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Batfink

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Everything posted by Batfink

  1. Did you tick the "phased return" box yourself? Or was it ticked by the doctor before he gave it you? Were any other boxes (unfit to work?) ticked too? I'm just thinking that if the doc said you were unfit to work and then you ticked "phased return", that would cause some confusion with your employer.
  2. I've heard of (and worked at) lots of places where you get paid your "standard" hours at the end of the month you work them, and then any overtime (along with that month's salary) at the end of the following month. Using your details - you'd get paid 20 hours in December (at your normal rate) and then, if you're still working in January, you'd get paid 20 hours (standard) plus 80 hours overtime (from December). If you're still there in February, you'd get your 20 hours normal rate and any overtime from January. If you weren't working in February, you'd still get paid January's overtime (plus accrued holiday etc) at the end of February.
  3. Silly question - and some may think this is rather random - but are you based in the UK or USA? I'm thinking you're in the USA - and we really don't have the expertise to advise on law outside of the UK (and more specifically, England and Wales). [For those wondering why I'm asking this - I just got the feeling the OP was US based from (a combination of) the reference to "truck" (rather than car) payments and the US spellings of authoriZe and centER]
  4. Papasmurf has it right. Under English (and Welsh) law, aiding & abetting, inciting or having intent to commit a crime can carry the same punishment as actually committing the crime yourself. Because you were charged with (and pleaded guilty to?) aiding and abetting a theft, it's the same (in the eyes of the law) as if you'd done the actual theft and therefore it is correct that theft is what appears on your CRB. It's just one of those oddities of the English legal system.
  5. You'd have to pay for electricity anyway? What difference is it that you pre-pay? Unless you're in debt to them, most electricity suppliers have a pre-payment tariff that has similar prices to standard contracts.
  6. Why didn't you go to A&E? I've had (multiple) knee dislocations (and subluxations - where it doesn't quite "go" fully) in my time (hypermobile joints) and at no point did I need an ambulance to go to A&E. I'd take painkillers (solpadine are V good for this), wait til they kicked in and then, with minimal assistance*, I'd get up and hop into the car - usually the back as at the time we only had a micra - and then into A&E. Where they'd give me "proper" drugs, and I'd get popped into place, along with a quick referral to the orthopods. In the end, my knee would pop out so regularly (at least once a week, and at nothing more substantial than going down a single step or a kerb, or having to walk more than about 200m), I learned how to pop it in myself and would just then call the ortho secretary to let them know it had happened. For me, it's odd to not know how to manipulate joints back into their true position; I've been doing it since I was a teenager. And there's NO way I'd sit there for 2 days without doing anything about it. Did your son truly not move at all - what did he do about going to the loo etc? If he could get there, surely he could get to a car (taxi?) to go to the hospital... *minimal assistance because my mum was only 5' 2.5" and had COPD and was oxygen dependant at the time. Even though I was only a teenager, I was *lots* bigger than her. The only other person at home was my grandmother, who was in her late 70s.
  7. I'd go with the panel firm. Firstly because the insurer will pay them direct meaning no delays for you and secondly because they will HAVE to be employment law experts, just to get onto the panel. The legal industry, in terms of insurance work, is SO cut-throat that the insurers have the pick of firms out there. I know of a lot of firms who will tender for "standard" work (generally the more "routine" EL work, personal injury, basic property such as leases etc) on a loss-leader basis, knowing that IF the insurance firm is happy with what they do then they run a very good chance of being at the front of their mind when it comes to instructing someone on a more complex (and therefore profitable) basis. FYI I've worked in the legal sector for the past 10 years, mainly in firms doing insurance law (of one type or another). However, IANAL.
  8. Whereabouts were you based for this role? How long were you employed by this company? The answers to these questions will determine what advice can be given.
  9. Once upon a time, I bought a pair of navy trousers from Matalan for work, in a size 16 (they were slightly too big around the waist but the 14 was too small). The seams (inner leg) came apart on the first wash, so I took them back wanting a refund under SOGA. I was (initially) refused one by the person on Customer Services because of being "obviously so fat that I burst them". Because, apparently, a size 16 was "huge and disgusting". I then escalated my complaint to management, and got a refund as soon as I told them what had happened. I then wrote to Matalan Head Office to complain about the service in-store. They sent me back a half-hearted apology and a £15 gift voucher. Which I returned, saying that I'd never set foot in a Matalan store again. And I haven't (this was in 1996).
  10. Just a quickie - how would it be sex discrimination? You imply that your friend is female - as (I presume) are these working mums (otherwise they'd be dads).
  11. I've rented for 15 years now and have never had a hoover provided - would the OP eat off the cabinets if plates weren't provided? And what about "disposables" such as bin bags/loo rolls/light bulbs??
  12. Just one question - did your OH "contemplate* a form of physical violence" or did he ACTUALLY swing for the guy but because the "van owner moved simultaneously" miss him and therefore there be "no contact"? If, after the incident mentioned above, your OH could carry on with his duties, why couldn't he do this BEFORE the incident? He had, imho, done enough by requesting the van be moved and reporting it to the Site Safety Officer; why did he need to ensure the van moved? *my bolding
  13. If it's a six month AST starting on 10 August, the fixed term (not the tenancy as you have put) ended on 9 February not 10 February. Each rental period thereafter runs from 10th to 9th. So, if you gave notice before 10 March, this would expire on 9 April. You say you're paid up to 10 April. So why are you so keen to hand the keys back next week? You can hold onto them until 9 April - so you can hand back the keys after the landlord comes back. As for securing the property - just do what you would normally do if you were going away for a couple of days. Make sure it's secure, maybe leave a "strategic" light on. And go back every second or third day to deal with post.
  14. And don't send it recorded if you have any inkling that they won't sign for the letter or (if they get carded) won't go to the sorting office to pick it up. Instead, send two identical copies from two different post offices, getting proof of postage from each. The letter will be "deemed served" two days later. If, when it comes to Court, there's a hearing and he disputes receiving the letter, the fact that you have two proofs of postage will go against him. It's very rare for one letter to go missing - so by two going missing the odds must be really high. And remember - as well as the interest, you can claim all Court costs back.
  15. Is it Unum? If so (despite me being really worried about their reputation), I've had really positive experiences of their Rehab team. I have a long-term chronic illness (ME) and they are my work's Private Health Insurers (PHI). When I wanted to go part time due to the ME, they came and visited me to see if there was anything else they could do to assist. In my case, they told work that I needed a parking space (we have an underground car park but usually only partners and clients can park there). The lady who came to see me was really nice, I had my flat mate with me when she visited and we just went through what I could and couldn't do, my medication etc and how I feel about working. My condition has deteriorated recently and I've been re-referred back to Unum and I feel more confident about seeing them because I know how much they helped last year.
  16. I know that at all legal firms I've worked at (over ten years) all trainees have been on fixed term contracts for the duration of their TC, even when they've been employed before (as a paralegal, for example). If they're taken on at qualification (which is NEVER guaranteed), their period of continuous employment is from the first date they originally started with the firm, not the start of either the TC or at the point of qualification. One lawyer I know started as an NQ and received the "extra" five days' holiday you got for being employed for over five years.
  17. In which case - why bother with nursing? If you can afford to fund an action like that, then you don't need money from working! It's more sensible to say "OK, I made a mistake, not checking the legal limit for blades. But now, I check everything twice and think that would definitely help me in nursing"...and see what potential employers etc say to that.
  18. Is the Respondent represented (by a legal firm)? If so, what will happen is that their file, plus one copy of everything supporting (bundles, documents etc) will go into storage (secure) for six years. Anything remaining copies will be (securely) shredded.
  19. Oh, and why photo? So they can put it up in their security room (where they watch the cameras) to double check against if you come into the store. Can be a veritable "rogues gallery" in certain establishments.
  20. Why not speak to your landlord and arrange to pay the rent LESS the cost of the invoice (which he has a copy of now, I presume)? Would mean less admin for you and him...
  21. 1: IT DEPENDS. If you do, then it will be (or should be if your Solicitor is on the ball) accounted for in your settlement. 2: YES. The Defendant's solicitor will fill a (specific) form in telling the Compensation Recovery Unit (CRU) of the DWP the date and amount of the settlement. 3: NOT OFFICIALLY - but I would, you know what the DWP's like. 4: POSSIBLY - It depends on the amount of the claim and how it's paid 5: YES - Speak to your Solicitor about setting up a trust. HTH Batfink (Legal Secretary (and former Paralegal) with 10 years' insurance experience, both Claimant and Defendant)
  22. No, I've never knocked anyone's head off. That is why I don't have ANY cautions - let alone five. Speaking to people in that tone will not get you very far. Violence will not get you any further...
  23. With kids of that age you won't go wrong with something like a First Choice Holiday Village - the Spain one is at Benalmadena http://www.firstchoice.co.uk/holidays/costa-del-sol-holidays/benalmadena/holiday-village-costa-del-sol/ Kids have something to do, adults don't have to worry, icecreams are included for the kids...I'd definitely go AI, for us (just two adults) it means that we don't have to worry about taking hundreds of pounds away with us, just some cash for duty free, trips and tips...I'd hate to think how much cash you'd need for two teenagers and a little one too! Or you could go further afield...I know there's one in Egypt - it was next to the hotel we went to a few years ago. If you're entirely new to the "holidaying abroad" thing, I'd go with one of the major tour operators - First Choice, Thomas Cook etc. They have reps at the airport when you arrive, on site at the hotel/holiday village and again at the airport on the way back. And they do some really nice trips out and tours etc if you want to do more than veg at the pool. I've never had a problem with either of those companies and have used them every year for the past six years (from trips to Bulgaria, Kenya, Egypt, Venezuela, Cuba and Cyprus). Either look online or just nip into one of their shops and explain what you want. They'll definitely be able to sort you something out.
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