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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Having been of work for 2 months with depression (GP sick note states this) following a work OH assessment, I've been called in for a capability meeting.

 

The OH Dr believed due to "depression" I'd be better off back in work, therefore, he stated to my employer I'm fit for work.

 

I've spoken to my GP about this, my GP disagrees, currently, my GP advice, I'm still not fit for work.

 

Who takes precedence with my employer, the OH Dr who stated I'm fit for work, or my GP who states I'm not fit for work?

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Did you authorise OH to discuss with your GP?

 

Your GP's sign off takes precedence in the sense of entitlement to statutory sick pay, but being signed off doesn't stop your employer starting sickness capability proceedings in line with their sickness absence policy. And ultimately they could dismiss you although it sounds as if there's a way to go before it got to that point.

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Technically your employer can ignore both as its advice. The test is when it gets to ET but action to avoid that is good. Have you been for a chat with your boss?

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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Thank you for all the replies, no, as yet, I've not been called in for a chat

 

 

you are allowed to suggest it yourself!

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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  • 2 weeks later...

Has your GP referred you to any specialist? I might be inclined to ask the Employer for a list of the qualifications of the OH advisor to see how they stack up.

 

Also, is your depression caused by work or work related? Or completely independent? (not asking for specifics of course).

 

Then the question is how far do you wish to take it? You could remind your employer that if they cause you harm acting against the advice of your GP they will be liable....

Edited by JasJules
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Has your GP referred you to any specialist?

 

 

Yes, MH team

 

 

Also, is your depression caused by work or work related?

 

 

It's personal issues within the workforce based on assumption.

 

You could remind your employer that if they cause you harm acting against the advice of your GP they will be liable....?

 

 

Can I ask out of curiosity, what can they be liable for?

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  • 4 months later...

Following ET proceedings with my previous emoployer, I accepted an out of court settlemet, part of that my employer will provide a reference if requested

I'm unsure what reason to give on future applications, "reason for leaving"

Clearly, being honest and disclosing why I left, is not going to place me favourable.

Any advice please?

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Provided you don't lie about anything when asked (like amounts off sick leave), a settlement agreement is a "mutually agreed termination". The terms of your agreement may state that you can't disclose anything else- that's a common term, but not always included. I wouldn't strongly advise saying anything else anyway. As you have stated, the more information you give, the more it may detract from your employment prospects. Unfortunately, even a mutually agreed termination is a give away - it means there was a dispute, but not what the dispute was. 

I presume you were not advised on this - the majority of negotiated settlements would include the actual wording of the agreed reference, and you don't seem to suggest this was the case. So the employer could very easily disclose anything true, including matters to your detriment. So you may need to be prepared for questions about your sick leave or reasons for leaving anyway. That does depend on the potential employer and how they take what would be, to many, red flags. 

Some people go through a period of agency working to cover the termination and build a new reference base. But that doesn't suit everyone. 

But the one thing is always say is never tell a lie or mislead. Inevitably they find out, and that is never a good thing to happen. 

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15 hours ago, honeybee13 said:

Why don't you want to tell future employers about your health issues, or is it something else?

The health issues I experienced was instigated due to the issues I was experiencing at work, as my employer failed to find in my favour following the grievance procedure, the end result being I took my employer to an ET, I'm concerned this may put off any potential employer

 

 

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14 hours ago, Sangie595 said:

I presume you were not advised on this - No I wasn't

I had an emploment solicitor paid for at my own expense, Ii didn't feel was best supported or advised.

But the one thing is always say is never tell a lie or mislead. Inevitably they find out, and that is never a good thing to happen - I wouldn't lie, I'd like the chance to explain why I left, however, I'm just not sure what to state as reson for leaving when applying for a position.

 

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You are not going to want to hear this, but I'm going to tell you anyway because it's important that you understand the position you are in. You should have been told this by your solicitor. 

The health issues you have had, officially, have nothing whatsoever to do with your former employment. That they do is your allegation. It is an unproven allegation. A settlement agreement is not an admission of guilt. It is a neutral (unless the agreement says otherwise) settlement on economic grounds ( it's cheaper to pay you off than go to a tribunal). If the agreement states that you cannot disclose circumstances (and I don't know whether it does or not) then you cannot explain anything other than that you left. If it does not, then you can say whatever you like, but there can be consequences. 

Firstly, your previous employer can find out what you are saying and accuse you of lying - there are two sides to this story and both are equally valid because there is no finding of evidence in the matter. That could result in just a slanging match. It might result in legal action against you, depending on what you say. It not uncommonly results in untraceable and unevidenced telephone conversations between former employers and potential or new employers; and nothing that will be said in those telephone calls that haven't happened will be complimentary about you.

Secondly, most employers don't relish hearing you criticise your last employer and painting yourself the victim. They especially don't want to hear that you put in a claim to a tribunal. Many will wonder if you are the employee from hell. Just as there are employers from hell, there are employees from hell. You don't want to be viewed as potentially being one of them. It doesn't matter what the truth is. They don't really wish to know. 

The bottom line is that unless you are exceptional, a much sought after skill set, and vastly experienced over and above everyone else in your line of work, there will be other candidates who come with no question marks and no baggage. A great many employers prefer those candidates. Not all. But a great many. 

So your options are that you say you resigned (I assume that you did), that there was a mutually agreed termination (which is the common term used to explain a settlement agreement), or you provide a long and convoluted self-justification for your circumstances. Assuming every word of the latter is true (and I'm assuming that you will tell the truth, at least from your perspective) the chances are high that you are shooting yourself in the foot with potential employers. I'd strongly recommend that the least said is the better option. You can simply add "for personal reasons" and leave it at that if you wish. 

Unfortunately, what you won't be able to do is to exert any control over what your former employers say. Provided what they (officially) say is true, then they have a wide degree of latitude to disclose your sickness record, the fact that you made a tribunal claim, or anything else that they wish. I would therefore suggest that the fewer question they might be asked by a potential employer, the better it is for you. It's too late to change the circumstances, but I'd never let someone enter into a settlement agreement without an agreed reference and binding agreement that that would be the only thing an employer says. It's not foolproof, but it usually works. 

Of course, I said, the other option is to find a (legitimate) way of having a new reference. The most common way of doing that is to do agency work, since agencies are often less pedantic about former employers saying nice things about you, and telling them the truth is less risky- they have less at risk when taking you on so they care less. 

There no advice anyone could give you that's foolproof. That's the problem. You could luckily trip over the greatest employer in the world who is fine with everything you tell them, doesn't hold it against you, and wants to give you a chance. They exist. Regrettably, they don't have badges, so you might kiss a lot of toads before you find one of them. So the best I can really come up with is don't mislead or lie, and I'd advise keeping it as short  and sweet as possible, disclosing as little as possible, and certainly not discussing how bad your former employers were or how you had to make a tribunal claim. Without an actual tribunal finding, all of that is nothing more than hearsay.

 

Edited by sangie5952
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Thank you for your honesty.

What took place with my former employer is personal to me, I'd rather not elaborate on the issues to any potential employer, I’ve recovered, departed with them and moved on.

I had over 10 years service with my previous employer, and had an explanatory record; issues only arose in the last 12 months due to my personal circumstances changing (not affecting my role or requirements)

I signed an agreement not to disclose the contents or details of the agreement, I believe this was binding on both sides.

As I mentioned earlier, the "employment solicitor" I hired, didn't fulfil me with confidence. 

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They don't have to disclose the details of the agreement. They can disclose your sickness record, your claim to tribunal, and anything that isn't part of the agreement.

I don't know what had happened here, and it's probably too late to make a difference. I think you should either go with agency working, and/ or you resigned for personal  reasons but are no longer in the same situation. That is true. But it leaves a door open for the employer to interpret it as needing to give up working for some other reason that is in the past. Assuming your reference is ok, they probably won't think much more of it. I can't guarantee that, obviously. But it's probably the best you  can get. 

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Hi,

Thank you, I think stating "I resigned for personal reasons but are no longer in the same situation" is a good reason for why I left.

I'm currently doing agency work, the role I'm currently doing is basic, and doesn't equate to the senior position I held with my previous employer,  I took agency work to get myself back into a work routine.

 

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Have a response prepared though if an employer asks you to expand on what you mean by "personal reasons". Interviewers know well that it's a phrase that can cover - and hide - a whole range of things and they will often what to know more. "Personal reasons" ultimately means little - everyone who has chosen to leave their job voluntarily has left for "personal reasons".

Edited by Ethel Street
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