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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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H&S Constructive Dismissal


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Hi all,

 

I work in a private residential development for the management company.

On two occasions I have been subjected to violence in the workplace, once by a visitor and once by a resident.

 

When the visitor threatened me, police were called by my manager and it was dealt with properly.

Almost identical situation six months later but this time a leaseholder,

the manager refused to call the police, didn't speak to the man and then went on to issue me with a final written warning.

 

There is video evidence and I did nothing wrong but because I refused to turn my back on a man who was threatening me, I am on a final written warning even though there is video evidence of the whole thing recorded by a third party.

 

I have been told by ACAS that for contrcutive dismissal you have to work for your employer for two years, even if it is H&S.

They have advised the Whistleblower route which I know very little about.

 

I have had to hand in my notice as I can't work for a company that has no concern for my safety.

I have been misadvised by ACAS previously so just wanted to clarify the two year thing?

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Citizens Advice also seem to think you need to have worked for the employer for 2 years before you can bring a CD claim to an Employment Tribunal

 

https://www.citizensadvice.org.uk/work/leaving-a-job/dismissal/claiming-constructive-dismissal/

 

How long have you worked for them for?

 

I don't understand what you mean by "...because I refused to turn my back on a man who was threatening me, I am on a final written warning..". Could you explain a bit more?

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Hi, I asked a man to put his dog on a lead, which is my job. He followed me screaming abuse and threatening to hit me so I couldn't turn my back or risk being attacked physically. If I had ran away, I would ahve been accused of leaving the area without dealing with a situation. Because I didn't just walk away, I was accused of making the situation worse even though I didn't raise my voice or react in any way. When he walked away from me I left the area and reported it. It is all on video.

 

I have worked for them for just over a year.

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I have looked at the CAB website and if it is an automatic reason then it's less than two years ie H&S....... but ACAS have said something else but they advised me incorrectly previously.

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We live in a society going towards full americanization, excuse the made up word.

Companies will happily sack an employee who's been attacked by a customer if they receive a complaint.

I had to defend 2 similar cases this year.

They were both "saved" with a final written warning despite the union disinterest.

Regarding your case, you have now resigned, so not much you can do.

Use this as a learning point.

If you are ever attacked or abused during your employment, don't complain to your bosses first, complain to the police, then your bosses.

They tempt to be a bit more reasonable when the matter has been referred to the police.

And don't even think to put yourself in danger just for the sake of a job, if someone physically attacks you, defend yourself.

As long as you use reasonable force, you won't be doing anything wrong.

Put them on the floor, block them and call the police.

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I called the police myself after my employer made it clear they wouldn’t. Unfortunately it took the police five weeks to speak to the perpetrator and then didn’t take it any further. I went through the appeal procedure and they upheld the final written warning. I have raised a grievance which hasn’t yet been dealt with and only acknowledged once I handed in my notice.

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Well, you have resigned now, so unless you want to invest a lot of time and some money to have a little (not guaranteed) victory, I suggest you learn your lesson and move on.

If you are ever in a similar situation, workers have many weapons at their disposal (whistleblowing, grievance, counselling which may suggest sick leave, etc.)

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Lizzie, did you raise a grievance over this?

 

 

People in the know should be along later to comment, but I'm thinking maybe you could speak to a no win no fee [NWNF] lawyer and see what they think. If they're willing to take your case then they think you have a chance and if they don't, you have your answer.

 

 

HB

Illegitimi non carborundum

 

 

 

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  • 2 weeks later...

The grievance was not upheld as we knew it wouldn't be. We have responded as they have not answered the questions raised and refusing to admit it was violence at work as defined by HSE. It was a very aggressive person making threats and screaming abuse, invading space but they have acted from a customer service side rather than as an employer.

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If you were subjected to a detriment after you raised the grievance and issue, regarding say for example the health and safety of a worker (you), there may be a Whistleblowing claim - which does not require a qualifying service period.

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If it is your job to tell the man to put his dog on a lead then you have a whistleblowing Claim You definitely do NOT have a constructive dismissal Claim You could still bring a Claim for Protected Disclosure

 

 

 

However, there is time limit issue

 

 

When did the man/dog issue occur? The other side would try and claim that time limit starts from that incident

But time limit for victimization starts from the failure to uphold your complaint

 

 

You weakened your case by resigning too quickA judge would see your Claim as someone who regretted his action of resigning

Edited by honeybee13
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