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    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
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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.

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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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