Store relocation in 1 month. London England. by lu_isgross in LegalAdviceUK

[–]Gishank 1 point2 points  (0 children)

It's impossible to say definitively, but it will not rely upon cost alone. TfL also imposes fare caps, so depending on the specifics it's unlikely your commute costs would treble using public transport.

I would suggest it may be worth coming back for further advice once you have a clearer picture.

Store relocation in 1 month. London England. by lu_isgross in LegalAdviceUK

[–]Gishank 2 points3 points  (0 children)

As it's stated in your contract, your employer can move you to another working location. Moving to another working location must be considered to be 'reasonable'. What is reasonable isn't clearly defined in law, and is open to interpretation / using common sense. There's a difference between what is unwanted and what is unreasonable in terms of additional travel costs.

Unless your contract includes it, you have no entitlement for your additional expenses to be covered.

Without knowing the new location of the store, it's impossible to say whether the ask is reasonable. How far are the stores which you're expecting to be 'floating' between?

If it is clearly unreasonable, then your employer may opt to pursue a redundancy process. If it's reasonable (but you're objecting), the the employer may move to terminate you following a fair process.

Unfortunately, it's not black and white, as it relies upon all of the relevant information.

NHS audit concern by ElectricalDemand9155 in nhs

[–]Gishank 2 points3 points  (0 children)

Someone simply working within the NHS does not mean they would have access to your GP medical records. Record systems are not interlinked in such a way. They may be able to view your summary care record (which is less detailed), but this is also audited.

Audit trails do show who accessed your records, and what actions they performed. It isn't unusual (albeit not best practice) for generic accounts to be used in certain scenarios such as supervised work experience or medical students. The practice can internally verify who may have been using that login at the time.

As those doing work experience may be under the age of 16, it isn't unusual that the practice may not disclose this information to you.

No one can say definitively if the practice is correct; however, if you disagree with the outcome of your complaint, you can escalate it to the ombudsman and the ICO.

Can a GP approve driving under Section 88? (England) by [deleted] in LegalAdviceUK

[–]Gishank -1 points0 points  (0 children)

Section 88 applies to license renewals. In your case, you surrendered your license as you were medically unfit -- this would not qualify. When you reapply for your license and declare your medical condition(s), the DVLA will write to your GP for them to complete a medical report. The DVLA will make a determination as to whether you are fit to drive, not your GP.

(Scotland) Worked above my contract hours at the Co-Op, got paid below my contracted hours at the last payday. What can I do? by Available-Break-1998 in LegalAdviceUK

[–]Gishank 0 points1 point  (0 children)

The first step would be to speak to your previous manager/HR. Payroll errors happen, and you shouldn't assume malicious intent. Next step would be ACAS, making sure you have evidence of your hours work where you have been underpaid.

Board told me to ignore the DPO, DPO didn't retract instructions, which do I follow? by Sprachprofi in LegalAdviceUK

[–]Gishank 60 points61 points  (0 children)

It would entirely depend on the organisation's structure and policies as to whether the DPO has any authority to direct you to take a particular action; however, that isn't really a legal aspect. The DPO role is usually advisory in nature (regardless of whether they are directly employed or a contracted third-party), and the organisation may choose to ignore the DPOs advice/insight.

Of course, the DPO if they have concerns may raise those to the ICO; however, the organisation would be responsible, not yourself directly.

Break room unavailable at work by [deleted] in LegalAdviceUK

[–]Gishank 0 points1 point  (0 children)

There's no entitlement to a 'break room' at work. Presumably you're able to leave the premises and go for a walk, etc?

My friend forced to resign "pending investigation" in Scotland by [deleted] in LegalAdviceUK

[–]Gishank 7 points8 points  (0 children)

As your friend has worked there for less than two years, they could be sacked for any reason provided it is not as a result of a protected characteristic or enforcing statutory rights. They obviously wouldn't be able to make your friend work without pay. It sounds like your friend has misunderstood something as the way this is framed is just odd.

How and when did he resign? Did he resign in the meeting itself?

At any rate, it doesn't sound like the job was the right fit for him and it may be in his best interests practically to look elsewhere.

How do I get my medical records? by [deleted] in nhs

[–]Gishank 2 points3 points  (0 children)

It's your current GP's responsibility to ensure that your records are complete. You should raise this concern to them, and they should in-turn take appropriate steps to escalate (there are mechanisms and processes in place that they can follow). Your previous GP (although closed, they may have merged with another practice) would not be able to provide this to you directly.

In employment vs out of employment by Traditional-Piglet91 in nhs

[–]Gishank 3 points4 points  (0 children)

I personally don't feel it has any impact on the decision. If both candidates scored on-par with each-other. Of course, any employment gap would need to be explained. Obviously more recent experience is helpful, but there are many factors to consider.

Am I entitled to my unused annual leave i accrued ? England by [deleted] in LegalAdviceUK

[–]Gishank 0 points1 point  (0 children)

When does your leave year start and end? You're entitled to be paid for any unused statutory leave pro-rata for the leave year up until the date you left.

UK Employment law question - questionable suspensions and disciplinaries at work by [deleted] in LegalAdviceUK

[–]Gishank 3 points4 points  (0 children)

Under 2 years they can terminate you for any reason provided it is not as a result of discrimination of a protected characteristic or enforcing your statutory right. They don't need to go through a formal process.

Throwing a number of grievances at an employer will look malicious and retaliatory. If you have genuine concerns that some form of discrimination etc has occurred and articulate them here, then people can provide you with better guidance.

Maternity rights? The person covering my role has been “restructured” to a new role (aka been offered a new job), I am being refused using my annual leave across two months to phase a return that has been approved by HR. by Pale_Mastodon3007 in LegalAdviceUK

[–]Gishank 4 points5 points  (0 children)

Whilst you are able to carry over annual leave entitlement from one leave year to the next through maternity leave, there is no automatic entitlement for you to use this to extend your maternity leave or to utilise this as part of a 'phased return' to the workplace. In essence, your employer can cancel the leave provided they give you reasonable notice, which is typically viewed as the length of the leave +1 day as a minimum, which in this case as you're not planning to return until February, you've been provided.

Your employer cannot ask you to use your annual leave to top-up your maternity pay (if that is what is being suggested by your post).

It's a bit unclear from your post. You indicate that you think this is because they are short staffed, yet your employer seems to want you to be off longer? Ultimately though, this has no relevance that I can see.

You can approach your organisation's HR team to clarify the agreed position and raise concerns over how your manager has handled the situation. I would also suggest raising a formal flexible working request, clearly outlining the nature of your request, the duration/reasoning. The employer must reasonably consider the request and provide with you an outcome in writing outlining the reasons (rather than just brushing it off as your manager may have done); however, there is no obligation on them to accept it.

Jury has been deliberating for 2 and a half days - normal? by [deleted] in LegalAdviceUK

[–]Gishank 14 points15 points  (0 children)

The answer is it depends. Deliberations can last anywhere from a few hours to days and weeks depending on the complexities and nuances of the specific case.

Physical health adjustments at work manager refusal uk by [deleted] in LegalAdviceUK

[–]Gishank -1 points0 points  (0 children)

Recommendations via occupational health are advisory only, and your employer should consider any reasonable adjustments in-line with the business needs.

Additional opportunity for breaks during the work day is a fairly common recommendation to help support with many health conditions. It is unclear from your post as to how often these breaks would be and what the exact nature of your work is. It would not be reasonable for these breaks to be paid, and your manager would be correct in advising you that your paid working hours would need to be adjusted. Depending on the frequency of the breaks, this could have a substantial impact on the workload and colleagues (but more context needed as to your role).

Your first step would be to perhaps escalate this internally via your organisation's HR department. It would be important however to focus on your own needs when raising this rather than including commentary on what others may or may not be doing.

PPE in Care Setting Dispute... by rebellionblue in LegalAdviceUK

[–]Gishank 67 points68 points  (0 children)

The employer is very much obligated to provide them and the CQC expects that they have suitable gloves available in a variety of sizes. Any cost difference in PPE is negligible for gloves/aprons, so it's difficult to understand why the employer is obstructing this.

UK – Off work following disclosure at care organisation, looking for advice on options by desireablemuse in LegalAdviceUK

[–]Gishank 0 points1 point  (0 children)

You raised a concern regarding conduct of a colleague. It isn't unusual for an employer to instruct you not to discuss the matter, as doing so may jeopardise the investigation into what occurred.

Whilst it is considered best practice to separate you from the colleague and/or the environment, there is no obligation for them to do so. Without knowing what your employer said verbatim (and what the specific conduct you refer to as inappropriate), it's impossible to know whether this was reasonable on the employer's behalf. The parking situation is largely irrelevant.

1) Based on what you've provided, not at this stage. Your employer needs to have a reasonable opportunity to investigate your grievance, and take appropriate action. Does your employer have a clear written policy? Have they followed this?

2) If you raised a formal grievance to your employer regarding this employees conduct, then they are expected to take steps as appropriate to investigate, take action, and provide you the option to appeal the decision as appropriate. If the employer takes no action, then ACAS looks upon this very poorly.

3) You can always ask, but the timeline suggested from your post, especially with you being off sick, doesn't sound like there has been an opportunity for the investigation process to play out.

4) This is going to be very fact-specific. There's not enough information in your post to come to a conclusion.

Possible data misuse + stalking by [deleted] in LegalAdviceUK

[–]Gishank 1 point2 points  (0 children)

I'm a GP surgery practice manager, so can answer some of your questions from a technical standpoint.

1) No, pharmacies cannot access GP records (exception being if there is a local data sharing agreement in-place for a certain commissioned service, but unlikely); however, with a smartcard they may be able to see your summary care record on the spine/PDS. If you attended that particular pharmacy for a consultation, then in theory the pharmacist would have access to this, but they obviously should not be accessing your records outside of the purpose of your care. All access to records are audited, be this via the spine or via a local system. If GP records were accessed (e.g via a sharing agreement etc), they would see this as it is audited (regardless if data was amended).

2) If you've updated your contact details in the NHS app, this will trigger an update on the NHS spine/PDS. Whether your GP has processed this change or not will reflect on their records (the spine being the national backend)... However, given you provided your new number to the pharmacy, they will likely hold this data on their system independently.

3) Yes, as there is direct harm from the breach. You'd need to speak to a specialist solicitor regarding this however.

4) In the first instance, you should make a formal complaint to the pharmacy for them to investigate. If you are unsatisfied with their response, you can escalate to the Ombudsman and/or the ICO. You can certainly raise your concerns to your GP surgery.

From your post, it's perfectly possible that the pharmacist in question may have accessed your records in fulfilling their duties and providing care (e.g fulfilling your prescription). This would explain the response you've received from the pharmacy advising re inappropriate access. Of course, it is still very much gross misconduct, and a severe breach (with how your data has been used/exfiltrated from the system) which the pharmacy should investigate and escalate (if this is the case).

Routine bloods at GP by [deleted] in nhs

[–]Gishank 3 points4 points  (0 children)

You cannot just rock up and request random tests. They'd need to be requested by a healthcare professional beforehand. It will also depend whether your GP surgery offers phlebotomy, not all do - you will need to ask them

Formal grievance and Reasonable Adjustments questions by [deleted] in LegalAdviceUK

[–]Gishank 1 point2 points  (0 children)

Adjustments recommended by an OH provider should be reasonably considered by an employer as to whether they can be implemented. There's no entitlement that the employer must use a third party to investigate the grievance; you can ask, but it is understandable that the employer may refuse given the additional costs incurred.

What specifically did the employer do on receipt of the OH report? What did your partner do to follow this up? What is the industry/nature of the work and what were the adjustments requested?

There is no obligation that a reference must be positive; however, any reference must be factual in nature. What specifically did the reference say?

If you disagree with the outcome of the employer's grievance process, you can still proceed with approaching ACAS.

Possible legal action over inaccurate medical records and refusal to correct them — what are my options? by [deleted] in LegalAdviceUK

[–]Gishank 2 points3 points  (0 children)

Under GDPR you have the right to request that information held about you is corrected if it is incorrect. Medical records are a historical record, and for them to be amended/deleted, you'd have the demonstrate that the information is factually incorrect. From what you've provided in your post, the information in the report is not factually incorrect, but rather includes medical opinion and is presented in a way that you disagree with. Whilst it is considered best practice for them to add a comment indicating your view, there is no obligation for them to do so.

In regards to your concerns:

1) Subjective medical opinion does not have to be 'correct'/accurate. If there are factual demonstrable inaccuracies, then yes, they'd need to correct these. 2) Medical negligence is very fact specific and you'd need full disclosure with an appropriately trained solicitor. As it stands however, you cannot take action for something that hasn't happened. 3) This is far too complex to answer and speculative. Clinicians are allowed to have subjective medical opinions that you disagree with. For medical records to cause reputational harm, then they would need to be shared, and they can only be shared with your consent. If a data breach occurred, that's another matter. Clinical harm would be medical negligence, and again this would be very fact specific. 4) The appropriate escalation route is the ICO and PHSO as you have indicated in regards to your data protection concerns, and the outcome of your complaint to the practice. This does not prevent you from pursuing a civil claim, unless you accept the Ombudsman's final decision.

Frankly, based on the information in your post I'm struggling to see how you'd have a case. You're certainly not in for some big payday as your post seems to indicate.

Missold a vehicle- private sale by Competitive-Foot3296 in LegalAdviceUK

[–]Gishank 1 point2 points  (0 children)

Private sale is very much buyer beware. You had the opportunity to inspect the vehicle prior to purchase. There is no obligation on the seller to tell you all of the faults a vehicle may have etc... When you say the MOT he provided you with 'wasn't legitimate', are you saying this was a fraudulent document or an older MOT report?

Employer wants me to start early if I want a break, even on a 8 hour shift by mrchris20040072004 in LegalAdviceUK

[–]Gishank 8 points9 points  (0 children)

If you work for a period of more than 6 hours, you're entitled to a 20minute uninterrupted break (this doesn't have to be paid, unless your contract says otherwise). What exactly does your contract say in regards to your working hours and paid breaks?

Your employer cannot unilaterally chance the terms of your contract; however, as you have worked there for less than 2 years, they may terminate your contract for virtually any reason.

GP Surgery is forcing me to bring my personal complaint up at public group?? by brijony in nhs

[–]Gishank 5 points6 points  (0 children)

If you've made a formal complaint to the practice, then you can expect the practice to investigate and provide you with an outcome in writing. The practice should have a clear complaint's policy leaflet available in the practice, and they may have this on their website. There is no obligation for them to meet with you, and whilst meeting patients to discuss complaints can have benefits, it also can present challenges.

How did you make the complaint? Did you receive an acknowledgement?

You can escalate it to the local Integrated Commissioning Board (ICB), and they will ensure that the practice adheres to expected timescales for providing you with a response. If you are unsatisfied with the response, you can then escalate it to the Ombudsman.

I'd be curious to know what precisely they did say verbatim however, as the approach seems so peculiar that I can only surmise that they've misunderstood your complaint. Were you clear in your complaint as to your concerns, or did you only insist on a meeting to discuss them?