Ok. Well a Union can also be helpful. Let us know what they and ACAS say. I'd imagine the latter will be more accessible. re your contract. Again I'm a tad confused. Do you have a permanent contract as well as a zero hours contract !? Or am I just been plain daft ?

Hi Beans . I may be being thick, but I'm unclear what NHS "work bank/ agency" is. Are you employed under a contract of employment and when was your first working day ? Was it before or after 6 April 2012 ? As a first point of contact have you called ACAS ? They offer a free and confidential helpline re a whole raft of "workplace disputes". The helpline is open Mon to Fri from 8am to 8pm. Contact # is 08457 47 47 47, but in my experience, and that of many others, ACAS advisers are generally very good and you can call them time and time again. Please mention to them answers to the above queries as it may have a bearing on the guidance they offer. At this stage I'd simply suggest calling ACAS, explain your concerns and let us know what they say.

Chinna - sorry to hear about your troubles. Not uncommon to hear gripes about protracted appeals ; they are generally a farce. If the appeal chairperson upholds your appeal(s) then you deserve praise. That said, I'd be somewhat surprised. Apparently only say up to 5% of employee appeals are upheld. IMO the only way for appeals to be fair would be for an independent free at point of service body ,such as ACAS, to chair the appeal. This may involve a lot of public resource, but at the same time it may reduce the # of claims being presented to the Employment Tribunals. Sadly, such a solution is not seen as being business friendly and thus employers will continue to allegedly abuse the appeal process. BTW have you contacted ACAS ? Their helpline # is 08457 47 47 47. It's a free and confidential service. I would always recommend speaking to ACAS as a first point of reliable contact. I think your situation is a matter upon which ACAS should be well qualified to offer you some helpful step by step guidance. Is your employer acting lawfully ? That's a matter of opinion, and opinions differ widely. Only a Judge can decide. For what it's worth I'd say that to date your employer may be pushing the boundaries. That said, without the full facts and circumstances it would be impossible for a CAGGER to form a reliable opinion.

Deb. Just read your post and threads for first time. You have my utmost sympathy. I have been in your position and empathise. Thankfully, I was fortunate to have a positive outcome. As per usual CAGGERS are being helpful, but I would like to add the following as I sense there is more to this matter than would appear to be the case. Before commenting, I wish to point out that I am not medically qualified per se. 1. Rebel's guidance has been particularly helpful. 2. Sick harassment is a poignant observation. 3. If you have not done so already, may I recommend that you keep a paper trail and chronology of events relating to this matter, just in case it gets out of hand. If it did you need "evidence". Your employer will most likely have such a paper trial. In that regard, you may wish to request a copy of your personnel file from the apparently helpful folk at HR. Employers are allowed to charge you £10 for such a "service", and generally need said request in writing. You may have to wait up to 40 days for a reply, but a "fair" employer usually gets personnel file copy back to an employee far far sooner. 4. Based on your posts, it is possible that you may well be afforded potentially substantial protection in the workplace under an act called the Equality Act 2010. This may mean that you could be categorised as being "disabled" in the workplace. I do not wish to upset you by making this remark, it's just an observation based on your posts. In this regard I would recommend that you speak to following legitimate free to use and confidential service : http://www.equalityhumanrights.com/about-us/contactus/ In my experience they are very helpful and can hopefully give you further guidance re many of your current and legitimate issues. They can also put sick harassment etc into perspective. Also may be best to mention any work related stress, anxiety or depression you may be experiencing. If you are protected under the Equality Act and your employer is made aware of this fact (including date in the past when you may have been first so categorised) then you may well be in a position to be able to take better control of the current traumatic situation. 5. Also suggest you speak to ACAS helpline on 08457 47 47 47 for free and confidential advice re workplace disputes, but if you call them then you can make your own mind up. I think ACAS are for the main part very good. 6. As things stand your employer may in my humble opinion for the main part be acting in a lawful manner. However, they do appear to be being overly pushy. If you are categorised as being protected under the Equality Act, and have been so for some time, then your employer may have more onerous duties to fulfill, including the need to engage in meaningful discussions re "reasonable adjustments" in the workplace. EHRC can clarify, but one pre-existing example of a reasonable adjustment are your fair and reasonable requests for a home visit. 7. If you do not have one, you should also ask for a copy of an employee handbook and in particular read sections (if any) on sickness absence , contractual paid sick leave and ideally , and if applicable, disability related absence. 8. Worst case scenario - your employer may be seeking to lawfully dismiss you on the grounds of capability. Again, I'd refer you to ACAS who can explain what this means in a transparent, free and confidential manner. Hope that helps. We are here to provide support, but in my humble opinion and based on my own experience use the above free organisations as your first point of call, and then if you need clarification then hopefully CAGGERS could offer an opinion. Hang in there, and so nice that your partner is there to support you. X HH

Hi All, Been off site for a while, through choice. Just catching up on this interesting thread. All I can offer is the following observations based on my own relevant experiences : 1. Side, Emm and I appear to owe you an apology. We should have forewarned you that you would in all likelihood be told to leave any "consultation" meeting and the "employer" was within their rights to do so. That said, was a letter sent to all affected staff inviting them to said meeting and giving them at least 48 hrs forewarning ? if so, the invite letter as per good practice should have made it clear who could or could not attend the meeting. 2. Glad that you have been finally referred to ACAS website etc. 3. A compromise agreement will in all likelihood require that the employee waive any rights to an unfair dismissal claim etc. If you ask for UD reference etc to be excluded then I doubt the terms will be acceptable to the "employer". Scratched record yes, but why not involve ACAS ? but as far as I recollect there is common acceptance that ACAS do most certainly employ excellent conciliators. You may wish , subject to employer's consent, consider ACAS's excellent pre-claim conciliation service (PCC) and/or involve ACAS in COT3 negotiations. It's free, simple and often effective. 4. Better still, the affected staff may wish to club together and find an employment barrister via direct access. In my experience if one person appoints, but say 8 share costs, then they may only be charged £440 in total , inc VAT, i.e. circa £50 each. Moreover, if employer has already offered a compromise agreement to one staff member then ordinarily the employer is expected to offer say £400 plus VAT for employee to take paid legal advice. That may be your answer, you c/o affected staff may then be able to kill two birds with one stone and get most, if not all, of their queries answered by a transparent expert at no cost. On that basis even I would see little need to involve an ACAS conciliator. Furthermore, the affected employees will then have back up of professional indemnity insurance (PII) and credible advice. I may leave myself open to criticism for one again wittering on about non CAG alternatives, But, I sense the OP is taking on far too much here. I'd recommend using ACAS and/or a paid legal professional as principal point of contact from hereon in. Re latter IMHO barristers are generally far better qualified and more cost effective than solicitors. Then as a final reality check you can liaise with the anonymous helpful CAG volunteers. x HH

But , is it resolved !? The employer may be conducting an investigation and then may get around to interviewing OP. Alternatively, it may well , and hopefully, amount to nothing.

Okey dokey and sorry for doubting you. And we may have achieved nirvana with this post. I agree with Emm re first priority being transferor and transferee's knowledge of TUPE. Tactically, I sometimes advocate letting employers screw things up and then take them to the Tribunal. Kinda cruel, but if you educate an employer, they rarely thank you, but they may still make you redundant and/or then fairly, as distinct to unfairly, dismiss you.

I'd be shocked if the exit of ATOS's services caused an undue delay. A cynic may suggest it may speed things up and the outcome may be fairer. I doubt the DWP and Ian Duncan Smith would allow things to go from bad to worse. IDS is already facing some heat.

.... and if the FT link is restricted then simply search on google (there are other commercial site engines) with words .... ATOS ... and THREATS.

And BTW for the avoidance of doubt in posting the thread I clearly do not wish to encourage the sort of threats used by some activists to eliminate ATOS.

As (I) predicted. See below. http://www.ft.com/cms/s/0/5abc8d36-9a28-11e3-8232-00144feab7de.html#axzz2tttGCsxL But, is it a victory ? Well sort of yes, but the war is far from won. DWP may now make ATOS scapegoats, but will still discreetly pay them millions of pounds and may well not even condemn the French based conglomerate for not paying sufficient (if any) corporation tax. A new set of out-sourced, well paid, well oiled cronies (eg G4S , Capita, Serco) with allegedly, with previous, will then be engaged. In any event, well done to the CAGGERS who turned out to yesterday's demo.

Hi again. Clearly Sidewinder appears to be the most knowledgeable CAGGER re TUPE. I did, however, point out the 20 person threshold, and that does in fact apply in the scenario you portray. You keep asking about redundancy. I will bow to Sidewinder's greater knowledge, but as far as I am aware, it is entirely feasible that the new owner could find a lawful reason to make your OH (or is in fact you !?) redundant. The rules are complicated in this regard, and are dependent upon the specific facts and circumstances of your case, of which we do not have sufficient knowledge. Sorry to sound like a scratched record. but in the absence of a "professional" with back of professional indemnity insurance then I would refer you to the link below. In case any members lay in to me for the umpteenth time, I am not advocating the link, but at least it is accurate and up to date : http://www.acas.org.uk/index.aspx?articleid=1655

I will be reporting your two posts to the Site Team also. You are entitled to your opinion Emm, but so are others ; even if they are new CAGGERS. I would PM you but my PM service does not seem to work. If Emm, or anybody else for that matter, thinks that I have broken a site rule, pl PM me and kindly tell me what I may have done wrong x

Hi Curl 75. Never seen your post before, but it is a fascinating read, and clearly Steampowered's contribution has been invaluable. I have seen many such COT3's and/or compromise agreements. IMHO you need to urgently see a professional solicitor with experience in Personal Injury and Employment Law, or better still a barrister via direct access. A law firm would most likely see you at no cost for an introductory meeting, and from what you say in the post they may well act for you on a no win no fee basis re your alleged PI claim. One problem in that regard though ; it's 2 years since the incident. Some law firms are reluctant to act on PI cases at this late stage...in theory you have 3 yrs to make a claim. I make a health warning re solicitors, but that's just my own gripe. If you can afford a barrister I'd appoint one preferably based on a recommendation. The compromise/ COT3 wording should ideally be struck out. Even if it were not I understand that such terms may be unenforceable. I think you you need a qualified professional to be appointed in order to put your case across. It may be a distinct likelihood that the quantum of a PI claim may be higher than an ET claim. Your prospects of a CD claim are IMHO less than 50%. CD claims are notoriously difficult to win and the statistics are against you. In any event that's now a mute subject as you have an offer on the table. You cannot disclose the sum being offered but as a ballpark I'd expect an offer in the order of £3K-£5K (tax free) and you must ask for a guaranteed reference with agreed wording. Do you have legal expenses insurance as a bolt on to your home/ contents insurance ? Finally, I often deal with disability discrimination issues. I am not medically qualified per se, but I have a hunch that you may be categorised as being disabled as a result of a workplace incident under the Equality Act 2010. The topic is a minefield, but if you were disabled then that may add more quantum to a PI claim. In this regard may I recommend that you call the following non commercial free at point of service knowledgeable organisation : http://www.equalityhumanrights.com/about-us/equality-advisory-support-service/ In any event, we wish you the best.

BTW ; a thicko question, but as I don't really do text speak can I presume that an OH .... is your Other Half !? I also have a minor clarification / technical query to ask Sidewinder. In their last post the member says above ..." If your OH was to dig his heels in and start asserting his rights, he could be looking at a redundancy payment plus 13 weeks wages as compensation for a failure to consult......(added for emphasis) ..presumably re TUPE". I understand this is a protective award. As far as I am aware such a compensatory award (if awarded) is up to 90 days (circa 13 weeks). In a case I dealt with the award granted was only 4 weeks due to mitigating circumstances Further, I thought a protective award for each employee could only apply where an employer fails to consult over TUPE (or redundancy) , provided there are 20 or more employees in any one establishment who may be made redundant. Are there 20 or more employees to be affected and/or TUPE transferred at the establishment where your OH works !? If it all goes pear shaped and Sidewinder etc feel your OH may ultimately have a good case I'd suggest that you find a decent employment barrister via direct access and ask them to determine your prospects of success. In my experience a decent barrister may do so for less than £300 assuming you adequately brief them. I wouldn't touch most employment solicitors with a bargepole, but that's purely based on my bad and repeated experiences.