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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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significant role change?


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Hi,

i have been told by my employer that due to a few internal changes i will lose all of the supervisory/managerial elements of my job.

 

My team will now report directly to a colleague, as will i.

My job title will change also.

 

I have not seen a new job description and will work at the same level as the staff i previously managed.

This appears to others as a demotion.

 

I do not intend to accept this change which is to be fairly immediate.

 

I have been in current role as a team leader for over 5 years.

 

What action should I take?

 

Thanks

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1) If the role is around 80% the same (typical figure I have seen used, not enshrined in law anywhere) and no change in pay etc, they can do it

 

2) If pay is cut they are making your current role redundant, and redundancy principles apply; however if your skill match the new role it is considered "suitable alternative employment." Therefore they can still do it. There may be a cash element for the loss of future earnings, but nit a huge sum.

 

 

What outcome are you looking for?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Accept it or quit and take them to trbunal for constructive dismissal.

 

That claim would go nowhere.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.

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I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.

 

Unless they are changing your salary (and quite significantly too) then you have no options. These days loss of status is worth nothing. And businesses are permitted to restructure. They own the job, they are allowed to make whatever changes in it that they consider necessary for their business. At five years service, unless you have some excellently enhanced redundancy scheme (assuming you could even convince them to make you redundant), the payment won't be worth anything. So I'm afraid the only real advice is to suck it up and keep on earning until you can find another job. Maybe not your first option, but unless you are able to secure new employment immediately, or have loads of savings that you're happy to spent supporting yourself whilst out of work, the only one.

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I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.

 

Constructive dismissal is VERY difficult to prove!

 

I would strongly advise against it.

 

You could start a grievance, but your employer would know you wouldn't get anywhere with it and would call your bluff.

 

Whatever you do, just know that constructive dismissal is a tough test.

 

Do some research on constructive dismissal and see the test for yourself.

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why is it obvious that you should want to chuck your job in when you are not having your pay and conditions changed? Loss of status? Well would you accept a pay cut and keep the job title?

 

Mnay years ago I was in the TA Initially I was just an ordinary meber of the PBI, no respionsibility whatsoever, just obey orders. Due to specialsist technical skills I was made an officer and all of a sudden I had paperwork, planning, real responsibilities etc. Now, if I was offered an officer's salary to become a private again I would jump at it I doubt if the work would have changed but anything that went wrong would have never have been my fault.

Now you are in the same position, the responsibility for screwing up has moved to someone else so you can get on with doing the humdrum whilst rewriting your CV and applying for other jobs. Your olleagues wont think any less of you unless you lorded it over them and if that was the case you had better volunteer to make the teas for a month as atonement.

 

I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.
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It's not the job title. It's more to do with how it's been handled, the timing of it and to some extent who i will now report to. My new boss has caused much bad feeling in the team and for me in particular. But as new hoss is a favourite of a senior manager, is viewed as can do no wrong. I am more senior ( or was) but will now have to suck it up working to someone who in effect has my job and my team (and my office). I can't wait to discuss my goals, objectives and ambitions in these circumstances. I also have over 25 years service so having invested so much this does not feel pleasant. I want out.

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It's not the job title. It's more to do with how it's been handled, the timing of it and to some extent who i will now report to. My new boss has caused much bad feeling in the team and for me in particular. But as new hoss is a favourite of a senior manager, is viewed as can do no wrong. I am more senior ( or was) but will now have to suck it up working to someone who in effect has my job and my team (and my office). I can't wait to discuss my goals, objectives and ambitions in these circumstances. I also have over 25 years service so having invested so much this does not feel pleasant. I want out.

 

Obviously, you are angry.

 

However, don't let your current emotion determine your future.

 

Action in anger does have serious implication.

 

So exercise caution.

 

Do some research about constructive dismissal

 

Then you will see the high threshold you need to cross.

 

I understand there might be breach of contract

 

especially a duty to maintain mutual trust and confidence.

 

Think of raising a grievance first.

 

But like I stated earlier, your employer might see your bluff.

 

I would advise you exercise caution.

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I'm still unclear if there's a financial impact, or if this is essentially about hurt feelings.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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No salary change. Maybe i should be glad i will no longer have to manage others or team outputs. But, after many years of hard work this feels a backward step. Why should i be happy with that? Prospects now seem to be nil - years of management experience down the drain and a manager who I fear will not be fair or supportive and will more likely enjoy my discomfort. I will be frozen out. It's more than hurt feelings - i just cannot see how i can get past this and regain motivation and be able to perform well in what is fast becoming a toxic environment.

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No salary change. Maybe i should be glad i will no longer have to manage others or team outputs. But, after many years of hard work this feels a backward step. Why should i be happy with that? Prospects now seem to be nil - years of management experience down the drain and a manager who I fear will not be fair or supportive and will more likely enjoy my discomfort. I will be frozen out. It's more than hurt feelings - i just cannot see how i can get past this and regain motivation and be able to perform well in what is fast becoming a toxic environment.

 

So, look for another job, keeping this one until you find an alternative, unless you

a) find it so distasteful to remain,

b) have the resources to support yourself during your search for a new job, (resigning or getting yourself dismissed affects your JSA entitlement), and

c) you don't believe it true that "its easier to get a job, if you are already in a job".

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abackward step when you have been there 25 years? dont see it. If you were the kind of person to spend a year at a job just to boost your CV before moving on to the next place then yes but since there is no change in salary it is all about self-esteem and your place on the Maslow Hierarchy. If you really cant abide working there any longer the apply for more jobs but chuck it in in high dudgeon because they have changed your leader by slotting someone else in above you- cant really comprehend it. What would you have them do instead, move you to another group or whatever? Now if your skill set made that possible is there a vacancy in another department or area.

As for the hard work part, they do pay you for that and if the salary isnt enough them you should ahve been on your toes ages ago. What title you give your current role on your CV isnt tied to what your employers call it, facilities manager is always a good one as it measns everything and nothing

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