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monkeychicken

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Everything posted by monkeychicken

  1. Why dont you write and ask for feedback, as you felt you had interviewed well. Remember write, dont phone - gives you evidence, if required.
  2. Such medicals are usually only about the issue at hand. Report sometimes say who comissioned the examination, however, its not particularly important, becasue this can always be established who comissioned it. Doubt very much employer will not admit to comissioning the medical. Have a good new year.
  3. I agree the chances are low, but its still worth a try - although bonuses are discretionary, they can become contractula by custom and practice. The fact that they did say bonus will be paid is a plus point. Then its about how much.
  4. This is a gross misconduct matter and employers can take action without having to set someone up. They could even set up a surreptitious CCTV to record proceedings (quite legally) instead of setting someone up. Again this is a gross misconduct. Besides how do you know? You had only been working there for a month!! The other person refused. You lost your job anyway - ironic huh? More the reason employer should have taken action much earlier, and not try to set someone up. remember, they only have to have a reasonable belief that something so serious was going on. Besides, if the person was so bad, why are the other employees/ customers sending you to Coventry? Surely they did not want such a terrible person to manage and put themselves in danger? I dont know the situation for the person who was set up- he too may have a mortgage, family etc. (I myself have three children and a mortgage to support) And the person who refused to cooperate with the emploer too must have had commitments - financial and family. I reiterate, if the manager was such a nasty person, why do the customers and employees send you to conventry? Are they all in a conspiracy? My comments were not sharp - they were simply stating what I feel, apart from the pieces of silver bit, but even that was extremely polite, compared to how I feel about people who agree to do what you did. You dont understand my situation and can never hope to. As another poster said, you did not whistleblow. If youre concerned about H&S, why the cloak and dagger stuff? If the wording exaggerates, "sexes up" or puts a spin on any situation, then it is a lie. If you disagree with the wording, then it is cannot be an accurate reflection of the situation and therefore a lie and you should not have signed it. You knew what you were doing. Thank you for your concerns about my case. My situation is such that I am quite confident of winning, and yet I am not insisting on my transgressors are punished or disciplined, because I do not want to become unsympethatic, unthoughtful and inhumane like them. I think another poster put it quite well - just give it up as a learning experience and move on - and don't repeat the mistake. Apologising to the person wronged would also be welcomed. There is a great deal to be said for honesty and integrity. I do have sympathy for you and even more so for the person set up. Hope the new year is better.
  5. If you're unrepresented, ET will generally give you a degree of leeway. I found it easier to send all documents via email (and used the read receipt facility as evidence). My advice is not to copy the R in, unless you need to (e.g. if its a particular request you make where R has a time within which to object). From experience, I know race discrimination cases are notoriously difficult to win and I have been told (and read) many times that unlawful constructive dismissal is even more difficult to prove. Depending on how complex the case is, you may need to be aware of a number of important case law on : Shifting burden of proof comparators/ hypothetical comparators Statutory defence continuing act and time limits ........ To succeed, you have to show that: 1. You have been treated less favourably than another 2. because of your race 3. you have suffered a detriment as a result. I believe similar situation exists for sex discrimination. Victimisation is not an ulawful act, unless it is becasue you have previously carried out a protected act under at least one of the discrimination laws. It is for this reason I asked for you to post some details so we can guide you a little (Race Discrimination is my bugbear). If you dont want to, thats upto you of course. If you do post make sure whatever you post cannot be linked back to you because some employers seem to be looking at posts on this forum and I know of one person they tried to penalise for doing so.
  6. Based on the information above, I do think you are jumping to conclusions . It seems to me that you were an excellent candidate, but they had another candidate also. They had to choose between the two of you. They also have encouraged you to apply in the future.
  7. Generally a day or so delay should be allowed (remember you might need such leeway in further along the line. If the delay has caused you to incur extra expenses you could ask that to be awarded against R. Also you could ask for preparation time order, which is for R to pay for the additional time it has taken you ( at a rate set by the courts). But generally, it is better to let it pass, and act only when the delays are lengthy or persistent.
  8. I think the letter by Post if excellent. However, I would also add the following: "I note that within the period *** to ***, you have written to me twice and telephoned me XXX times to ask for the full amount of the upgrade. I consider this to be excessive and tantamount to harassment. I would be grateful if you could respect my family life and cease to telephone me on this matter. Please ensure all future correspondence is in writing as I do not want you to intimidate or pressurise me. If I continue to feel intimidated by your actions, I will have to seek legal advice or complain to your regulator."
  9. Imagine how the person you helped set up by making a statement against felt, for 12 pieces of silver, sorry, I mean a promotion. If I sound bitter its because a similar thing happened to me, but in my case, I was almost completely blameless and have now gathered enough evidence to win my case, after nearly three years of suspension. I can now prove that the persons who made complaints against me lied and colluded amongst themselves - they know I am going to return to work soon and must be somewhat anxious. Sorry I will not help you, but still wish you well. Merry Christmas
  10. Exactly my thoughts!! m2000 i'd hold that letter - I'm a little tired, its late. I'll get back to you tomorrow, or perhaps postggj can advise on the letter you need to write to the solicitor.
  11. My only wish in life is to get invited to one of these parties! Even if its only the "bouncy castle" one.
  12. Now it gets interesting. Does anyone ever gets charged under these circumstances?
  13. It does seem to be a bit on the high side, but look at it this way, the company has to pay upfront for the car and unless they can find someone to take on the car, they would have lost the amount.
  14. 1. Yes, but do not admit the debt (even though on the evidence I think you will probably have liability). Just say you don't need the hassle and just to get them off your back, you will make the payment. 2. Yes definitely and keep a copy! 3. Yes. I think its their only realistic option. 4. Yes - wait and see what they say in the court and what evidence they provide, and then decide if you admit the liability. You dont need to decide now. 5. It not a defence, but an offer to repay the debt. Probably would bring up the issue of the colleagues as a matter to be taken into consideration. I cant really advise you on CCJ - dont know enough. Maybe someone here can, or google it. My instinct is that CCJ is only made against you where there is no agreement, but I could be wrong. And that is why at this time its best not to admit the debt and find out a bit about how CCJ works. Write the above letter to the solicitor and also tell them that you do not wish to be harassed, spelling out the number of emails and letters you have received. Ask them to cease this harassment. Also explain that your offer is final and you cannot simply negotiate on the amout (as you cant afford it). Also say the if they persist in such 'bully boy' tactics, you will seek legal advise with respect to taking out an injunction against them, and complaining to their professional body. I would also go to CAB asap and ask advise.
  15. You may or may not have signed the agreement, but by accepting the car, you must have accepted at least an implied term. The clawback you describe is pretty standard clause and this, along with what appears to be your signature would probably be enough to convince any court that the terms stand and you will have to pay the amount of clawback demanded. It is not relevant that the two colleagues were excused the payment, because companies can make ex-gratia payments or waive any monies due. Unless you can establish that this is normal procedure and you are being discriminated against by being asked to pay. And then, it will only be actionable in a court if that discrimination is unlawful (i.e. contrary to race relations act, sex discrimination act, disability discrimination act). However, my advice to you is to simply say that you do not have adequate means to pay at the rate of £300 pm. Stick to the offer to pay at £50pm and let them take you to court. In a court, if you have already made a 'reasonable' offer to pay, most judges would view the bringing of such cases very dimly and you will find that the court will simply accept your offer to pay at a rate of £50 pm, and even possibly award costs against your ex-employer for abusing the court process or something like that. So the chances are they wont take it to court, and merely accept your offer of £50 pm.
  16. Then your story would be more likely to be believeable at ET (unless they can come up with a plausible explanation for the 4 days delay) It seems to me that they blackmailed you into paying the amount and this, I would suggest is tantamount to unlawful deduction. There is a chance that ET might accept this explanation. Also get together any other evidence that may at least imply you were forced to pay, by threat of withholding your wages.
  17. Fill in a claim in the small claims court (depending on how much is owed). I understand it is a simple matter to present your case there.
  18. Yes they'd most likely to hear the evidence. However, read Azziz v Trinity taxis ltd. (do a search on Google and also search BAILII website). He recorded racist banter and won his ET case, but then was dismissed for breach of trust. This went to Lords - not sure what the latest situation is.
  19. You may not be able to contact the other person, but you friend/neighbour/husband/wife/ partner can.
  20. I thought that redundant posts have to be not filled for at least six months? Perhaps this is one for the tax office.
  21. I have found such doctors are usually very sympethatic. You have a right to see his report - ask for it.
  22. You must lodge an appeal immediately. If you're in a Union go see them. See if you have legal protection through your house insurance. Many peoploe are covered without even knowing it. If so, contact them. You need to lodge an unfair dismissal claim at Employment Tribunal within three months (less 1 day) of the date of dismissal. I would also lodge a similar claim for disability discrimination - I'm not sure if depression counts, but lodge ot anyway and withdraw it at a later date if it has no prospect of success. Perhaps someone here can advise.
  23. Keep copies of all correspondence. Raise a formal grievance of bullying and/or harassment by this consultant (this goes for your manager too) Get hold of all relevant policies and make yourself familiar with it. Note the date of last incident of bullying/ harassment - if you have any grounds for an ET claim, you must lodge it within three months (less 1 day) of this date. However, if a new incident occurs, the clock is set back to day 0 of course. Keep calm and start writing a diary , include significant external details so in the future your diary could be verified as being contemporaneous, i.e. written at the time of incident and not falsified later. Include in the fiary how you felt and why -humiliated etc. Wait and see what develops.
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