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iamjaspa

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Everything posted by iamjaspa

  1. OK well I am not sure about just blocking all payments. I have similar payments due to go out over the next few days so blocking dd (that I do actually owe) seems like that's going to cause more problems with other transactions. And as for ringing the bank - I cant - I have a speech impairment. I am not concerned about the payment going through. For sake of argument lets presume I didn't use “pay after delivery” and the item was paid for by me immediately: The terms under Ebay are that a refund will be issued once the seller receives the item back. But by only issuing me with one means to return the item, one that I can not carry through, are Ebays policies actually impeding on my right to a refund? Thats all I want to know really and if that is the case then hopefully I can find it in legislation. Again thanks for your time. Jaspa.
  2. Hello dx, thanks for your time. I paid through paypal "Pay After Delivery". Paypal are due to take it out of my bank account tomorrow. So the seller was paid immediately and I will be charged tomorrow.
  3. Hello I recently purchased an item from a seller on Ebay. On arrival the box was damaged and there were components missing none of which were mentioned in the original listing. I messaged the seller to inform them of the situation and to explain that I will send photos as soon as I could. The seller replied stating they would wait for the photos and maybe a refund/partial refund could be agreed. A couple of days later I sent the photographs of the damage. I didn't hear back from the seller, instead I received an email from Ebay stating that the seller agreed to a full refund and would send me a postal label. All fine and good. However, over the next couple of days whilst waiting for the label, I developed Covid symptoms and so began 14 days self isolation. That's when the label came through to return the item. Now I cant get the item to the post office – I have no one in my local vicinity that can help me and obviously I cant leave the house. I am not going to be able to get the item back by the date given by Ebay. I contacted Ebay asking if there was any other course of action I could take (such as courier pick-up) and they replied with the following: “I am sorry to know about the issue you faced. Please understand that the seller has provided a return label. As per the policy, the seller has done their part. I understand that it is not possible to return the item. In this situation, you may take help from your friends or neighbours to get the item posted.” I decided that if I cant find someone to take to the post office for me I would cancel the return/refund and accept this as a loss (it was only £30). But something doesn't seem right to me about this. If a buyer is entitled to a full refund (when the product is missing parts/faulty etc) including any postage costs, what are their rights if the only way given to them to return the item, is one that is impossible for them to fulfil, given that other options are a possibility? Is this really just a case of tough luck?
  4. I was transferred to an outsourcing company 15 months ago and I’ve had nothing but problems since. I am a cleaner. First my manager tried to take away hours (Sundays) replacing me without letting me know and has continued to try and take them away ever since. The problem for me being that the hours in question were agreed on, verbally, before the transfer. So I posted a thread on this forum, and followed the advice. I asked my OLD manager (from before the transfer) to sign something to state the contract took place, he never did, but did have a word with them on the side which at the time worked. Since then, I have been accused by my manager of not doing my job during these hours and not coming in on these days. I am continuously being told I can’t be trusted because of poor attendance on these days. I have taken a lot of time off in the past but all because of genuinely unavoidable reasons. They reassure me its 22 days sick leave taken in the last year but I think it’s more like 15 (estimate). I’m sure they are adding days that I actually booked as holiday because I haven’t taken any Sundays off without booking them. But I can’t prove that. At the beginning of February my mother’s health deteriorated I informed work I wouldn’t be in for at least a week. Sadly, a week later my mother passed away so I took a further 6 weeks off. I returned to work for a few days when some complications arose (in conjunction with my mother’s death) and I required another couple of days off which I informed them of. When I returned fully I was sent an email from head office telling me I had a disciplinary hearing because of erratic attendance, after I pointed out that I was entitled to the time off, that changed to inadequate communication. I told them that I could prove that I had contacted my supervisor (namely texts sent and received) and tried & failed to contact my manager (phone always off) but was told that the hearing would be going ahead all the same. (I think they thought I was bluffing – at this point they didn’t know what the proof was). I pointed out that they should talk to my supervisor as he could vouch for me this seems to have been ignored and I was reminded it was procedure. The letter also stated that I would not be doing Sundays again until my attendance improves. My claim was that my manager knew of my comms but failed to pass this on to head office. I asked that my managers manager (sorry don’t know his title) hold the hearing - that was a no. So I asked that he at least be there - again no. I asked someone else from head office be there, yet again - no. The hearing was held by my manager and he brought along another manager who has little to do with me. The usual accusations were thrown at me but the main attack was my lack of comms. I defended myself and was then told that all I had was my word. I said the same of them and then showed my proof. They quickly shifted the blame on to my supervisor. I received a letter a few days later explaining that “Having taken all the facts into account the company has decided not to take any further action against you on this occasion” I thought I had proved I wasn’t guilty. The letter continued “I trust we can now move forward and expect you to continue with your improved attendance and communication”. I cant see what ive actually done wrong other than voice my opinions. Now my manager is really going for it. He comes in to check my work every day picking up on the smallest thing I miss out or neglect, he tells me not to concentrate on some things too much one day and then has a dig because they have been neglected the next. In the two and a half years I’ve been there I haven’t had any problems raised but suddenly now my work’s unacceptable. Extra work added and schedules changed are making my job harder and there’s no reason for it. I’ve also had my Sundays stopped again as an outcome of my “poor attendance”. I’ve emailed my managers manager with my complaints about him in the past but the usual reply has been its there procedure and it’s down to my manager. He no longer replies to my emails and I now have to go through someone else in his office to communicate with him(HR). I am constantly having their terms & conditions shoved in my face and being told its procedure but don’t they have to go by my original T&Cs I had (under Tupe)? I’ve now emailed my OLD manager explaining my situation and to ask if he could spare one of his staff to check that I’ve done my work when they arrived in the morning. His reply was that he thought it would be inappropriate to get directly involved and proceeded to tell me how vital it is to communicate any absences I may have. That tells me that he too is under the impression I never contacted them. There are many other little things that have happened that I see as unfair but don’t know if they come under tupe or if they have any relevance, but too many to remember and list here. It seems anything they can think of to make it more intolerable for me is implemented. I have no witnesses to the fact that I actually do any work or that they act this way (just managment) as I am put upstairs out the way of the rest of the team and I don’t exactly get to "mix" with them. My job is kind of based on the fact that it’s trusted I do my work and if there’s nothing for me to do I find the supervisor and get reappointed (which rarely happens). I asked my manager to move me somewhere else if he isn’t happy, he wont. So I’ve asked for him to write me a day by day list of jobs he wants me to do. He said he would but a week later – nothing. Everything he says about me seems to be believed by everyone He acts and speaks to me one way and then completely changes when other people are around. It’s a bit strange. All I know is I wouldn’t have been treated this way by the company that I originally applied to, for the job but isn’t this what tupe is supposed to protect me against? Who do I go to now I’ve run out of managers to go to? As i mentioned earlier emails I’ve sent in the past to head office, touching on the subject of my objection to this treatment have been ignored. Could this be classed as a grievance they haven’t followed up on? Or do I need to write something more official? Would it be worth it or could it bring more problems for me? I want to keep my job I work hard and cant see how this new company has contributed (other than denting morale) in any way. So any advice would help. Thank you. Jaspa.
  5. Thank you for your help. Well thats good, I think I could get my previous manager to give me a signed statement to say the agreement took place with all necessary details. Would this be evidence enough? Also would like to know if being tuped would be a threat to a verbal contract? Especially being as my only solid evidence would be a statement of events. Could that be seen as fabricated after the transfer? Thanks again.
  6. I and one other colleague were Tuped in February. I am a part time cleaner and was with the company for 18 months before the transfer. When I first applied for the position it was described as 15 hours a week over 6 days 7.30am – 10.00am. However, I was contacted by the head of HR and was asked if I would consider more hours than advertised, to which I agreed and was subsequently offered the position and was told the exact hours would be discussed when I started. After a meeting with the manager it was agreed that my times would be 7.30am – 10.30am Sunday – Friday (on-going) and a few other hours in the evenings as and when needed (temporarily – until they could find someone else to cover it) giving me a guaranteed 18 Hours a week. But my written contract stayed the same at 15 hours. More recently, the new company has taken away my Sunday hours – without even consulting me about it. I came into work one morning and there were new people there doing my job. I spoke to my NEW manager about this and was told that I was no longer needed on Sundays as we were over staffed and that I am only contracted for 15 hours anyway. So, I spoke to my OLD manager about this who said not to worry he would have a word with them. A few days passed and then my NEW manager finally came in to see me about it, telling me that he is sticking to his decision and I will not be working Sundays from now on, adding “unless it doesn’t work out with the new staff”. My OLD manager has since told me he has done all he can do and cant dictate to them what hours they give me out of the contract. Questions Is the verbal agreement I had with my original employer legally binding? I heard somewhere that agreements on times and rates etc. whether written or spoken were classed as a contract of employment. And if so, would this still stand after being Tuped? And if so again, could I claim for some sort of loss of earnings for all the Sundays I'm currently missing? Might not seem a big deal to many people, but its my only income and I really cant afford it. On a slightly different note. My terms and conditions state I am not entitled to overtime rate for weekend work but those who are on the agency's terms and conditions are. Is this right? Thank you in advance for any help you have.
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