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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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How does pay work if on the sick and working notice period?


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Hi hope someone can help me - Iv heard a few different things about this and would just like some advice.

 

Iv been on the sick for the past week, as the job I have been doing for the past year has become a total nightmare. The place i work is no longer the same, and the workload is unrealistic as to what a human can physically do.

 

I have reported my concerns for weeks, but hey fall on deaf ears, and dont even get acknowledged! i feel like i am banging my head against a brick wall, and getting upset and frustrated all over my job.

 

Basically the job makes me ill, and after being at the same company for 4 years, i decided i needed time out. the doctor put me on the sick for a week to rest and decide what i needed to do.

 

I was a total nightmare out of work, crying and shouting and breaking down for no reason.

 

Anyway, i have returned to work for 1 day and after being spoke to like **** and looked at with daggers all day, I returnd to the doctors again, who advised me it would be better for me, after hearing all my concerns again, if I did not go back.

 

the GP asked me what my notice period is that i have to give - it is 4 weeks- and the doctor has given me a sick note for this period of time so i dont have to go back to that hell hole and work the notice.

 

I have something else i could do in the means of employment after my notice has elapsed - working for a family friend so i am not woried too much financially, and to be honest, the stress of work far outweighs the money worry.

 

Anyway, I have cut a long story short above, there is more the company do that is wrong and poor practicew towards its staff, but i have just given you the main points, and i now wondered how the company stand with paying me for this period?

 

Because i have a valid GP sick note for the week just gone, and for the next 4 weeks which will be also my notice period, does this mean i will get company sick pay, or at least SSP?

 

I have been advised to write my letter of resignation, state my main points and the reasons for leaving, and enclose the sick note. end of.

 

 

My notice period will literally be the 4 weeks sick.

 

Im sure i have some holiday days that i have accrued too, but that will just set the company moaning and open another can of works i think.

I am not honesly too worried, but i am 100% the company will try and rip me off with paying me for this sick period, and that winds me up more than anything?!!

 

so does anybody know how i stand?

 

Can they refuse to pay me anything?

can they pay Company sick pay, or SSP

 

Or can they come to my house, knock on my door, and punch me in the head?!

 

I also must stress that the entire week i was off last week, they rung me everyday and hassled me wanting to know when i was going back. My GP advised they should not do this, and a sick note should tell them to leave me alone.

 

therefore, i dont think they will take this 4 week note lying down.

 

thanks in advance for your help and advice.

 

Stephanie Louise.

on and on it goes!!!........:???:

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AFAIK, the notice period itself does not alter your employment rights one jot. Therefore, if you otherwise qualify for company sick pay, you should get that, and you should certainly get SSP.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

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Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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Be careful - there is a rule that can apply in certain cases.

 

Basically if your contractual notice period is at least one week longer than the stat min there is a possibility that your employer only has to pay your your stat notice period and not the contractual one (s.87(4) ERA 1996).

 

This may not apply to you - you need to tell us how long you have worked there.

 

Too be honest most employers won't even know this and anyway if they are only paying you SSP it is unlikely there going to look into it too much to save £75.40 per week.

 

As regards your unpaid holiday pay don't let them get away with not paying this - HP = wages and thus this is an unlawful deduction from wages if not paid. An easy claim to prove in ET.

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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My stat notice is 4 weeks. This hasnt increased due to the time iv been there. ( I dont think )

 

And holiday pay....exactly..iv earned and accrued this. If not taken then this must be paid surely.

 

 

Im sure we will soon see.

 

Thanks for your help

on and on it goes!!!........:???:

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My stat notice is 4 weeks. This hasnt increased due to the time iv been there. ( I dont think )

 

And holiday pay....exactly..iv earned and accrued this. If not taken then this must be paid surely.

 

Stat notice and contractual notice are two different things (you probably already know that)

 

Stat notice does increase with length of service - after 1 month = 1 week; after 2 years = 2 weeks... etc up to a max of 12 weeks after 12 years

 

And yes holiday pay accrued MUST be paid - it will be an unlawful deduction from wages if not

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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ah ok I see. Well i do know that if you've worked there less than 1 year i think you have to give 2 weeks notice. And anything above that ( Iv been there 4 years ) is 4 weeks.

I dont think it ever increase after 4 weeks though.

on and on it goes!!!........:???:

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