeting should be a fact gathering exercise, which could lead to a disciplinary, not a disciplinary itself.
  22. I'm pretty sure an employer has to give an oral warning before a written warning, except obviously in the case of gross misconduct. I'm a little confused about why your supervisor accused you of drug taking. If she is harrassing you, you need to raise a grievance about that.
  23. If the system cannot accept the processing of a claim, it should be done clerically. Ask them to do it clerically. If you are living as partners, you are entitled to a joint claim and therefore the joint element of payment. They cannot do that. And complain. The best thing to do with the DWP when they fail to perform is get your local MP involved, that usually gets them moving. They will tell you one story but it soon changes when an MP gets involved.
  24. no problem Martin, it may still be a very wrong system, but it prepares people for what to expect rather than leaving them thinking with their hopes up. Emma, in your position I would go through the complaints process. A crisis loan is just that, for a crisis. 6 weeks to process an application for an individual/couple/family in a situation which constitutes a crisis is not acceptable. I appreciate staff resources may be low, but that is not your problem, it's theirs, and if it is affecting their service to customers it needs to be addressed. Things can't change if people don't take matters further.
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