Thanks JackieandWayne, I completely agree with you - she SHOULD take the 3 days - be it "sick", or just outright after handing the her resignation letter tell them she wont be in.... But she's determined to be "professional" to the end, despite what they've done - which IS commendable, if a bit daft in this situation. She has however, said she WILL take the last week or so of her notice period as holiday, whether they like it or not - so thats something... I can take a few more days leave too.... So chuffed for her - new challenge, with increased responsibilities (team lead type stuff) which she wanted, better pay, and a fraction of the commuting! Fingers crossed all the nightmares stop etc etc Thank you hugely once more! All the best (BTW - Cant recall if I said previously or not - but after making all that noise of wanting proof of doc's visit etc, and getting permission to contact her GP... d'ya reckon they did?! LOL, complete bunch of .....)

Ok, hopefully final update, and request for thoughts! So next week I have taken Wed-Fri off, after the jubliee bank holidays (and I know Im far from alone here!) Wife requested the same, but as mentioned previously, her request was rejected, as everyone else on her team already has asked, and apparently they "need" at least one person there all the time. This is basically the same situation as when she was signed off sick with stress (all recorded in her medical notes, but employers basically accused her of faking it, despite her authorising them to contact her GP!). So as it stands, I'll be at home with our son, while she's at work, scuppering our plans to spend a few days with my parents etc etc... But now the good news. As of today, she has accepted a formal offer of employment with another company, and will be resigning tomorrow! My view is, having resigned, she should also just tell them she won't be in next week - I mean, what's the worst they can do? They can't follow disciplinary procedures etc. Worst is dock her 3 days pay! Fine, whatever! Currently tho she intends to work those three days to "be professional". Respectable, and useful, were she intended to follow up with a constructive dismissal case - but advice from ACAS suggests while her employers are a bunch of..... , they haven't done enough to give a solid case. In that situation, my view is "why give them anything??!" So far this year, she has taken (at most, I dont recall for sure) 2 days holiday, and since then her requests for time off have been rejected, for the above reason. The one other person in the team is off pretty much all of June, so I cant see her being given her accrued holiday to "get out early". Any thoughts - esp as to how to persuade her to just go AWOL for those three days?!?!?! Thanks for your support and advice everyone!

Thanks for all the advice - unfortunately she spoke to ACAS the other day, who seem to think that while her employers are being somewhat unreasonable, they aren't breaching any rules (although when I spoke to ACAS a few days ago, they seemed to think there was a potential constructive dismissal case) .... Anyway, for now wife is just gonna "go with it" - but anything that happens she is gonna ask for documentary evidence Oh, and to top it off - she put in a request for 3 days off (after the jubliee bank holidays) a couple of weeks ago - and assuming (ok, careless to assume I know) we didnt book our son into nursery for those days. My holiday request approved, hers declined, because that would leave her already understaffed department empty for a day (one other person in for the other 2 days), so it seems we'll have to try and get our son into nursery last minute, and see if I can cancel my holiday - or I'll be using mine just to look after him while she has to work - no doubt as before bullied into work she hasnt been trained in.... Unless anyone has any clever ideas? I've suggested the emergency parental leave thing, but as she said, its a bit obvious!

UPDATE: Having had a lousy weekend where she was having nightmares, feeling constantly anxious, not eating or sleeping properly etc, my wife went to the doctors today, and has stayed home ill. Doctor has said she should self certify for the week, and if no better, he'll sign her off sick Obviously, she also emailed work to say she wasn't coming in, and was going to docs - and then was stunned to get a voicemail from HR requesting documentary evidence not only of going to doctors, but WHY!?! Can they request this? She mentioned this to the doc, and he said if she gives them her written consent for him to contact him for proof, then he will more than happily sign her off with stress. Seemingly doctors are seeing a lot of this lately.... Thoughts?

Hi PapaSmurf, Hard to say if there is a link - certainly the behaviour IS different post maternity leave, but then it was also while she was on maternity leave that the company she worked for got bought out by a much bigger, American company. From what she's said, I suspect it's largely the latter that's at fault, as seemingly she is not alone in hating it there these days.... but sadly it seems management just want to make things worse for the few people they've got left, rather than better. I think you're right tho - writing down a chronological list of events etc might be useful - I'll try to get her to do that this weekend Cheers again

Thanks Jackieandwayne.... I agree, there's a lot of wisdom in the motto "be prepared" - my only concern is, if the doc signs her off with stress, and we then end up going down the tribunal / constructive dismissal route, the company will be able to use the doc's signoff as a counter - eg "she simply couldnt cope with being a mum and at work too, we did nothing wrong" or some such b/s.... But I (think I) see what you are saying - use the doc's signoff as "evidence" of the company's wrong doing, not just as a means of escape for a few days etc.... Just wish I could get us to a position where we werent dependent on 2 incomes - soon hopefully... But I don't think I have to worry about her suddenly resigning - she's too stubborn for that Thanks again

Yeah I agree that any form of "formal" action she took would be hard to achieve, when it would basically be based on a collection of "lots of little things" which, when looked at individually would almost certainly get nowhere, so the question is whether or not collectively they could gain her anything - plus the expense and time involved does leave you wondering "would it be worth it?" As far as I know, her redundancy would be nothing more than 1 month's notice - no "extra month per 5 years service" or any such.... generous bunch her lot Unfortunately, our current circumstances are that we are reliant on both our incomes (although I may look to change that if things dont change for her) More than anything, I totally agree that her health is the main thing here. I think she's finally agreed (tomorrow) to phone ACAS for advice / options.... I'll also try to get confirmation of notice period etc Rock, Hard place. Thanks for your thoughts MC!

Hi all, Forgive me if this query is a bit vague owing to being kinda 2nd hand information, but.... My wife has been in her job for about 6 years now. The first few years were fine, very happy etc. Then she went on maternity leave, returning to work full time almost a year ago now. In the meantime, the company had been bought out, and she found herself reporting to new management. On her return, the company were initially grateful she was back full time, but accepted some things were no longer an option (eg, overtime, being away from home etc), owing to childcare issues. Recently she heard that one manager had made comments about her such as "not pulling her weight" and "no one knows what she does". She complained informally, and realising they had ... ahem, made a mistake, her manager brushed it aside with the likes of "oh it wasnt like that". From what she could make out, the comments were relating to her not doing overtime etc... Nonetheless, she insisted the comments and management actions were filed with HR - much to managements unhappiness! Over recent months, the team she is in has shrunk to a fraction of the size it was (now just 2!), owing to people leaving, and the efforts to replace them achieving nothing (using just one recruitment company, and wanting someone with endless experience to accept little more than a graduate salary!) - but management still expect targets to be hit etc (ie, the 2 remaining team members should be capable of doing their own work, and that of those that have left). Unsurprisingly, target after target gets missed. Next week she will be on her own, and as it stands she is being expected to do some critical work for which she has little or no experience, and certainly no training (prior to maternity leave her workload was VERY different) - and since returning, the increased workload has prevented her from getting the required training - so yet again, her management are landing her well and truly in the proverbial... The HR dept (one person) are seemingly "in management's pocket" - so trying to follow the grievance process will seemingly achieve nothing (other than possibly them trying to make her redundant on some tenuous basis), and management seem truly "bllinkered" to staff discontent... She has made no secret of the fact she is job hunting (as a result of this change in company "ethics" - and this open job hunting seems to be true of several staff there!) - but even so, I fail to see how this can warrant her being treated in such a way that every morning and evening she talks about not wanting to go work - and today she phoned up in tears as she was leaving, and had apparently been reduced to tears earlier in the day also. Reading direct.gov to me suggests she is a victim of bullying - but the advice is to speak to management or HR - which as I suggest above, seemingly would achieve nothing. We can't afford for her to just quit, then start the length process of persuing a constructive dismisall claim, plus she is concerned this would impact her future employability elsewhere anyway. Obviously the easy answer is to just "hang in there, find a new job and move on" - but job hunting in her field isnt easy, and to be honest is just letting the management off the hook in my view. CAGgers, I turn to thee humbly for advice - any questions, I'll try to find out the answers and fill in the blanks! Thanks in advance

Hi all, Just to let you know I did indeed receive the oustanding £100 from EON, with next to no fuss - they simply wanted confirmation from the court that it was owed, which I guess is fair enough - and upon faxing them a copy of a letter from the courts to this effect, a cheque was swiftly despatched. They, and I now agree the matter is closed (I just need to contact the local court to say as much). It's fair to say the trainee solicitor of theirs that I have been dealing with has shown significantly more professionalism than anyone else there I've dealt with. However, going back a few posts, and as I think we all agreed, I now want to generate a bit of publicity over the case, to draw attention to EON's attitude to its "valued customers". I've just compelted the online form for BBC watchdog, but am wondering who else to contact. I dont think contacting every newspaper in the country is constructive, but would welcome your personal suggestions! One of the "red-tops"? a Broadsheet? National? Local? Cheers, and yet again, many thanks for your support, and advice over recent months - with your help, we got there! R.

Hi all, I've just received an email and phone call from EON. At the set aside hearing the other day, their solicitor only had copies of 2 of the 3 letters I remember EON sending me, prior to legal action beginning. I was sure of the existence of the 3rd, as it included details of the address to submit my action to. I also seem to recall it included company name (but of course, at the set aside hearing, I felt I couldnt exactly argue "But on the letter you sent me that neither of us have with us it said..."). Their solicitor has now found this letter. And without speculating as to whether I am right in remembering it included the company name to claim against, EON are now dropping their defence, and have issued a cheque for £535 - which they feel is in full. That's £100 short of the £635 the total had reached. I did discuss this with her on the phone, and the difference is for the warrant of execution, following the judgement in default. Seems the bailiffs never actually visited EON, but DID telephone them, at which point EON explained they were requesting set aside etc, and there was no bailiff visit. So it seems to me I should be owed the £100 from the court as a refund (for a non-executed warrant?), rather than EON? Happy days all round - and thank you all hugely for your support and advice over recent months!

Thanks for your ongoing support guys! I must admit, rather frustrated and disappointed with yesterday's outcome - but hey ho... But it has got me wondering - while I do whole heartedly believe I am in the right, what *if* EON do ultimately win?! I assume they could then claim their costs back from me? Guessing they'll have had their solicitor spend several hours on this - which won't be cheap?!? Or is there (wishful thinking here I suspect!) some sort of protection in small cases like this?

Afternoon all! So I went to the hearing, and to my surprise (and I'll admit, disappointment!) EON's solicitor was there. Worse still - they got the set aside. The reason? The wrong company name on the original claim - I had sent it to "EON Homecare" at the address EON advised me to use, and it should technically have been "EON PS UK Ltd", even though they are effectively one and the same company. So a technicality really. So now the court are updating the case notes etc, and EON have 14 days to submit their defence. I believe the court will also be sending out allocation questionaires? So for future notes for anyone reading this thread going down the same route - make sure you have the correct (exact!) company name, not subsidiary etc, aswell as the correct address! Cheers, and Happy New Year!

LOL No problem! Spoke to my local court - and as I suspected, despite EON's application for a phone hearing, it is indeed "in person" in my local County Court.... ... but that's not til January - so for now I'll wish you all a Merry Christmas, and a Happy New Year!

WD & PlodderTom... EON (our then Gas/Electricity supplier) cold called one evening in Feb, offering this service. Even tho it was working fine, having not had our CH system serviced in the almost-6 years of owning the house (new build, so it was also almost-6 years since the system had been installed), it seemd a good idea, so I agreed. As part of the contract, they sent an engineer in early March for an initial inspection - to check that they weren't taking on pre-existing problems, and that all was well with our system. Just 2-3 days after this visit, we spotted a damp patch in our lounge ceiling - so called out one of their engineers out. He looked at the boiler, saw nothing wrong and suggested leaving it to see if it gets worse. It did. Another engineer came out. Exactly the same action and advice. This time, the ceiling partly collapsed. A third repair engineer comes out, and immediately identifies that a pipe at the front of the boiler was disconnected. He reconnected it, and sealed the connection. We complained to EON. They sent out a Manager, who looked at the damage, listened to the sequence of events, and accepted liability, asking us to get repair quotes. Just a few days after that, EON wrote to us, retracting their managers decision, on the basis that the pipe had not been installed correctly (it should have been sealed from day one according to them). I dont know if this is true - but ultimately, the system had worked without problem for 6 years, until their inspection engineer's visit. I'm not suggesting for a moment it was maliciously tampered with - but a moment of clumsiness from their inspection engineer seemingly caused the disconnection. Alternatively, if their argument is that it was always disconnected, why didn't he spot it, and why did it take 6 years to leak?! Plus of course, given the pipe's location (right at the front of the boiler) why did 2 of their repair engineers fail to spot it? Ie, it seems to me had I not taken out the contract with EON, this damage would almost certainly not have occurred. Following their retraction, I wrote twice, outlining the above facts, inviting them to reconsider. They declined. Indeed, in our final letter, I warned them of legal action, and they responded giving details of their legal department... Hence the MCOL route taken. As for how I came to the figure claimed - it now sits at 635. That's 135 legal costs, an estimated (based on quotes) 200-250 for repairs, with the remainder being compensation for stress caused etc, spending almost a year with a hole in our ceiling, and to recover money wasted on this service (10 months at 16/mth) - which includes an annual inspection... but I'm sure you won't be surprised to learn I have no intention of letting any EON engineer near our system again.... I don't feel I'm being greedy - I just want my costs covered, wasted money reimbursed, and a token amount of compensation. Thoughts? Cheers

Hi WonkeyDonkey, So here's the latest! Today I received a notice of EON's application for set aside - based on them believing they have a "real prospect of successfully defending the claim" (CPR 13.3(1)(a)) - a rather predictable reason I guess!. They've assigned an in house trainee solicitor to the case - and this trainee's statement says that they dont believe the money I'm claiming is owed (no surprise) - but the ultimate basis for requesting set aside is that "they have not had the opportunity to defend the claim". Now a few facts and dates: 1. MCOL claim issued 17 Aug 2. Judgment in default issued 8 Sep 3. EON's trainee solicitor made aware of claim, and requested account notes 27 Sep 4. EON's trainee solicitor reviewed these notes 30 Sep 5. Date of application and statement 7 Oct - received by me today, 13 Dec. 6. Notice of transfer received around 14 Oct, dated 12 Oct. 6. contact made by me with local court on 2 occasions (dates TBC, but late oct and early nov, or both in Nov) - if nothing else, as per my last post, I contacted my local court 21/11, at which time there was no record of any such statement from EON - despite, as I understand it, the local court requesting said statement from EON. It seems to me that EON seemingly sitting on the original claim for almost 6 weeks before giving it to a trainee solicitor is reason enough for set aside to be denied. Failing that, how on earth do I have a statement from this trainee dated 7 Oct, yet when I spoke to my local court on 21 Nov they had heard nothing from EON?! Following your post on 21st, I contacted the court a couple of days later to ask about this - and was told I should have already received it, and it would be sent again (which I guess explains why I'm receiving it now... But I still don't understand why the court had heard nothing from EON by the 21st Nov.... The only thing I can assume in EON's defence is that at some stage of the case being transferred from Northampton court (MCOL) to my local court their paperwork got "misplaced" - this theory is backed up by the proximity of dates of their application, and the case being transferred - plus their application is headed "Northampton court" - but this has been crossed out and my local court name written instead... Nonetheless that doesn't excuse the 6 weeks of doing nothing about my initial claim however! EON have requested a telephone hearing (can't be bothered to come to court in person it seems). Yet the ntoice of hearing gives my local county court address as the venue - no detail of any telephone number etc. Guessing this means request for the hearing to be held on the phone has been refused! Will phone the court to check tomorrow.... Any interpretation of the above, welcomed and appreciated! Cheers again,