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makkapakka69

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Posts posted by makkapakka69

  1. I would seriously be going down the indirect sex discrimination route on this one as enforcing this contract term will disproportionately disadvantage women as they are more likely to have child care issues and are more likely to work part time.

     

    I wonder if ACAS could point you in the right direction for an organisation that could help.

     

    Hi,

     

    Another member of staff has already contacted ACAS regarding this. They seemed to lean more towards the "you cant be expected to work for no money" stance. This was also the response from the Direct.Gov site.

     

    These were both put to the manager, but all they got back in response was "it states in your contract that you must attend, so tough".

  2. Thank you Atlas and Ibruk for your input.

     

    In our case, she does not attend due to childcare reasons, but this situation annoys all the staff at the nursery.

     

    Why should they have to work extra hours for no pay, even on a day they are not even due in at work? Some of the staff have a round trip of 40 miles to attend these meetings if they fall on a day they are not at work, and they get no pay or expenses paid to them.

     

    Nursery nurses are very low paid to start with, and many of them simply cant afford the petrol costs.

     

    I would argue that your contract is binding during the hours in which you are contracted to work. In her case this is 9am - 2pm. Anything that falls outside these "contracted hours" cannot be enforced and would be deemed an unfair term because the contract is only binding within the hours stated in it. However if this was the case, then none of the staff are contracted past 6pm, so technically none of them should have to attend, especially for no extra pay.

     

    Some of the staff only get minimum wage, so by having to do an extra 1-2 hours unpaid work would make their overall pay fall below the national minimum wage. Surely this alone should be challenged?

     

    The thing is, she only works these hours to fit around the children. She takes them to school in the morning, goes to work, then picks them up after school. Her bosses know that because she had to apply to change her hours of work when both the children started school, so they know that she isn't trying to make lame excuses for not attending.

     

    MP.

  3. i would recomend then a meeting with the area manager for example to see if you can all work it out

     

    Again, I also suggested this. But the area manager and her boss are as thick as thieves.

     

    The company as a whole doesn't like bad publicity, so they try to sweep everything under the carpet in-house. Senior management always talk down to the general nursery nurse staff and people who make complaints are exposed as troublemakers.

     

    All in all a bad place to work. That's why I was trying to find something concreate for her to use before pushing it further.

     

    Once I have the facts, i'll know how far to go with it.

  4. I suggested a collective grievance to her, but many of her collegues are reluctant to do this. Many are only young woman (late teens - early twentys) and many are scared that they will get the sack for it.

     

    Meetings are always group sessions and never one to ones. Support staff are not used in the business.

     

    I work for a much larger company than her and I have contacted my HR department regarding this. They seem to suggest that it is an unfair contract term as it penalises people who do not work full time or on the day the meeting is held, and therfore would not be enforceable. They also said that parental childcare takes priority over anything and that alone would be sufficient excuse for not attending.

     

    Despite this, she is still worried.

  5. Thanks for replying.

     

    Her contract does not specify any time for these meetings, only that they are compulsory.

     

    They have always been held at 6pm as this is when the nursery closes and all the children have left. They cannot be held during opening times due to Ofsted regulations regarding staffing number ratios in each setting. Basically, staff are all needed to attend to the children during the day.

     

    MP.

  6. Hi all,

     

    My partner works as a nursery nurse in a private childrens nursery.

     

    She works 25 hours per week Monday to Friday and finishes at 2pm each day.

     

    It states in her contract that she must attend all staff meetings/training sessions, despite all of these being held out of hours after the nursery has closed at 6pm once a month, normally on a Wednesday. None of the staff are paid for these meetings, and people who are not at work at 6pm when the nursery closes are expected to return to work to attend. This is despite some of them living 20 miles away, however it is only a 10 minute drive across town for her, yet this still costs about 3 quids worth of fuel.

     

    We have 2 children of primary school age, therefore unless I am home from work at that time (which is rarely) she cannot attend because there is nobody to look after them.

     

    Due to her many absenses from these meetings, her boss is now saying that she must attend due to her contract and failure to do so would result in disiplinary action being taken against her.

     

    Is this true when she is only contracted to work until 2pm each day?

     

    Any advice please?

     

    Cheers,

     

    MP.

  7. UPDATE:

     

    Well i've received a reply back from MBNA.

     

    Basically, as per other posters, they do not accept that the charges were unfair and do not agree with the OFT report etc etc etc, citing that their charges are laid out clearly in the T's and C's.

     

    They have however, as a gesture of goodwill offered to refund the charges from the past 6 years plus 8% stat interest, totalling just under £400, hoping that this is to my satisfaction. (Err no, I wanted over 2 grand!!!!!)

    If not happy, refer to FOS as their complaints proceedure is exhausted.

     

    They do not refer to either my prelim letter or LBA, instead they refer to my previous correspondance, so I dont know if they will come back with another offer due to LBA.

     

    I'm going to fire another letter off refusing their offer and reminding them of the LBA and that this is MY final response on the matter before issuing Court proceedings.

     

     

    MP.

  8. Hiya Madge,

     

    I was having a read through your thread the other day to see how you were getting on.

     

    Did you bank the cheque they sent you or did you send it back to them before starting your claim?

     

    MP.

  9. UPDATE:

     

    I've received a reply from MBNA. The usual stuff - thank you for your letter, we will respond within 28 days.

     

    Now, the letter is dated from before I sent off the LBA, so must be in response to my prelim letter. Do I sit back and wait for a reply within the 28 days, or do I stick to my timeframe of 14 days?

     

    Also, if they offer partial settlement, can I re-negoiate with them before starting the claim even though i've already sent them the LBA?

     

    Thanks,

     

    MP.

  10. UPDATE:

     

    Well, the 21 days have come and gone, with no reply from MBNA so it looks like its onto the LBA.

     

    Will a fresh copy of the prelim letter surfice with just date and heading changed?

     

    MP.

  11. Thanks for your replies.

     

    This whole thing is getting beyond a joke now.

    My initial SAR request was sent to LLoyds in December which went missing in the post.

    Now this one has gone well past the 40 day mark, yet Lloyds continue to play games.

     

    Surely if this was Lloyds policy, then when they asked for my signed authority,

    they should have also made it clear then that this was the case.

     

    But no, they gave me the option of having it sent to me at home.:???::???:

     

    Can I force them to send me through the post?

     

    MP.

  12. Fuming!!!:-x:-x:-x

     

    I have received a letter from Lloyds TSB stating that because I no longer have any active accounts with them, they cannot send my SAR documents to my house.

    It must instead be sent to a branch of my choice where I must show some form of ID to collect the parcel.

     

    In their previous letter they gave me either option, and I decided to sign the acknowledgement form in order to receive them through the post.

     

    Also, to see if they "used" the signature for anything else.

     

    This SAR request is now really overdue, yet Lloyds dont seem to care that they are in breech of the Data Protection Act.

     

    Are there any requirements that if an account(s) is no longer active, then SAR documents cannot be sent through the post?

     

    I've had other defunct accounts sent through the post, so why not this one.

     

    I do not want to go to town and collect the parcel, I want it sent through the post.

     

    Any advice as to a suitable reply letter?

     

    Thanks,

     

    MP.

  13. Gives me a bit of hope that they will come back with some sort of offer before letting it go to court.

     

    My charges range from 2004 to 2007, so some are over the 6 year limit. I've quoted the Kleinwort Benson case in my letter for the earlier charges.

     

    TBH they replied to my SAR well within the 40 days and did send everything I requested, unlike LLoyds - buts thats another story..............................

     

    Good luck with your case, i'll be keeping this thread updated with any progress on mine.

     

    MP.

  14. Hiya Madge,

     

    Sent my prelim letter last off last week. Have given them 21 days to respond because of the Easter weekend. Trying to be nice to them!

     

    I have decided to use the apr at the time the charge was added to the account, so mine varies from 15.9% to 27.9%.

     

    Did they refund you the charges within the past 6 years without the fight then, and did you get back the full amount plus restitution interest?

     

    MP.

  15. Excellent!!!

     

    Just the type of letter I was searching for. I'll pull the best bits out and re-work it into what i've already written.

     

    Looks like an excellent thread to read through, many thanks for the link.

     

    I've already manually typed up a SOC using the compound interest calcalator. I previously tried the spraedsheet link, but it wont load as I dont have Microsoft Office or Excel on this laptop, and my desktop keeps crashing when it tries to load it. Just wanted to check my calculation above was correct.

     

    MP.

  16. Hi again,

     

    I've been busy sorting out the SOC.

     

    The total claim is just over £2,000 with the interest included. I used the compound interest calculator on egalegal.com, setting the rests to monthly and ticking the 360 day box.

     

    An example:

    Original charge date 19/3/05 of £25 @ apr 21.9% = £117.49

     

    Does this sound right?

     

    Also, do I make it clear in my letter now that I intend to sue for restitution if they do not play ball, or do I wait until the LBA letter to disclose this?

     

    Thanks.

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