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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

becky2585

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Everything posted by becky2585

  1. becky2585
    It's a tad ambiguous isn't it. Preliminary Hearings are now open hearings that can determine any issue. As it's been listed for a full day, I would imagine that the hearing has been listed to review your witness evidence, cross examine you upon it and then to determine whether the claim should be struck out. If it is permitted to proceed, Directions will be issued at the end of the PH. Just my educated guess, though.
  2. becky2585
    What did the previous order say? Impossible to comment without seeing the order of 6 June. Although I'd take that as a severe ticking off!
  3. becky2585
    It would only be a constructive dismissal scenario if your job role was changed. If you're made redundant, you'd be looking at unfair dismissal. The problem is that even if your dismissal is procedurally unfair, your employer wouldn't usually have to justify its decision to restructure - it is usually accepted that unless the decision was perverse, the reason for the dismissal would be fair. So any compensation recovered would usually be limited to the amount of time it would have taken to fairly dismiss you (think around a month). You could argue that you should have been placed into the role automatically though! It's worth thinking about when you're negotiating your settlement agreement.
  4. becky2585
    Your acceptance of their offer won't be legally valid unless a settlement agreement is signed. Either party can withdraw up until that point, although it would be bad form if no counter offer was made. You need to remember that this isn't an open negotiation - it's likely to be a without prejudice or S111A ERA negotiation and in either case, you'd never be able to go to court to argue that a contract was formed as any such discussions would be inadmissible.
  5. becky2585
    The main problem with what you're suggesting is that the ET will see that you're on a fishing expedition. You don't have proof that you were unfairly dismissed; only a hunch. It isn't enough at this stage. Disclosure could well prove exactly what you're thinking, but there is no provision for pre action disclosure in the ET rules, as SP says. In the UK, the courts have to follow primary sources in the first instance (so legislation, such as the ET rules). Secondary sources such as case law are only binding in support of that legislation. So there won't be any case law supporting pre action disclosure in the ET because no statutory provision for that exists. The only way around that would be a data subject access request, but even then they could refuse to comply by saying the request is disproportionate...
  6. becky2585
    It sounds like the right approach to me, if she had a contract. If she didn't have anything in writing then an employment tribunal may be a better option (they're better versed in dealing with contract free relationships) but it does cost more, until you claim your fees back from the other side, anyway.
  7. becky2585
    That's an interesting view and puts a new spin on it. I do pro bono work for clients who genuinely need it. I also advise here in my free time. And I am passionate about the law so yes, it's nice to give out free advice and you are right in that respect. However, I do dislike the deceit involved with some people who expect things for free. Law firms are businesses at the end of the day and if we spend all our time giving out free advice, we wouldn't hit our fee targets and would find ourselves out of a job! I don't do free consultations anymore as I haven't had a single paying client out of them. Years of experience tells me that people who ask for free consultations aren't serious about bringing a claim and even if they are, they don't have the financial means to pay for legal advice, so it's a waste of my time. On that basis Id rather keep my free advice out of work so I can volunteer who I give it to. Anyway, sorry for the thread hijack.
  8. becky2585
    I really hate this type of advice. Lawyers are working professionals with very strict fee targets to meet (targets which can't be met if free advice is given out willy nilly). We already invest enough free time in genuine clients so it's massively unfair to approach a lawyer for free advice if you have no intention of instructing them.
  9. becky2585
    You need to remove all of the religious references as it has nothing at all to do with your case. Your witness statement "statement of truth" is "I confirm that the content of this statement is true to the best of my own knowledge and belief", not "everything I say here is completely and indisputably true". You need to sign that and not come up with reasons why you can't. You need to focus on why you were unable to present your claim within three months. From what I've read I don't see much hope for you though I'm afraid. Just to add (edited) - your statement is a combination between facts for the final hearing and an application for disclosure - neither of which are relevant. List the dates and acts, explain why they should be joined together, and explain why you couldn't bring the claim within time and why you brought it within such a further reasonable period of time following the deadline.
  10. becky2585
    No. Your schedule is designed to reflect your best case scenario, not a realistic estimate of compensation.
  11. becky2585
    You need to prepare a schedule of loss - a basic example can be found here - https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensatory-award/calculating-the-compensatory-award/employment-tribunals-preparing-a-schedule-of-loss/employment-tribunals-sample-schedule-of-loss/ You'd need (as a minimum) to calculate your basic award and compensatory award as well as applying a 25% uplift for their breach of the ACAS Code. If you're claiming detriment compensation regarding the WB claim then add that in too.
  12. becky2585
    Have you brought a standard unfair dismissal claim as well as an automatically unfair one? The only reason I ask is that if you were dismissed five days before you hit the two year mark, your statutory notice of a week is added on so you are actually two days over the required two years service....
  13. becky2585
    Nobody can answer that question without knowing the details of the claim and defence.
  14. becky2585
    You could just argue that you're entitled to your one weeks notice pay as it isn't gross misconduct. Other than that, there isn't much you can do.
  15. becky2585
    Legally you can't challenge it for the reasons I mentioned before. If you have signed the contract then you can't contest it contractually either. It's really up to your employer whether they honour their initial error or not.
  16. becky2585
    It sounds to me like a series of unfortunate events! Basically, ACAS are wrong. Your holiday entitlement is 28 days / 5 (working days per week) X 3.5 (days you actually work) = 19.6 days holiday, rounded up to 20 days. So your holiday is correct for statutory purposes - you would need to take 7 days leave to book a two week holiday, whereas someone working the typical 9-5, 5 days per week would have to book 10 days leave to take the same amount of time off. Regarding your offer letter - does it say the full time entitlement is 28 days, or that your own entitlement is 28 days? What does your contract say? The only way you can protect your position is if you assert your employer is breaching the working time regulations (which they aren't) so if you do kick up a fuss, they could just dismiss you. Might be worth just looking elsewhere and keeping an income coming in until you can find something else with better holidays or shift patterns.
  17. becky2585
    There is no privilege of non disclosure. Either the email is relevant or it isn't. It's relevant to a DSAR if you can directly or indirectly be personally identified. It's relevant to tribunal proceedings if it assists or adversely affects either party's case and relates to the issues to be decided. Lying doesn't matter, except perhaps to demonstrate unreasonable behaviour.
  18. becky2585
    A COT3 Agreement is a binding agreement which has wording agreed by the parties and which ACAS put on their standard COT3 form. Usually it contains confidentiality provisions, and a waiver of current and future claims as a minimum. An agreed reference can also be attached. You don't actually need to take legal advice from a solicitor on a COT3, but before agreeing any wording (even verbally) it's worth doing so. Just remember that a verbal agreement with ACAS is legally binding so be careful what you say. I take the opposite view re references - a standard basic reference confirming job title and dates of employment is usually sufficient. It's all I would get from my employer. Overly glowing references scream "settlement agreement!" To me!
  19. becky2585
    I would certainly argue that requiring two additional shifts per week would not be in the spirit of the contract, regardless of its ambiguous terms... Despite that, it's probably also a breach of the NMW and also the working time regulations - employees must have at least 24 hours break per week!
  20. becky2585
    Generally speaking, probationary periods are limited to three to six months with a limited provision to extend - but the reality of the situation is that you can be dismissed for any non discriminatory reason during the first two years in employment. Unfortunately only service as an employee counts towards the two years - any time spent working through the agency doesn't, as you would have been a worker and not an employee during that time. So whilst a two year probationary period is rather unusual, it's also very honest of the company!
  21. becky2585
    I think you've taken the right approach. Presumably, they would have deemed a dismissal the first time around to have been unfair, so what has changed to make a potential dismissal this time around fair?
  22. becky2585
    There's actually no legal reason why you couldn't have been included in the first redundancy pool. Being signed off sick doesn't mean you can't be included in any redundancy consultation process. It sounds to me that your employer has done skewed logic, in that perhaps they thought they were making reasonable adjustments for your disability by exempting you from the first process. Perhaps now you're back on light duties they do view you as "fair game"? Part of the purpose of the consultation is to notify your employer of the unfairness of the criteria. Maybe you can suggest they take previous performance records when you were at 100% health, or you will almost certainly be made unfairly redundant as there is no criteria to measure you against (because of your disability related absence). If you are ultimately selected because of circumstances surrounding your disability then they could be on a sticky wicket.
  23. becky2585
    I'm pretty shocked to be honest. Have they offered him no unpaid leave at all?? My mum died very suddenly at Christmas and my employer gave me as much paid leave as I needed. I'm horrified that any employer (even an agency) could be so callous. I'd be leaving if it was me!
  24. becky2585
    Missing any of the key components of the legislation could point towards a common law apprenticeship. It's one of the areas where the detail really does matter and you could form a case based on a technicality. That being the case, there could be a claim for wages for the remaining duration of the contract. Worth seeking legal advice, I think!
  25. becky2585
    My understanding is that ETs are currently aiming to get judgments out in 28 days (although in reality, they often take longer) but a year is absolutely not ordinary. Has she chased them consistently?

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