Jump to content


  • Tweets

  • Posts

    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Extension Of Probation


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5674 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My 3 month probation period expired in mid-July 2008 with the first review after 4 weeks and the second review after 8 weeks, when no concerns were raised about my performance. Towards the end of August I was advised that my probation was being extended for 6 weeks so that I could achieve "attention to detail".

 

My arguments are essentially that my training was below par and that the working environment is far too pressurised to allow me to achieve "attention to detail". I have also raised concerns about the manner and timescale in which the extension has been implemented.

 

I have read somewhere that because I was not clearly advised before the end of the probation period that the probation had been extended, then I am right to assume that I have been confirmed in post so I have in fact passed by default. I have included this in my written comments.

 

At a meeting with my boss today I was told that my comments and concerns will simply lie on the file, that she does not agree with or accept most of them and that the extension period is now 3 months as opposed to 6 weeks :-x:mad::confused::-o

 

I am aware that the matter of probation is not regulated by law and that is is essentially a measure of performance but if the reality is that an extension cannot happen in these circumstances then how do I take this forward if the matter is, according to my boss, not going any further? :confused:

 

I fear that working relationships have been damaged and the working environment will be fraught from now on and if I could afford to leave on a week's notice then I would do so but unfortunately I, like many others, need my income to provide for my family. I am also loathe to look for another job when I have not passed my probation as I fear that this may be pointed out or at least a damaging reference provided.

 

If anyone can point me in the right direction I'd be grateful as I am expected to move on this, one way or the other, next Monday :rolleyes: and to be honest I'm struggling to know how to progress this.

 

Thanks in anticipation from a newbie :)

Link to post
Share on other sites

You have no leeway IMO I'm afraid, as legally probation periods do not exist in law.

 

Bear in mind that the extension or otherwise does not change your legal rights one jot.

 

What is the EXACT wording in your contract of employmanet regaridng probation?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

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.

 

Please click the star if I have helped!!

Link to post
Share on other sites

You have no leeway IMO I'm afraid, as legally probation periods do not exist in law.

 

Bear in mind that the extension or otherwise does not change your legal rights one jot.

 

What is the EXACT wording in your contract of employmanet regaridng probation?

 

Thanks for your thoughts on the matter MrShed :cool:

 

There is a contractual right to extend or dismiss but I am now advised by an employment lawyer that there is an EAT decision which is authority for the point that where, as in my case, the employer has failed to exercise an express contractual right to extend the probationary period within the initial probationary period itself then the employer loses the right to extend it so that I have passed in default and am now entitled to a month's notice under my contract and not the week that applied under probation :D:p:)

 

So I intend to share this information with my boss at work on Monday and I will be armed with the necessary supporting documentary evidence and shall say that in the circumstances my position is untenable and shall ask for a move (which is defintely an option) or will negotiate an amicable notice period which I have no doubt would extend well beyond the month, given the extent of the workload and the time it will take them to replace me.

 

I think that my big boss will have to raise this issue with HR so its likely to drag on forever but I'll let you know about progress...or lack of it :wink:

Link to post
Share on other sites

I am now advised by an employment lawyer that there is an EAT decision which is authority for the point that where, as in my case, the employer has failed to exercise an express contractual right to extend the probationary period within the initial probationary period itself then the employer loses the right to extend it so that I have passed in default and am now entitled to a month's notice under my contract and not the week that applied under probation

 

This is exactly right the case being Przybylska v Modus Telecom Ltd, decided as you say by the EAT.

 

All I would say is don't be too 'cocky' (assuming you want to keep the job) with your employer when you inform them of this, as even though you have passed your PP now, you still have less than the one years service normally needed for an Unfair Dismissal claim, and as we all know a determined employer can fairly easily 'manage out' short service employees if they are vindictive enough!

 

Good luck :)

...................................................................... [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]

Link to post
Share on other sites

This is exactly right the case being Przybylska v Modus Telecom Ltd, decided as you say by the EAT.

 

All I would say is don't be too 'cocky' (assuming you want to keep the job) with your employer when you inform them of this, as even though you have passed your PP now, you still have less than the one years service normally needed for an Unfair Dismissal claim, and as we all know a determined employer can fairly easily 'manage out' short service employees if they are vindictive enough!

 

Good luck :)

 

Thanks I feel much better for knowing that a third person agrees ;)

 

I'm far from being cocky about the situation, believe me...I'm shell-shocked to be honest and feel extremely uncomfortable in my working environment since I was told about the extension. It's an uphill struggle trying to get my point across and today when I had a meeting with my boss she just didn't get any of it as she tried to justify the extension, urged me to accept it and said that my case is "different". I was also told that it was my responsibility to expressly mention, prior to probation expiry, that its end was imminent and that at my two month review I should have asked how I was doing :roll: At that review the only things that she brought up were my goals for the coming year and the areas still to cover in training, no mention of under-performing, so I had assumed that all was well.

 

Anyway the matter is being referred to HR so we shall see...

 

I'm well aware of the "dismissal" angle and know that there's nothing I can do about that if it happens but I honestly don't think that it will come to that as my "big boss" is fair and nice and I still think a move is a possibility. I work for a big company and there are other positions available on other contracts. I have made it clear that I feel that my current position is now untenable. Certainly I would be loath to remain in it after all this.

 

And if the only option is to go then I'll take it on the chin and look for another job because, after all, there's nothing worse than being unhappy at work and it's been that way for me for the last 5 months. C'est la vie, as they say :wink:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...