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i need to ask some genuine advice now guys...

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Old 18 August 2008, 05:11 PM
  #31  
DYK
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m8 my sister is in the same situation as you are,she works in a hospital in a laboratory.Some machine that they use for tests was faulty and no notice was put up to say it was faulty.Anyhow she was using this machine,and the lid collapsed and crushed her hand damaging all the nerves in her arm..she's been off for about 9 months now and the Hospital have had to carry on paying her a wage (it's the law) It's going through to court too,as the Hospital is not declaring they were at fault.They can't just stop paying you.Go back to your union HR try everything again.
Old 18 August 2008, 09:12 PM
  #32  
Ved
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Just read all this and I just wanted to wish you the best of luck with everything. Keep us all up to date mate.
Old 19 August 2008, 02:26 AM
  #33  
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cob,

Sorry haven't had time to read the whole thread, but I am 99% certain your employer can't stop you getting work unless they are prepared to pay you as if you were employed by them like they say you are.

If I were you I would find a good solicitor who specialises in this sort of thing. I reckon for less than £100 you will get the advice you need and a letter sent to your employer explaining what they are doing wrong and asking them to put it right before going fully legal and that should do the trick.

I know £100 is a lot of money, bit beg, borrow or steal as it will be worth it in the end.
Old 19 August 2008, 07:37 AM
  #34  
chocolate_o_brian
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Originally Posted by f1_fan
cob,

Sorry haven't had time to read the whole thread, but I am 99% certain your employer can't stop you getting work unless they are prepared to pay you as if you were employed by them like they say you are.

If I were you I would find a good solicitor who specialises in this sort of thing. I reckon for less than £100 you will get the advice you need and a letter sent to your employer explaining what they are doing wrong and asking them to put it right before going fully legal and that should do the trick.

I know £100 is a lot of money, bit beg, borrow or steal as it will be worth it in the end.
I have already got legal assistance through my Union which I pay monthly subs into. But as per the norm, when required the most, she is away on holiday. I am considering speaking to my Union representation today to find out off him what i can do in the meantime. I would look at another solicitor, but if I do this, I lose the right to a free one provided by my Union. At £275+v.a.t. p/h I cant afford to go private lol.
Old 19 August 2008, 10:55 AM
  #35  
Lisawrx
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Is it out of the question, to go and see one of those solicitors who give so much free advice? They may be able to provide you with some information, that those dealing with your case either don't know, or just aren't acting on. Prepare a summary of what is happening to save a bit time when you get there. If it's free, you have nothing to lose, but possibly something to gain.

Other than that, you need to speak to whoever deals with sick pay, as incapacity benefit aside (as you aren't getting it yet), you must be entitled to something even just ssp. If you are still technically employed, and as such because of this case, you are not allowed to seek other employment, you must be entitled to some form of pay. Whether that be from you current work, or government ssp, I don't know. I can't believe for one second one or the other isn't obliged to be providing you with even a small amount of income. I know this country can be **** at times, bt surely it doesn't expect someone to survive on nothing.

You need to be more pushy with people here, to get this sorted out, as it seems you are just getting the run a round. Hope it works out soon for you.
Old 19 August 2008, 11:59 AM
  #36  
chocolate_o_brian
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Originally Posted by Lisawrx
Is it out of the question, to go and see one of those solicitors who give so much free advice? They may be able to provide you with some information, that those dealing with your case either don't know, or just aren't acting on. Prepare a summary of what is happening to save a bit time when you get there. If it's free, you have nothing to lose, but possibly something to gain.

Other than that, you need to speak to whoever deals with sick pay, as incapacity benefit aside (as you aren't getting it yet), you must be entitled to something even just ssp. If you are still technically employed, and as such because of this case, you are not allowed to seek other employment, you must be entitled to some form of pay. Whether that be from you current work, or government ssp, I don't know. I can't believe for one second one or the other isn't obliged to be providing you with even a small amount of income. I know this country can be **** at times, bt surely it doesn't expect someone to survive on nothing.

You need to be more pushy with people here, to get this sorted out, as it seems you are just getting the run a round. Hope it works out soon for you.
as stated in above post Lisa, I can't go and get advice from different Solicitors, as that contridicts the T's & C's which I signed in the agreement for the free advice I'm recieving now.

Yes they are obliged to be paying me at least SSP, as I have provided them with relevant sicknotes. The problematic thing here though is I have three sicknotes, my backdated med5 form (for backdated sickpay) and most recent med3 form are with the benefits agency. This is because they refused to pay me SSP on the basis they believe I havent earned enough. Twaddle I know, so I was told by the relevant peoples to send sicknotes to the benefits agency. So my employers will simply use that as a weapon against me, as they demand the originals not photocopies and the same goes for the benefits agency.

Like I i also said in a previous post, I can easily query with someone higher up, but via post, (as telephone doens't get you anywhere at my level), but this would take weeks to sort out due to their general incompetence. There are 4 H.R. girls dealing with 820 disgruntled staff, so if I got a two line response within a week, it's good.
Old 19 August 2008, 01:10 PM
  #37  
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I am really sorry to hear about your problems Chocolate. I think your previous employers are being extremely unfair and mean. I don't know any advice to give but all I can say is that I hope it all sorts out alright for you.

Les
Old 19 August 2008, 06:56 PM
  #38  
mart360
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Originally Posted by chocolate_o_brian
Hi Paul, I'm not allowed to go get any temp work. This is because I have appealed the dismissal decision, and thus are technically still employed by them.

So if I went and got say a temp job via an agency without my employers pre-written consent, I am violating the Terms & Conditions of employment and will be dismissed immediatley for gross misconduct. It's proper ghey, but that is they way it is with them

Simon, I am currently jotting down details of what I have done today, and will take notes from any conversations from phonecalls I recieve tomorrow.

If you have been dismissed, then you are dismissed, appeal or not withstanding, otherwise what are you appealing for?

You are appealing for your "job back". I think perhaps its time for the gloves to come off with your employer, and some negative press to be slung there way.

To be brutally frank, unless your case is 100% cast iron, and you want to go back and work for them, then i,d start lining up alternative employment. Lets face it, they don't sound like there a good firm to work for.

If i recall, many people who i have known have gone to tribunal with there previous employers, were re-employed with new company's by the time the case gets heard. and it didn't make one bit of difference to the outcome.

It sounds like there just stringing you along, to either make things very uncomfortable for you, or they cant afford to pay you, (of that i would be concerned.)

Perhaps you ought to be banging on your union reps door, and apprasing him of the situation. surely they can offer some financial support or know of some relevant agencies who could help.


failing that, get your local rag involved,

nothing ventured etc

Mart


Ps been there and done that
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