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    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      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.

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Bank Holidays - Do I Have to Work? - ** accurate as of November 2015 **


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The subject of Bank Holiday working and the question of whether an employee is entitled to time off work on a Bank Holiday occurs frequently

Bank Holidays have no special status in employment law. There is no automatic right to a paid day off work, and whether you benefit or not will depend on your contract of employment rather than any legal right. An employer is only legally obliged to give an employee the minimum statutory paid holiday entitlement each year. Currently this amounts to 5.6 weeks holiday (or 28 days in the case of an employee working five days a week), and importantly this can include Bank Holidays. A contract of employment can give you more than this entitlement, but not less.

 

As to whether you are required to work on Bank Holidays will depend on your contract. You may, for example have a contract which specifies that you are not required to work on normal Bank Holidays (of which there are eight), and if this is the case then it is perfectly in order for the employer to not recognise an 'extra' Bank Holiday as a day off for staff, particularly where the business will operate as normal on that day. If however your contract is less specific and does not require you to work on Bank Holidays (ie without specifying whether these are the 'normal' Bank Holidays or 'special' ones), then you might reasonably expect not to have to work on that day. Sadly if you do have to work, then the employer is not obliged to pay you more money, or give you time off in lieu, unless again, there is a clause in the contract which specifies enhanced pay or compensatory time off for working on a Bank Holiday.

 

It is also worth remembering that a contract need not necessarily be in writing, as depending what is 'the norm' for the organisation, an entitlement can be built up through Custom and Practice, or by what entitlements are given to other staff in the organisation.

 

The starting point in answering the inevitable 'can they do this' question will always be the terms in the contract, or what is customary for the business in the absence of a specific clause. A good employer will discuss the matter with the workforce so that everybody knows what is happening, and who is affected.

 

The following sites have some useful information relating to Bank Holidays:-

 

http://www.direct.gov.uk/en/Governmentcitizensandrights/LivingintheUK/DG_073741

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

http://www.adviceguide.org.uk/index/life/employment/faq_index_employment/faq_employment_entitlement_to_bank_holidays.htm

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Nice stuff SW.

 

ACAS has (or indeed had as right this minute it doesn't see to be working!) some specific guidance on this 'extra royal bank holiday' this year.

 

http://www.acas.org.uk/index.aspx?articleid=3197

 

From what I recall when I read it, I for a nice change, agreed with ACAS and they basically made the point you make above;

 

i.e. it is basically a contractual matter, as the underlying legal right, the WTR will not be amended, and will still say 28 days for qualifying worker in one complete holiday year.

 

I see the argument as being the following - (in theroy);

 

a) What is the contractual definition of a BH for the purposes of MY contract of employment (written or otherwise), then,

 

b) Does the Government 'declaration' of the extra day (unsure how this has been made is this via delegated legislation or merely a Governmental 'aspiration'??); more likely the later me thinks; mean that such 'extra day' falls within the definition of a BH in your contract.

 

e.g. if your HR dep't were lazy and contract just said, "20 days per year + each BH' then I can see the argument that it should be given if it is within the contractual definition of a, 'BH' - especially when contra proferentum is applied. But;

 

c) assuming the above applies and boss says NO. Are you willing to push for this in the current economic climate?

 

d) even if you got it the next argument would be to look at what the exact wording of the contract is as regards payment of this 'special' BH holiday; as, again, this will be a BH outside the WTR - could it be even unpaid ???? an open question not a statement.

 

Surely in reality most ER's will be sensible? To avoid problems and bad publicity from Royalist media outlets they will give the day.

 

Be interesting to see if a substantial number of ET claims are made as a result?

 

Watch this space I suppose.

 

Che

...................................................................... [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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  • 3 weeks later...

i have signed a contract at work which entitles me to have 20 days paid holiday and bank holidays....it doesnt state eight bank holidays now this week my boss has said we have to work with no extra incentive ie day in leiu or extra cash is this right?myself and eight others are in the same boat!

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In that case your employer should have taken action to notify a variation of contract when the extra Bank Holiday was announced.

 

How far are you prepared to upset your boss? You need to raise a grievance and point out that your contract would seem to indicate that next Friday should be a paid day off and asking for an assurance that in the absence of compensatory pay that you will receive an additional day's leave at a later date.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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  • 8 months later...

my employer has stated i do not have 'enough' hours to have bank holiday entitlement, despite my contract stating i have 8 paid hols, i work 39 hour week and have been told my hours are part time, some day shift, some night shift? but it is all complusary, i.e no option, so why cant i take my bank holidays, xmas day, boxing day and new years day (rota system so take in lieu)??

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 11 months later...

queens diamond jubilee holiday-- my company added a days annual leave to everybody, great except that around half the workforce work shifts so really cant have a day added. can they give out extra holiday to office staff and hourly paid workers but not give the salaried/shiftworkers anything?

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