Hello all, Basically i am facing an internal hearing regarding performance issues. I am a Head of Care nurse (with an 18 year unblemished record of service) at a hospice that cares for terminally ill children and, whilst my performance has dropped in some areas, it is is because my workload has massively increased over the years and I have suffered the loss of my son through suicide (5 years a go) all leading to what i now recognise as stress and the associated facts (behaviour changes, performance drop etc etc). It is noted in my managers notes that as far back as 18 months a go that she noticed i was stressed and that there was "tittle tattle of a destructive nature" being said about me by staff without my knowledge, yet she took no decisive action to protect/support me. Due to the nature of our work i have ensured that my staff have access to a counsellor (and discussion groups) to prevent/deal with stress issues but I didn't attend these to prevent the notion of conflict of interest, yet my employers (my general manager and Board of Trustees) took no similar steps to protect me. so my question is, am I entitled to ask my Board of Trustees to provide me with the following documentation in advance of the hearing as it forms a key part of my defence; The health and safety policy and risk assessment that allowed the hospice to comply with the Management of Health and Safety at Work Regulations, 1999 and Health and Safety at Work (...) Act 1974, with specific regards to action taken to protect Senior Management The hearing is next Tuesday so i would appreciate any help Thank you

Hi - I'm currently quite in some predicament as by the looks of it I have to start 2 separate court actions relating to the same item... In a nutshell: Sold an item of quite some value (bit more than 1k) to a retailer of these speciality items in the Netherlands (I'm a private individual). The transaction has nothing to do with Ebay and was completely independently negotiated. As an alternative to Paypal we agreed for the buyer in the NL to pay the money into an escrow account run by a solicitor practice in Germany. Following confirmation from the solicitor practice in Germany, that the escrow deposit had been received, I sent the item via courier (UPS) in July 2012. According to UPS tracking the item was received and signed for 2 days later. 5 days after receiving the item the recipient claimed the item to be damaged (claiming the packaging was intact externally and he had no time to unpack it earlier). Based on his comments and images sent, I raised an enquiry with the booking agent who forwarded my claim to UPS. UPS requested an on-site inspection of the item; - which the recipient refused. As UPS rejected liability in the first instance, the booking agent's goods in transit insurance based their rejection on UPS' decision. I have requested the recipient since mid August 2012 numerous times (in compliance with the terms and conditions set out by the German solicitor company holding the escrow deposit) – to return the item to me in order for me to agree to release the money in the Escrow account back to the him. Since my first request in August 2012 he has not returned the item to me and instead come up with various insinuations and accusations apparently justifying why he is going to keep the item at his premises till further notice (unless I provide him with an unlimited guarantee to release the money in the escrow deposit account to him, no matter in which condition the item is returned to me - in which case he could send me an empty box and still try to force me to release the money to him). Hence I have already sent a letter before action to the courier booking agent and only received an acknowledgement letter from their solicitor missing any date by which they intend to respond as well as missing any additional information I requested from them. Separately I'm now in the process of filing an European small claims case (ESCP) against the buyer in NL in order for him to return the item to me or for him to pay the item. I'd be very grateful for further advice - eg. regarding the UK small claims time-scales (the CPR only state a reasonable timespan) tomorrow the 14 day deadline set in my letter before action has been reached yet due to their acknowledgement I was told by someone with a legal background I would have to provide them with another 14 days before filing the claim? When submitting the claim, does it have to be accompanied by a covering letter - if so - are there any templates on here? Further can anyone advise me regarding successful self-representation in court as due to circumstances I cannot afford a solicitor? There had been a similar thread some time ago ("DHL Courier Service - lost items - no re-imbursement") and due to not having enough posts I cannot contact the OP and others who had been successful in similar cases directly... Also regarding the ESCP - where would I have to file it? I'm hoping to be able to file it here rather than in NL based on 'place of performance of the obligation in question' - however I'm not sure if returning the item qualifies as that..??? Further regarding claiming costs of proceedings - as I cannot foresee which expenses I might have during the course of the ESCP can I just state an estimated amount? - the guidelines available for download don't specify it more in detail! I'd be grateful for responses from anyone with personal experience of the ESCP!!! Also - would it help to put pressure on the person in NL to file a criminal report for embezzlement (and may be attempted fraud as a few of his statements/claims were quite dubious to say the least - however I haven't much tangible evidence for that) with the police - if so here in the UK or in NL? Many thanks

Hi This ones been doing the rounds of late Changes in the bankruptcy procedure, no longer have to go to court / see the judge? http://rnn.cabinetoffice.gov.uk/Press-Releases/Paving-the-way-to-business-freedom-6816b.aspx We will have to wait and see, but very interesting nevertheless

I entered a Parking Eye [supermarket], car park yesterday to drop somebody off for shopping - I was in there for about four minutes, then drove out. An hour later, I re-entered, parked, went in the cafe, collected the same passenger, and left, after about 30 minutes. As I entered twice within two hours, I expect to get some crap from "PE", what is the procedure to follow under the new system, please? Sam

Morning all My husband and I have owned a static caravan at a large commercial holiday park for 4 years now. We have, since the very first year, had problems with the park's drains and septic tanks whereby the tanks are not sufficiently able to handle the amount of sewage passing through them and, as a result, raw sewage has erupted from the ground a couple of meters from our caravan on many occasions, where my 2 young children play. When there has been heavy rain, this has only made the problem worse. The story is a long one, but at this point I would be very glad of some advice as to where to turn next. We have complained many times to the park itself. The General Manager of 2011/2012 (there has been a new one every year we have been there!) approached Head Office. They shirked all responsibility. I then wrote to the General Manager and sent in photos. Still nothing. I then turned to the British Homes and Holiday Parks Association. It said that if offered an arbitration service. I forwarded them the letter and photographs, along with a further letter and further photographs of another eruption. Far from "arbitrating" they simply sent my letters and form to the General Manager of my park! Whose response to my pages and pages of letters and photos was half an A4 piece of paper, basically saying "sorry, not our fault". The BHHPA then simply wrote to me and said "here is their reply, we take it this is an end to your needing us". To say I am angry is an understatement. We are selling our caravan this year (assuming we can!) as it has caused so much stress, plus the now extortionate ground rent is simply too much for us to find each month. In any event .... is anyone able to assist with some advice re my next step? I simply don't know where to turn to next. I was going to write to the Head Office myself, as their only correspondence so far has been through the General Manager, but not sure this will do any good. Is there anyone out there who actually sets the rules and regulations that the park owners have to abide by? Many thanks for your help. Victoria

hi there i cant find any where that states the procedure that a la should follow when applying for a liabilty order is it first reminder second reminder final reminder court date 14 day letter then finally bailiff attenedance thanks for any help given:-D

Hi, I am currently suspended from work following alleged theft of paperwork to cover up false information (which I didn't do). My employer has been carrying out an investigation in which I have been interviewed. They were also due to interview the person who provided the information which is alleged to be false on Monday at 12noon, at 11.30am on Monday I received a call to advise they were proceeding to a disciplinary hearing and would be sending me a letter confirming this, which I received on Tuesday. I checked their disciplinary procedure/policy and it states - "Once the investigation has been completed a decision must be reached on whether the matter should proceed to a disciplinary interview or if no further action is necessary. If a disciplinary interview is necessary, the employee must be interviewed and informed of this decision. If no further action is appropriate the employee must be interviewed and informed of this decision". I have raised concerns with my employer that they are failing to follow their own procedure as the investigation was not complete when the decision was made to proceed to disciplinary hearing and I had not been interviewed and informed of their intention to proceed to disciplinary - my employer is dismissing my claims and have stated that they had enough findings to making a decision prior to interviewing the witness and that the witness would not be able to answer any questions relating to the whereabouts of missing file and that being interviewed/informed of going to disciplinary would infact be part of the disciplinary hearing. I would be really grateful for any advice. Thank you in advance.

How on earth can one have a Scottish decree recalled - 3 years after it was made? Royal Bank of Scotland misled the Sherriff's court and insisted that there was no PPI on a debt that they were suing on. They got their decreee and the defendant has suffered great hardship and difficulty ever since. She is now able to prove the existence of the PPI policy. In England it would be straightforward to have the judgment setaside in these circumstances. In Scotland, it seems that there are very strict time limits - max 12 months. Anyone any idea? How can one reopen a case in order to remedy a grave injustice caused by the Robber Bank of Scotland?

Hi, I started a 12 month contract with bannatynes on the 20th sep 2011. I want to cancel my account ASAP but not sure how to do it after hearing of peoples 'lost' letters ect. So I have a few questions. what information do I need to put in the letter other than my name and cancellation message where do I send the letter/can I just hand it into my local ranch How can I avoid them saying they lost my letter thanks,

Joining a party as Defendant to an action I am a litigant in person with very limited resource and not enough disposable income to pay for legal counsel. I am being sued in the High Court by an unscrupulous multi-national for whom I used to work and I find myself at a disadvantage due to my lack of knowledge pertaining to proper High Court procedures. The claim relates to a loss ocassioned by one part of the multi-national group (A) ocassioned by a breach of contractual undertaking to a client by another part of the multi-national group (B). (A) is now suing me for acts that occured long after the breach by (B). In an attempt to recover its losses from an external source, rather than from its sister company (B), the claim disingenuously alleges that my subsequent acts caused the loss. Moreover, (A) has dishonestly attempted to conceal the contractual undertaking of (B) and has not referred to it in its Statement of Claim against me. I have subsequently discovered the existence of the undertaking, the breach of which was the true cause of the loss sustained by (A). I would now like to apply to the Court for an order under CPR 19.4 to have (B) added as a Defendant to the proceedings on the basis that clear evidence exists that (B) was the true cause of the loss for which I am now being sued. In the alternative, I would like to apply to the Court for the case to be struck out on the basis that it is an abuse of the Court's process. However, I have no idea how to make a proper application to the High Court for such an Order and I am afraid that, notwithstanding the merits of the application, that it may fail for improper adherence to the proper process. Any advice would be gratefully received.

June 2008 I started with a billion Euro multi national. I found I was physically and mentally weakening and took a lot of sick leave. Work sent me to Occupational Docs and I explained myself and was examined. I continued to become more ill. Eventually, on the verge of suicide etc. I begged my doctor to find out what was wrong with me. He took my blood on a hunch and discovered I had a brain tumour. MRI scan confirmed I had a macro Prolactinoma and it was massive but totally treatable over time. How long? I cannot get a definitive answer but it looks 3-5 years. A year on I had to return to work because I had no benefits etc and the first day back, I was ignored by my collegues and one actually accused me of taking the ****. I tried to explain myself but was just sworn at and shouted down. The entire staff seemed against me and I was immediately moved to another department and they weren't happy with my prescence either. I put in a grievance. Investigation took place and I stated that all I wanted was to be happy and be allowed to recuperate. Workmates weren't happy. Meanwhile, I make sausages as a hobby and used to give some to various people at work and also sold some at work-about £25 worth because people ordered them. I thought nothing of this as other collegues sell rabbits that they've shot, fish they have caught,chocolates and knock off clothing. 3 months from my grievance they charged me with gross misconduct and suspended me. This really set me back immensely. I was given a final written warning valid for 12 months but my health and well being really took a beating. Told the doc what had happened and he booked me off. My consultant also saw the change in me and said I had depression. I have put in another grievance against management for not dealing with my situation properly. Ignored and now they want to dismiss me on medical grounds. I am still in a lot of pain and I am still depressed over being a social outcast at work. Any ideas? They have requested my med records now but I am reluctant to give them my permission. By the way, had my condition been diagnosed when I first displayed symptoms, I would have probably been healed by now but because the docs hadn't detected it, the disease really caused mayhem in my body and mind. I can honestly say that I would have preferred to have been crushed and spent 10 months in hospital than this horrible disease. It has cost me dearly.

Hi, Could someone please clarify for me when an informal chat about a potential disciplinary issue, ceases to be informal. I have had an 'informal chat' today with my stores' Assistant Manager - something I knew was going to happen today, as she was off Sunday and I was off yesterday - over an issue that I am supposed to have done Friday night, which I was made aware of Saturday morning (although I believe I did not do anything wrong). Also present was another member of staff (someone I don't particularly want being party to this issue) who was there to take notes. I was refused representation as my AM told me this was an informal meeting and I was not entitled to representation. She also told me that a copy of these notes were to be sent to Head Office. I am extremely concerned that this is not correct procedure and that I am being treated incorrectly. Any help or advice with this will be greatly appreciated as I have been worried sick all weekend, and this has done nothing to alleviate that, especially as my AM now tells me that I will be having a disciplinary. Please help.

Hello, this is my first visit to the CAG and I am hoping for some advice. To cut a very long story short I injured my back at work in April 2006. Government employer would not support it was an injury at work even though went through all the right channels. Carried on working, taking sick when I was in so much pain I couldn't walk. Placed on sickness monitoring twice, had occupational health referrals, placed on final written warning in November last year. Had to take 2 days off in March and was told by line manager she had sent report to big cheese moving for dismissal on capability grounds (due to sickness not the quality of my work when at work) and I would hear in a couple of weeks..... then nothing. Basically referred to Occ Health again in August who say my back condition falls under scope of DDA. Wont bored you with the ensuing situation but would like experiences/advice/thoughts on the fact that the DDA effectively kicks in after 12 months (am paraphrasing, I know there is more to it). As it was clear from my sick absences that this was an ongoing condition should my employer have recognised this earlier, should the occ health advisers have known/mentioned it? It is vaguely alluded to as a 'grey area' but nothing really explicit is asked for or mentioned in the reports. Sorry, that was waffly - basically should my employer have been considering it applying once my condition had gone past 12 months. Phewww, hope that makes sense! Hx

Me and my partner have been fighting Npower since the start of 2007 and it is still ongoing. When I met my partner 2 1/2 years ago she had a token meter and one day I went to put one of her tokens in to find that she had a debt on the meter of around £860 being taken at £3.02 a week. She was unaware that there was a debt that high on the meter and told me that it should have only been around £64 from when she changed from a credit to a token meter but thought it had been paid off through the meter a long time ago. We opened up a complaint well what a song and dance that has been. customer service have not been any help. one tells me one thing and they can do this and that while another says they can't. mid 2004 credit meter was changed to a token meter with a debt on an old bill found of £64. however once the complaint was opened Npower said they need to look at the meter e.g. take it out and put in a key one as they said old one maybe broken. We then find out the meter wasn't looked at and looking further into the account the debt is actually £1680 of which they can on the old meter only put a debt on of £999 as thats all it will allow on one go. this has gone on now since 2007 to the point we spoke to a manager on the phone for an hour and she said well you must owe it. Before speaking to her 1st April gets our quartly statement december 7 to march 10 bill was £1448.99 on the 3rd of april gets a letter saying that the debt of £1500 will be taken at £10 a week and added to the token key in a few days. We as manager why it has gone up £51 and she said it could be emergency credit. but it cant be right that from 10th march to april 3rd that it would be £51 She went onto say that a warrent of exacution was sent out to force a token meter in march 2006, however my partner phoned up june 2006 to ask why there was a warrent (this was logged on computer) when she already had a meter and they came march 2006 to change the something on the meter and gave her a new card. The manager said there was a new card around that time but we would have to send that old one back in to prove our case. partner said that the old card was sent back to them in 2006 as they requested in writing to send it back which they still do now because when we went onto this new key meter they wanted our old card sending back to them. She told us to put everything in writing explain everything and the back dated statements we had been asking for over the course of 2 years for 2004-2006 and mention this managers name so they know we spoke to her. Now the other day we were told we still owe the debt they are not looking into it anymore now and if we want the back dated statements from 2004-mid 2006 they are £35 each statement which would cost us around £350 Is this right can they actually charge £35 per statement I thought under the data protection act (subject access request) We are allowed for a small fee to have copies of whatever information companies hold on you for a fee of around £10?? She went onto say that they dont have to prove we owe the money we have to prove to them we dont how the hell can I do that when they wont release the information as we haven't got electric statements dating that far back. What Npower have tried to say is that we had a credit meter in from 2004-2006 and never paid them (hence the warrent of execution to force one in march 2006) although there was already on here. They haven't answered the question if we didn't pay electric for 2 years you would have cut us off.