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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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    • 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.

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Dispute over holiday allocation


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I am currently in dispute with my employer over my holiday allocation. I work 4 days per week and work the same hours every day. Am i right in thinking that i am simply entitled to 80% of a full time employee's holiday allocation?

 

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No, it doesn't make any difference.

If your Company only gives it's employees the statutory minimum holiday entitlement; yours would be 22.4 days (which would usually be rounded up to 23) @ 5 hours pay per day taken.

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I am lucky enough to get 28 days plus statutory days. I think I calculated my entitlement to be 28/29days (Inc stats) HR have allocated me 19.5 days (Inc stats) They say they use the same formula for all p/t workers. I'm not sure what to do next.

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I'll speak to my line manager next and then go from there. If I'm right (which it looks like I am) there maybe a few staff with holiday allocations that are incorrect and need to be back dated. I only changed to p/t hours this year.

 

I can't believe we have a whole HR department and they can't get it right, they've even doubled checked it!

 

Thanks for the help, at least I know It's not me who's bad at maths!

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The reason they *may* be quoting the 19.5 days, is if they are counting the days as full days (of either 7 or 7.5 hours) instead of the 5 hours per day.

 

Effectively, you work 20/35 (0.57 FTE) or 20/37.5 (0.53 FTE) hours a week - depending on what the full time hours are classed as.

 

So your holiday would be 28days + 8bh = 36 * 0.53 = ~19.2 full time days off. (Which they have rounded up to 19 1/2)

 

This isn't guaranteed to be correct - however this is how I've always calculated annual leave for part timers on not full days (which is for accountancy purposes, not HR!)

 

G

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Well done griffzilla! for providing a perfect explanation of how the OP's employers could have arrived at 19.5 days.

 

As you say, this does not work for HR purposes as a method of calculating an employees holiday entitlement.

It breaches both the Working Time Regulations and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations

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Thanks for the explanations. I think you're right, they have calculated it as if a holiday would be a 7.5 day, which of course mine aren't.

 

I've taken it up with my line manager today and he agrees with me. I'll let you know what happens.

 

Thanks

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