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Everything posted by landlor

  1. I sent him a Complaint Mail. His defense is the same nonsense argument that ACAS guidelines are not legally enforceable ( and employer can trash them as per their convenience and that ACAS team must be a bunch of fools to have compiled some some hundred pages of guidelines and govt must be a bigger fools to fund public consultation and research). And that he did not know when the employer actually handed me the contract. I have to wait and see what Ombudsman says. I have countered his second point that how can he start advising without ascertaining such basic facts of the case. For the first point, its same thing I have been telling here that one and half day is quite conspicuously unfair. After receiving his advise, I can potentially need further legal advise to evaluate my claims against employer. So even if there cannot be a potential financial loss/gain for me, it definitely was Stressful and I will ask compensation for that.
  2. Just wondering, how often is reference from previous employer used. This is the first SA which has a reference attached to it. I have changed so many employers and all that a new one wants is to confirm dates of employment. Also about unfair contract law, this is not necessarily limited to Consumer Contract. It is applicable to all contracts that if it had unfair term, then it can be challenged a=even after acceptance. I had a similar situation with Landlord, where rental contract had a clause that I will return his property after a professional cleaning, where as I myself never got after professional cleaning. The DPS clearly refused Landlords point that that it is mentioned in the Rental Contract and hence I was legally oblisged to get professional cleaning done. And why would unfairness and unreasonablness be limited to consumer contracts? They are applicable everywhere. The courts will never allow themselves to be used to support something unfair. Will they? And how many will accept that one and half day is a fair amount of time for signing a SA, running into 18 pages. I have raised this with legal ombudsman that my solicitor did not inform me that I could be eligible for more time , either due to ACAS guidelines or just to call it fair/reasonable amount of time for SA without following ACAS guidelines. ACAS publishes guidelines not to be just easily disregarded and get with so easily. Govt funds their research and public consultation, not just to be trashed when it comes to use it. ACAS guidelines were never ever meant to be legally enforceable but to quantify certain parameter. So for SA, they believe at least TEN days must be given to call it fair, unless agreed or the circumstances are different.
  3. The ACAS stipulation of ten days is to say that less than ten days is sufficient to call it unfair. So the entire contract itself can be said to have an unfair term in it and unfair term contract law will be applicable.
  4. I don't think this will be an issue. There can be proof of something which happened. but if something did not happen, the where will theproof exist. If I say that there was no such agreement, then the court is not a fool to say that prove unless the employer opposes it and then it will be for the employer to prove that. The SA prepared by employer and so it means employer gave the time line? No confusion.
  5. Well, I will answer one by one. @Emzzi: Weather I can prove that shorter time was by agreement or not? I think it will be for employer to prove that such a short time was agreed, not for me. The SA has been prepared by them and the deadline does not say that it has been agreed. Everyone seems to be focusing on that fact that I got three months severance for seven months of service, as though I had a windfall. No one seems to appreciate that such a short stint is a blot on my career. That too only for their benefit and there is a consistent loss for me. Say when I went for a mortgage, I don't get because my employment history is not great. Had it been a contracting stint, it would not been an issue and also I would have got paid for all the extra hours of work. When I had informed my director about my hours of work, he said that Perm. employees are expected to do this. So while they justify my extra time as normal, nothing has been done by them when they themselves could not keep me in job like perm. employee. Not only is this an example of "Improper Behavior", it is a case of "Unambigous Impropriety" by the employer. The employer put pressure on me to sign the SA by telling that if not, they will withdraw the offer. Even if I cannot prove financial loss, it definitely was a stressful for me as I had to travel abroad on 06-May and I mentioned this to the employer. But the employer did not change their position. And the question is not weather I could have got more or not, it is a question that I was deprived of the opportunity and the employer is clearly on wrong side. Pressing me to sign the agreement in less than TEN days is quite clearly mentioned as a case of "Unambigous Impropriety" and that the terms of SA can be rendered unenforceable and that the employment tribunal can levy Penalty to the employer, given it their standard practice, as per their own admission on email. Secondly, for over four months I was discharging duties at one level above me as the manager of the team made an internal move. So it had become very hectic for me. Also one can always claim overtime later. Does it need to be within a certain time limit?
  6. Hey All, I did ask my employer for more time but they did not give and said that after 07-May, I will get only statutory severance. Giving less than ten days to an employee is cited as case of "Unambigous Impropriety" in ACAS guidelines and that the Employment Tribunal can render the contract as unenforceable. As far the question of why I did not claim for overtime earlier: I did not because permanent employees are expected to work beyond contracted hours to keep the bank running and are rewarded in terms of better job security and bonus. None of these two happened. My job was reduced as the bank off-shored the job for their benefit. Clearly they did't care for the blot on my career. If the stint lasted so short, then I believe I should be compensated for all the overtime work. No? After joining, I was asked to stay back for an extra hour every day to cover business. Apart from this, several night and weekend support as well. Moreover even as per contract, I can be asked to stay back to fix one-off issue that may come , but in this case, the bank asked me stay back for an hour extra Everyday Single day. That must be paid for, apart from the three months redundancy, which I see as compensation for damage to my career. My appraisal rating in Dec-2014 was as Consistently Strong. The redundancy was not a mass redundancy.
  7. So even if that is the only bit that the solicitor was supposed to do, does it mean that he does not need to tell me that the settlement agreement needs to be given ten days, as per ACAS, and that is for the employee to fully appreciate how those terms affect him. The engagement letter says that he advised me on terms of the Settlement Agreement specially related to unfair dismissal etc. There cannot be a seperate line in the engagement letter to say that he will advise me on time that an employee will be given. If that is to be the case, then the employee can find that himself. What is the use of solicitor then? Only to read out? I did ask the employer for more time but they did not agree to my request.
  8. Hey Honeebee, Thanks for the reply. Yes, the solicitor fee was paid and recommended for by the employer. Its only now that I am realising that I have done so much extra work from the employer and that I could have had this realisation at the time of signing agreement had I been given a reasonable amount of time. Can someone tell me weather the employer has been legally wrong, as per common law. Can the employer put such deadlines in the settlement agreement? Was the service given by solicitor not of poor quality?
  9. Hello Friends, My employer (a large investment bank) made me redundant in just seven months and offered the settlement agreement as usual. I was handed the agreement at the end of day on 01-May and asked to sign and send it back to them by 07-May, after receiving advise from a qualified solicitor on the settlement agreement. The employer gave me three months redundancy. Is it okay for them to give so little time. FYI, 02,03 and 04 May were bank holiday. Thus I could start finding a solicitor only on 05-May and post the agreement on 06-May so that the it reaches the employer on 07-May. I was given so less time to fully appreciate the agreement and as I retro-inspect today, I realise that I had worked overtime everyday for an extra hour, several midnight support and weekend support. Please help me to understand what my legal position is? Can an employer give so less time to sign the agreement? Should my solicitor not have won more time for me from the employer? I believe my solicitor failed me as well. I am aware that ACAS recommends minimum ten calendar days should be given to the employee. The solicitor could have used this practice guideline to get more time from the employer. However he did not do any thing of this sort and rather advised to sign and send as soon as possible. He was paid 500.00 pounds for this as service fee. Does it not count as poor service by the solicitor?
  10. Hello All, I was just wondering if I can authorize one of my friend to work on my tenancy dispute. I am too busy to do this myself and my friend who is not a lawyer is happy to follow the case on my behalf. This includes filing papers in the court on my behalf and negotiating with LL. So my question is "Does the person representing tenant need to have a formal qualification in Law , ie be a Lawyer/Solicitor/Barrister etc". Is there any law dictating who can represent and who cannot? Thanks
  11. Hey Marron, Many Thanks for your reply. This is a bit different case as Lycafly is a Travel Agency and not airline itself. The question really becomes that can a merchant take so long to refund the money? Are there laws in this regard that I can quote to Lycafly? Thanks
  12. Hello All, I have this bad experience with Lycafly. They have taken a long time to return my money for cancellation of a flight due on 28-Nov-2014. I have been literally stressed and had to do a lot of chasing to get my money back. They are going to return after all this chase this Friday. Do I have legal rights to claim compensation for such a long delay they took. Please advise. Thanks
  13. Hello Friends, Any input on this please. Came home from office expecting a reply.
  14. I had sent a claim and got the refund, Thankfully. This experience just sparked me to know what rules are rail companies subject to? Basic Consumer Laws or any different for railways?
  15. Hello Friends, I have this question with regards to refund claims passengers make. I am aware that passengers have to make claim for delay with 28 days of the delayed journey. So far so good. But How long can the rail companies take to refund the money? Will they not be subject to any existing rules to make refund within certain number of days. Was wondering if this kind of claim is any different from general consumer laws. I am sure there are rules about the time limit within which a customer/client must be refunded, if a valid refund claim is made? Thanks
  16. Hi All, Thanks for the replies above. Ford, Yes they are offering a refurbished as replacement. About software consumption, I just checked, and it says 49% is used by Android, facebook 25% and the rest are few of applications. which have always been there. My Android version is Lollipop and the system update button says that my Android is latest. I have heard that Lollipop on Nexus-5 had battery life issues but Google has fixed that and I believe there shouldn't be any software issues any more. This battery power has been an issue for quite some time on my phone. Does Android maintain any history of battery performance? Refurbished is a big no for my wife as she does not want to use a mobile which was used by someone else previously.
  17. But for items like mobile, which one holds all the time, can I not reject replacement by refurbished mobile.
  18. Hey Ford, Thanks for the reply. It is nexus-5 model with Kit-kat. I essentially want refund, after deduction whatsoever. Don't want to try with repair and replacement by a refurbished is a big no as mobile is a personal equipment and don't feel like using something which was used previously by someone else. Can I push for refund? Battery runs out within two-three hours. Thanks.
  19. Hey All, I bought Google nexus mobile seven months back and its battery is not working well now. It drains away too soon. I want to know my legal position on this. I know that as per Sale of Goods Act, one can claim refund , with deduction for usage, if the stuff sold is found to be faulty within a reasonable time. There is no set reasonable time and it varies from the type of stuff bought/sold. I want to know as to what is considered a "reasonable time" for mobile phones? Naturally four weeks is too less as the battery can work well for four weeks? Thanks for your replies.
  20. Hello Friends, Yesterday, me and my wife had this bad experience at a carpet shop. After bargaining the price, when we decided to leave the shop without buying, the salesman asked me 'What happened?'. So I said that I will wait for being more closer to Christmas time. Then the salesman gave very rude reply to us that "come after two three years and the prices will be low" and in a very condescending manner. My wife felt very bad and insulted about this. Can I use any legislation to help me in this case here. Really help as my wife was almost in tears when she left the shop. I really want to fix that salesman. Thanks for your replies.
  21. Hello friends, My pension fund administrator took a long time due to their system being dis-functional (over thirty days, when it should have been just two days) to register my account and make status of my pension fund available on-line. My pension fund pot is around £25000.00. I really had to continuously call and chase them to fix my problem. Is there any legislation that entitles me to compensation for keeping me deprived of being able to view my pension fund on-line? Thanks
  22. Thanks Unclebulgaria for your reply. I know that visitor visa refusal cannot be appealed against. Does that mean I cannot raise complaint and if needed seek Ombudsman help on family visitor visa refusal.
  23. Hello All, My father's family visitor visa was refused on 01-Nov. Basically my father was in UK in May-27 and therefore his second visa starting from 01-Nov was refused because it is less than six months since his last departure from UK. I did not know about this rule. The visa officer further feels that he is trying to make UK a habitual abode. He is eligible to come to UK after 29-Nov as he will have completed six months out of UK. Now my concern is that the visa officer may refuse again thinking that my father is desperate to go to UK and therefore applied as soon as he became eligible and thus refuse again saying that he is trying to make UK is habitual abode. In this regard, I intend to mention the following as reason why he will return to India and not stay in UK. He is coming here to meet with my family ( myself, my wife and my one year old son ). Last time, he returned back within four months even though he had six months visa. Also even though I have lived in UK for a good six and half years now, he has applied only for second visit. Besides this, my father has wife ( my mother & married for over last forty years), a son, a daughter and two grand-children as a family in India. He has substantial fixed deposits in India, besides the monthly regular pension. My questions are: (1)Does the above form a strong reason to return back to India. (2)If the visa is refused again, will I be able to raise complaint and seek ombudsman help if needed. Thanks for your responses.
  24. I would like to bring to everyone's attention what I believe is an unfair trading by Railways ( no specific company ). To commute from Croydon (zone-5) to Canary Wharf (zone-2), daily office going passengers have to travel via London Bridge (Zone-1), because the direct connectivity between Croydon and Canary Wharf is poor. The direct connectivity from Croydon to London Bridge is the only re-course for passengers but they have to shell out extra £1020.00 per annum as London Bridge is in Zone-1. £1020.00 /annum is a huge amount by any standard, Someone buying a zone5-zone-2 ticket also deserves a good service as well. After all the cost is based on zone and not on level of service. I believe the current method is directing funds from thousands of daily travellers in an unfair way to rail companies. Besides this, it is depriving the people of time I have raised this with ORR (Office of Rail regulation). I want to know if I Can take this to court? I am willing to chase this public interest, in court, if I get advise.
  25. Thanks EricsBrother, the company must be having more than 200 people. Cant give exact number. Can you please tell now. Also the employment was a Fixed Term Contract of one year. My contract only has a mention of Pension that I can opt into, after three months of Probation and which I did not take at all.
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