Tag Archives: illegal

Legally Representing Myself (Law DIY)

This is not me

This is not me

This morning I acted as my own legal representative for the first time. It was both intimidating and exciting.

Unable to afford official solicitors, I decided to try it myself. I made my own court bundle of evidence and made sure I read up onMan with Bound Book legal and case points beforehand.

I wrote on my previous post about my Employment Tribunal claim for non-payment of wages and constructive dismissal. I described how I worked for 5 weeks as an English language teacher without pay, despite being given a contract. The excuse was that I was going to be paid but there was trouble with the bank. It has been seven months and I have not seen a penny of it.

Today was the big day. I nervously deliberated about what to wear. I decided on a dark grey business dress with pin lawyer-786478stripes which stopped just before the knee and was slightly figure hugging, with opaque black tights. It did not have sleeves so I wore a simple black cardigan, as I knew from being a legal secretary that sleeveless clothing was frowned on in legal proceedings.

I attempted to print off extra documents with my expensive white elephant of a printer (it only works when it feels like it) and spent extra time preening. Thankfully two of my former colleagues, Marilyn and Karen, who had also not been paid, agreed to meet me there and were both allowed in the Hearing room.

We went into a concealed small entrance into what looked like unassuming offices. A receptionist told us to go up to the Claimant’s area and we were met by a kindly, reassuring usher, who was sympathetic and a good listener. She told us how the building used to be a children’s school and still had a playground on the roof. There was another Claimant in there, a middle aged bespectacled man, red-faced and perspiring profusely. He looked in horror at my chronological, alphabetically ordered court bundle, no doubt wondering whether my overkill was common practice. We were told we may have to wait an hour, as he had been called in first. However soon after she told us this, another Judge magically appeared and within a mere half an hour I was ushered in.

I helped myself to a glass of water with trembling hands and waited for the Judge to arrive. A few minutes later he Employment_Tribunalentered. He was a tall, middle aged, slightly balding man with glasses and an intellectual, laid-back air. He instantly dismissed all formalities with a wave of his hand and said there was no need to go to the Witness Box, as no Respondent had arrived. He explained that this was considered admission of guilt in itself, as by non-attendance the Respondent had suggested that there was nothing to defend. It was a Remedy hearing, so he had already considered my evidence and made a decision in my absence.

“this is a sad situation which I see time and time again”

He told me that I was entitled to gross compensation rather than net compensation for my Schedule of Loss. This is a document showing how much the company owed me for work, holiday and notice pay, and how much I had comparatively lost in wages since my alternative employment. Jobseekers Allowance was not added on to the claim. The Benefits Office would issue a claim to the Respondent for public money owed as a result of my resignation following non-payment. I was not entitled to statutory pay as I had not worked there for two years. I reminded him that I was claiming under the exception of asserting a statutory right. He got rather irritated, shifted about in his chair and said “I am aware of that”. I quickly apologised and accepted his explanation.

We moved swiftly on and it emerged that the Judge agreed with everything I had claimed for. He told me a Judgement ordering the pay of almost £6 000 was in order. However, he said that I could not enforce any Order he made in the Employment Tribunal. I would have to transfer it into the County Court for that, but he believed that was free. He suggested he had previously worked in the legal field before becoming a Magistrate, which was reassuring.

I pointed out that my former colleagues were victims too, at which point he remarked on our “sad situation” and said it was something he saw “time and time again” with “a steady stream” of cases coming through “all the time”.

“this new change is a rogue’s judgement and will side with employers”

He also warned that it was “highly unlikely” the Respondent would pay as a result of the Order and that I would money_972_19521169_0_0_7049696_300probably need to pay to get it enforced. However I have heard that all my former employees have been dismissed and she has just established a third business with a different name.

“there will no longer be any justice for the common man or woman”

We then had a discussion about the injustice of legal fees coming in to the system from the end of July. Again, he completely agreed with me. He stated that although he was supposed to be politically impartial, he had to say that the new change to the system was a “rogue’s judgement, as you would expect under the Conservatives”, incriminating employees when employers are just as often at fault as those they hire. He agreed that there would be far less cases being pursued like mine, resulting in more scam employers getting away with it.

He said “there will no longer be any justice for the common man or woman like you and me”. He told me that a case like mine would cost in the region of £1 300, and that even if I just pursued the most simple claim it would still be £350.

We left and as I walked down the steps of the humble old building I felt a weight lift from my shoulders. It was finally over. Or was it?

We had a coffee in some public gardens with a large fountain. We watched two men barbecuing chicken legs until they were ticked off by one park warden, then his colleague. After a while a “bobby on a bike” turned up and then they finally agreed to leave. They strolled off with baggy pants falling down as soon as the policeman began to talk into his radio.

The sun was out and I felt so content until I felt the sun burning my shoulders. We went for lunch in a cafe and talked more about our experiences. Marilyn, as the unofficial detective of our group of former (unpaid) employees had found out all sorts of information about our former Director.

Emboldened by my first legal representation, I decided we should march down to the Police station right then and police-helmetthere and update them on their ongoing investigation. The detective was absolutely excellent. She came out to meet us and attempted to take us into an interview room, but there were none free. I updated her on Proceedings and she was most surprised that I would not be able to enforce anything. After all, what is the point of an Order that the miscreant will just ignore?

After a progress update we felt reassured. Marilyn and Karen were grateful to meet her, as they had been interviewed by some of her colleagues previously.

I walked out into the sunshine with them feeling rather proud. Things were making progress, I had been awarded more than I claimed for, a Judgement would be sent in the post and the Police enquiry was picking up pace.

Maybe I should train to be a lawyer…

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Ecstasy? I’m high on life!

Shy FX doing his magic

Shy FX doing his magic

On Friday I went to a drum and bass night.

The most popular reaction I have when I tell people I appreciate this genre is that I “don’t look like someone who likes d ‘n’b”. By this people mean that I’m not a hoodie-wearing law-breaking drug taker.

Unfortunately these events are dominated by illicit substance fans. It seems people are either addicted, feel peer-pressured, or claim that ecstasy helps them to appreciate the music, that sound turns into colour.

I have always appreciated the genre and have never needed anything extra to enjoy it. I sometimes went out with people who dosed-up beforehand. Most of them respected my choice not to mess with my internal wiring. One asked me why. I told him that I want to avoid the damage it causes, and he still did it. Takers will boast about its effects, but they rarely talk about how they were up  for two days or how they bit their tongue so badly it needed stitches. Like smokers, they seem to ignore its ill effects.

alcohol-composite

Then there’s alcohol, another misused substance, and a massive problem with my generation. When I was younger it was cool to drink in excess and then tell proud stories about what you or others did under the influence. You had a badge of respect if you’d manage to blag a beverage underage. At university there would be drinking competitions. In my halls the annual challenge involved running to the four corners of the main square and drinking as much as you could as fast as you could of different beers. Losers would start gagging and run off. The winner got their name on a silver plaque. People did “Centurions” where a group would drink all day aiming for 100 units. A member of my family tried it and “lost”  – luckily he threw up.

Alcohol

I’ve heard of a heavy drinkers who got cirrhosis – liver damage in their 20s. The government thinks they can help by raising taxes on it and imposing limits, but it’s the culture that needs to be addressed. With 10.5 million of us drinking to excess, alcohol misuse costs the NHS billions every year. It has been suggested that teenagers should be introduced to alcohol early on in small amounts, so that it’s not seen as something forbidden and therefore exciting. This was an attitude I encountered among drug users. I think if it was legal like it is in the Netherlands perhaps it would not be so popular or exciting, and could be better regulated. It was good that drug testing kits were available, just as needle exchanges are.

I wonder why Brits feel that we need alcohol and drugs to release ourselves and have a good night out. I was enjoying the beats on nothing but Red Bull. Everything in moderation though – I had 7 in a row once and ended up twitching as if I’d been electrocuted, and was wide awake until the sun came up. I never did it again, just as someone who knocked himself unconscious on a weed never did. Hopefully if we do overdose on a substance we know not to go back there. But sadly in a BBC series, Junior Doctors an A and E doctor told how regular users sometimes returned.

I took this watching DJ Fresh in his home town of Leeds

I took this – DJ Fresh in his home town of Leeds

I like the drama and atmosphere of drum and bass, its melodies interlaced with a beat I enjoy dancing to – it’s all about jumping to the snare! Its liveliness, energy and frivolity appeals to me. I like most aspects of a beats night. Most ravers are friendly and non-judgemental. You can dance however you like and plenty of people do.

It’s like no other music night and that is what keeps me coming back, other than the talent of the DJs. If you have ever tried beat-matching at that speed you may understand (beat-matching is where you get two records running at different speeds playing at the same time, one record in each ear). You have to be careful of flying elbows and people standing on your feet, and if someone’s had too much it’s best to stay away as they have very little control of their body. I’m also different from most ravers in that I always wear ear plugs, and wax ones. That way I hear the bass clearer and don’t get tinnitus, which a friend got after one too many club nights.

I took this - Andy C,, widely regarded as one of the founders of drum and bass.

I took this listening to Andy C, widely regarded as one of the founders of drum and bass.

From a non-substance perspective, the dance floor was heaving with enthusiastic, bug eyed, love-sharing, sweaty swaying ravers. They probably didn’t know who was playing and perhaps they wouldn’t care.

I have been to raves since 2005 and this was the first time I had seen it. There I was bouncing away to Shy FX when there was a commotion next to me. A guy was on the floor. At first I thought he’d fallen over, until I saw the convulsions. He was white and his eyes were shut. I was looking for a bouncer when one came charging over. They put him in the recovery position. He was then carried off unconscious. A pill-head asked me what had happened. When I told him he yelled “there’s always some that take it too far”. I shouted “I don’t understand it, I don’t need drugs to have a good time”, and he looked at me like I was from another planet. To think that I could just go to enjoy the music seemed like an alien concept to him.

Again it’s the culture. Drugs seem on a level footing with alcohol now. They’re taken socially to enjoy the night.

smokers-lungs-comparison1

Where is the line between social drug-taking and addiction? It’s similar to “social smoking” perhaps. But a smoker can laugh about the tar collecting in his/her lungs and say that life is short and that everything kills you in the end. An ecstasy user has made changes to their brain. Why do both feel so good? Because they’re altering chemical levels in the brain. Smokers become dependent on nicotine, the relaxant and ecstasy users to serotonin, a “happy” chemical. I’ve seen both smokers and ecstasy users being jumpy and twitchy in anticipation of their next fix. Ecstasy depletes serotonin meaning that users can suffer depression. Regular users are more likely to get it for longer.

The question is, what can we do to treat substance misuse problems in the UK?  We were all taught about the dangers of alcohol and drugs, but education is clearly not enough to impact on a culture which seems here to stay, and more prevalent than ever. A Leeds taxi driver told me he had seen a sharp increase in cocaine users in the past 5 years and that they were from all walks of life, from CEOs to students. He was shocked that people were taking this substance which electrocutes the brain as if it was normal. Cocaine is one of the most addictive drugs out causes permanent damage. It also alters personality. I once dated a guy who earned more money than he knew what to do with. His brother took coke so he thought he’d try it.

Side_effects_of_chronic_use_of_Cocaine

Before long he was going out to parties doing it every weekend, and became depressed and tired. When I asked him why he did it, and told him how damaging it was he said “yes but have you tried it”. I told him that as you can get addicted from two goes I wasn’t going to chance it. I prefer to live in reality.

I once saw a video on YouTube by a Buddhist monk where he said that the Westerners’ love of drink and drugs was because we were scratching an itch. They were temporary pleasures, in doing it people scratched the itch but it didn’t cure it, it just made it worse. He suggested that people need to look at why they need to take drugs/drink in the first place, what were they trying to escape from?

Trying to escape from a feeling or a thought means that it’s still there in our mind. The saying goes “turn the dogs of fear on fear itself”. When I worked in law a client took heroin partly to escape memories of her traumatic childhood. This caused her to lose her children and sucked her into an addiction spiral. Have the courage to solve your problems or move on, don’t try and deal with them by distraction.

But my point is this. Is a night of pleasure really worth the risk and damage, permanent or impermanent, to the body and mind?

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