Limitations Act 1980

Dramatherapist

Definitely have MHO started in NHS 1987. I will try acas again but they had not heard of statute limitations and how this may affect the outcome.

Dramatherapist

A part from return to nursing course after redundancy. Which paid back PhD monies not had break in service.

Dramatherapist

I intend to move Tenerife after retirement 2026. Partner lived out there 25 year children born there see themselves as Canarian as do the other islanders. On return from there partner tried three times to get simple bank account turned down each time so joined credit Union. They unable to take wages so partner not in work and not entitled to benefit so not worked in just over 12 years.

ManyWays

What nationality is your partner?

Dramatherapist

She is British. I am writing to the Trust a possible solution, and see if they are agreeable after considering info here, ACAS, employment solicitor, case law, citizens advice etc. However, the general consensus is the statute of limitations is civil and employment act is not where cases are brought outcome is dependent on the judge involved and personal circumstances. The two acts contain opposing purpose. I don't really want to take civil action and there has to be a fairer way.

DullGreyGuy

You would need to give a lot more background into what has happened for anyone to give any opinion. Employment law is a form of civil law, rather than criminal. 

Dramatherapist

Here is an update thoughts appreciated! The Trust has deducted 25% of the 11.4K however I did not agree to this. They did honoured the limitations Act. They then reduced repayments from £141 to £50 over around 20 years. Bearing in mind I retire next November. I have been off sick since March with Stress and depression. I have recently had my third NSTEMI (heart attack). The other two not related to this event. But this type of attack is related to stress. The Trust debt and existing debt means no Spanish visa or residentia. Thus, partner and I decided to split so she can be with family. 

I not had hot running water for couple of years, same with heating, as I have expensive back boiler. Also have unusable cooker (carbon monoxide) also at least 4k urgent household repairs to fix amongst other things leaking waste and fresh water pipes in bathroom that blows kitchen electrics. Also only eating every other day. These factors are ignored by Trust. They state that now reductions and repayment set these cannot be altered.

 I did engage ACAS given a certificate for Tribunal duty to Trust attributed delays in the grievance process time limit passed.

I am no on half pay, Trust is delaying grievance appeal, still not budging repayment, car has failed MOT (I'm a community worker mental health urgent care). Again this if no concern. I had to notify NMC (nurse registration) fitness to practice citing caused by Trust. Again Trust not accepting liability. Passing a responsibility to OH or Employment assistance program. Both of these responded they can't help as issues being created by Trust including NSTEMI. Trust has paperwork but accept no responsibility or liability. There is pension implications again Trust stated not our responsibility you have to state process with NHS pensions.

In terms of finance am I just better to go for constructive dismissal as per union recommendation or fight. I can not believe after forty years service that a gross error by a Trust can make one feel such rejection and become what feels to be a criminal.