stuckinarut11
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Cheers Martin This is where we are at currently I have been advised a decision will be made tomorrow. We are discussing a full and final amount rather than monthly repayments. I don't want to state amount at this time as it's reasonable and is being given consideration and today I've had a without prejudice phone call with solicitor who was decent and advised it's a front in court and a genuine well done on the appeal especially as a layman. Very determined and thorough He's confirmed they need to settle to cut costs. The legal process has cost the water company in excess of the claim value however as a not for profit organisation they can't waiver my bill hence they lookong to amicably settle but only with a full and final payment
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Here is their offer. The odasitty
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They ain't backing down 11 days before the hearing after a successful appeal of their original claim 50 % of a disputed amount and their costs lets not forget my costs to appeal and for the transcript.
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Court advised it was upto the other party to advise of the adjournment in all honesty the court staff there were appalled by the state of affairs. I have attended court regarding this matter on 3 seperate occasions. I have just spoke to grovesnor who have advised ovo pulled the file so they no longer instructed, spoken to ovo who has advised a debt collection agency will be in contact however they have decided not to proceed with warrent application. What a waste of court time and mine The court have just phoned me to confirm they have received notification that the file is to be discontinued and no further action will be taken through the courts. Court have advised I may be able to recover loss of earnings through small claims court
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Third court hearing today Arrived and waited patiently for warrents to be called, 2 granted mine was not listed. Court clerk dug out file and immediately after last hearing the date was changed to 13th March at the energy company request. I've wasted a day at work attending court today this is becoming a farce and I'm being strung along and played for a fool
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Listed for three hour hearing in March. No alterations have been made to the particulars of claim and the amount has not changed. It's a fact the full claimed amount is not owed so it beggars belief how a judgment can be obtained when I have not had a bill for any amount the judge may find I owe and as such have not been given fair opportunity to pay I'm shocked there still fighting this
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Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
Grievance hearing held today It has been agreed that I will remind off work until the adjustments can be made to my work station. The final written warning and mitigating factors will also be considered as part of the investigation. The union attended and have advised they would support a tribunal claim and mentioned payment of £250 to get things started. I'm satisfied with today's meeting let's see what the written outcome will be -
Update The account has been final billed. The supply had moved to another supplier. I can only assume they got fed up of attending court and obtaining no benefit
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Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
Today had an email confirming receipt of the grievance, was from senior HR advisor as per the LinkedIn profile. Taken off site level. She has advised she will update me of next steps shortly and a telephone discussion is taking place tomorrow she has been advised I do not wish to discuss informally to which she responded she just wants to chat to confirm process etc etc -
Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
My last response was in reply to questions asked. While I appreciate I am not in a position to dictate I am questioning why absences have not been recorded as disability related absence and sickness absence. On site there are over 400 employees so I fail to see why they cannot support a flexible working application for 5 6 hours shifts or even suggest a compromise. The shift patterns changed 5 months into the employment The bottom line is they accepted me as an employee with a full disclosure and have failed to support and or make any reasonable adjustments to help reduce disability related absence -
Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
I want to reduce my shifts to 6.5 a day over 5 days this being the same 30 hours on a fixed basics Half hour break would allow a 6 hour working day x 5 total my 30 hours. Rather than some 10 hour shifts some 4 and some 9 all on a fully flexible contract. The job would suit me if I was not there longer than 7 hours at a time. However to allow things to move forward I'd also want the final written removed as the employer could have done a lot more to support up to now and this would be on the provision that I'd sickness levels don't improve on new shift plan it could be reinstated. I do not think 6.5 hours daily is an unreasonable request however apparently resource don't allow -
Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
The employer is a large home phone broadband and mobile company that supplies lines to the majority of UK homes via an outsourced company they also provide the services to homes under their main brand name -
Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
Yes they do have access and no they have not been involved well there were initially by phone to do an assessment to see if job was suitable and they supported the access to work, last time I spoke to them was Feb 2016. It was an arranged telephone meeting so no ongoing contact -
I'll need to do my calculations Speculation only based on the fact I would never have had a bill for the amount the judge finds I was occupying and considering I will now make payments not exceeding what I think I owe would it be fair to have a CCJ as I would argue that had I been provided with an accurate bill litigation would not have needed to be commenced. I can't have a CCJ
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It is with disbelief that I have had formal notification from CCWater that Welsh water will be proceeding with another claim/hearing to determine the dates of occupancy. I fail to understand how this can be achieved as the claim should be for a specific amount
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Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
When I asked my line manager during the last meeting about the equipment I was advised the request had expired and I'd need another assessment. Looking back this has not been documented in the first and final written warning documents or appeal -
Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
Whilst absence affects the business and 5 does seem like a high number this accounts to 15 days. I'm confident a employee who went off twice with a virus would take the same number of days. The absences are short term. Regarding the reduction of hours it is documented that was at my request not suggested by the employer. A grievance had not been filed however since receipt of the letter above I have filed one I have also been to my gp who has signed me off for 2 weeks with stress at work -
Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
Absence over year 5 instances all related to miagraines and back pain Last meeting was after 3 instances in a 6 months period. My shifts were amended to 30 hours. Since this meeting have had one 2 day absence and left work ealry once due to refusal to do offline work. Prior to initial meeting 2 of the 4 absences were after completing over half of the scheduled shift yet they are being counted as full days. The previous meeting resulted in a first and final and upon appeal it was upheld as the employer had a service to provide and the levels of sickness were affecting the agreed service levels -
Facing Dismissal on sickness grounds
stuckinarut11 replied to stuckinarut11's topic in Employment and minimum wage problems
Letter dumped at desk when employee was on a telephone call neil22.pdf -
Writing on behalf of partner Employment Start date Jan 2016 At time of employment a disability was disclosed at the screening process and a full assessment was carried out by the DWP access to work team who advised a footrest and cushioned adjustable chair for the sciatica. The employer employed on this basics. A year into the employment no support or help has been provided by the employer and to date no specialist chair or footrest have been supplied. The employer is a national company and the working environment is high paced, at times when the employee has been in pain at his work station he has taken unauthorised breaks to strict and his adherence to schedule has been questioned. The sciatica is nerve related and when bad can cause sever migraines. Due to lack of support there has been sickness when the sciatica has flared up or a sever migraine has been present, if the employer supported offline work when at work with a headache so the employee was not constantly starting at a VDU (visual display unit) monitor this would help however the employer has declined this. Furthermore the employer has failed to support a flexible payback scheme which other employees have had approved. Would the equality act 2010 be applicable considering the disability has been disclosed from onset and the employer has failed to provide the items suggested by DWP access to work team?
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Thank you very much. The guidance from this site has been invaluable. The key fact to this was by WW own code of conduct they claim they will read a meter every 6 months. (Kept this under my belt ad it was my last option) As such section 144 4b of the water act became relevant to the case. As such the first relevant date could have been March 2010 or October 2010 or March 2011 or October 2011 and so on. The claimant focussed on purely March 2010 what about all the other attempts? The judge allowed the claimant opportunity to object but the counsel made no permissible explanation and as such the case was struck out on result of appeal. The cost schedule was described as ludicrous when the amount claimed was brought to his attention. The claimants did not have an easy ride. In fairness I was not even called to the stand I was just asked is your agreement purely on section 144 and that the law has been mis applied to which I responded yes your honour
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As for costs. Judge made it clear it's the small claims track so parties bare their own costs
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Well I never thought I'd be typing this Judgment struck out. Judge advised if they wish to recover certain charges then a new claim will need to be heard. Will update later just got out
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This is totally agreed and has formed part of it there are so many questions which could have avoided this matter escalating? What responsibility are the water provider taking for not acting proactively in the six years. Aswell as the above the judge was led as per point 10 in the transcription he was remainded. I also will stress there is no case history in section 144 3 & 4 so therefore any suggestions are purely a matter of opinion. I am confident as can be, there are to many unanswered questions I just hope I compose myself calmly and state the facts and not feel intimidated against a paralegal and barrister why do I have to pay both if I lose? This time tomorrow we should know the outcome.
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The judge has confirmed the property was empty has is Ted several other addresses based on council documents. He also expressed sympathy for my situation. Point 10 is another main aspect of the appeal.
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