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  1. Good evening Guys Please see attached pcn I received couple of hours ago. I think it's unfair because it was momentary stop to pick up stuff from a friend. Any advise on how to challenge this would be massively appreciated. Thanks
  2. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  3. Hello PCN issued by Smart Parking for wrong VRM a zero instead of O was entered. The alleged contravention happened at HAVEN BANKS RETAIL PARK EXETER A ticket was purchased for the time parked but a zero was entered instead of letter O PCN received 06/11/17 Date of alleged contrevetion 21/10/2017 I appealed, not realising that I had entered a zero instead of O. Not sure if I disclosed the driver ( sorry didn't realise at the time what a mistake that may have been). Sent supporting evidence of purchased tickets- I had know idea what I had done wrong. Appeal refused although they acknowledge my tickets as eveidence of tickets purchased. Appeal refused as a zero was entered instead of the letter O I'm now appealing to POPLA I'm struggling to get my head around the legal jargon and which bits apply to my case. Any help would be much apprieciated.
  4. I am hoping for a little clarification on behalf of my brother in law who runs a small company with around 12 persons who now has an issue with an employee who has assaulted another member of staff and who he understandably does not want working there anymore. Now all employees are on these zero hours contracts my first question is can you dismiss / discipline persons on these contracts? suggested he follow the company disciplinary procedure to be told there is not one so I am pretty sure that's not helpful!! none of the employees have actual physical (paper) contracts zero or otherwise and am not sure this is correct? it would seem there is no obligation for the employer to offer hours and if this is correct would this be a viable way of dealing with it (i.e. just not offering anymore hours) or would you be open to possible discrimination claims by continually telling the same person you don't need them to work? Finally I think he really needs some assistance making sure he has the correct procedures and policies required by a small company and was thinking ACAS may be the best point of contact but can anyone else suggest any organisations that can provide support to small businesses as and when needed? Thanks guys.
  5. Concerning the issue of whether we are a casual worker or a an employee there is many criteria to consider for example the time we work for the employer, our skills, whether he employs us only in case of shortage or during peak time or he uses us in the normal running of our business...etc. However I would like to know if the conclusive evidence is not when the P45 has been issued because if it has been issued one year after the start of employment this means that we are now an employee. It is up to the employer to decide if he need us anymore or nor and as a consequence if he send us our P45 or not. If the employer decides because it is not convenient for him not to issue a P45 at the end of each project we could be consider as an employee There is also the issue of HMRC and in order the employer not to pay tax maybe a worker has to work only for a small period of time and not come back for a long time There is also the issue of the difference between temporary employee and a casual worker
  6. I had to reregister. I was pj2, but CAG no longer has a password renewal option (or it doesn't work, as the page doesn't exist), so there was no way I could get back into the forum. After years of paying an old debt slowly, Robinson Way sent me a letter: "our client is today offering you a 50% reduction of the balance you owe in settlement of your account. Paying XXX will clear your account and you save XXX and become free of this debt. Please note that where this account is recorded on your credit file and you pay by reduced settlement, this will be updated as partially settled with a zero balance outstanding, and not as settled or satisfied however our client will not pursue you for any remaining balance. We may even be able to accept this over 3 monthly instalments... when you contact us, one of our customer contact representatives will discuss your current financial circumstances with you to ensure that any reduced settlement arrangement you commit to remains affordable". I would be very grateful for advice: how can I make sure I can't be pursued by anyone for the balance and that the balance cannot be sold on to a DCA. Shall I write and say I would like reassurance on this point specifically? Also, how do I avoid full disclosure of financial circumstances? Maybe email is better than phoning them but I don't see after years of paying that they have the right to trawl through my circumstances.. Could I just say, "I could raise" the money to pay it (without stating whether I already have it) and don't wish to discuss further, but agree to their offer? Thanks for any help.
  7. My Ex wife has become pregnant, She has been working for her employers for just over 22 months, will she be entitled to maternity pay? Thanks in advance Leakie
  8. What benefits is someone entitled to when on a zero hours contract and not given any work for weeks?
  9. Hey. My girlfriend is currently working a zero hour contract at a big chain, which she started 6 weeks ago. They use a clock in/out fingerprint system for start/end of day and breaks. She will be receiving her first paycheck in a few days, but she is worried that the company is handling some aspects of pay in a questionable/immoral way. Workers are entitled to a 10 minute break per shift under 6 hours; they must scan in/out for this break and if they do not take the break they need to write it down in a book. The first kicker here is that if employees do not scan out for their break nor write in the book, they have an entire hour deducted from their pay. My girlfriend was not told this by anyone until her 4th week on the job and was told she would not be paid for the times she didn't clock out, which is likely to be in the £50-100 range as she was not told she needed to follow this process and only learned by coincidence when hearing colleagues talking about it. It also isn't mentioned anywhere in her contract. Secondarily a girl she works with clocked in but forgot to clock out at the end of the day and the company are refusing to pay her for the entire day. Every shift has a supervisor and multiple people working and the store has many CCTV cameras, so wouldn't the onus be on them to prove she didn't work the shift that she was penned in for and clocked in to? She has also already had issues with being the first person to put her holiday for a specific week in the holiday book 6 weeks in advance (Which is meant to be first come first serve), yet being told a week before her holiday that she can't have it off as 4 people have already been given that time. Not really sure what she can do about the pay situation but I'm pretty sure it's illegal, only problem is it feels like a huge amount of effort to fight great lengths to get what in comparison is a small-ish amount owed, and there's also the fear of having her hours stopped/being discriminated against while this goes on so it's no wonder companies can get away with bullying people into this kind of thing. Now to top all of this off, her contract stipulates that she must pay the company £250 of 'training costs' if she leaves within the first year, even though she received no formal training or any kind of 'training day'; she was simply placed on shifts and learned on the job by watching others. For such a massive worldwide chain and the single most famous in its field, the store is managed so horrifically bad and they seem to be happy to mess people around in many ways.
  10. Hey folks, I'm sure I've asked this before but cant seem to find the thread....my main employment when I do overtime I get extra holiday pay, at my part time job I get the standard number of days only, so for instance someone working 39 hours a week will get the same holiday as someone working 59 hours a week (and many do) should extra holiday pay accrue? Also, if your under 18 can you work past 10pm? thanks in advance!
  11. Hi there I'm on a zero hour contract and have a couple of concerns over my rights. My concerns are 1 - should I be on the same pay as full time employees after 12 weeks. 2 - Get asked to go home early but take it as a holiday at that exact time. According to my partner regarding issue 2, as she's a manager and says most of her employees are on Zero hour contracts it's actually illegal to send them home early at that exact time unpaid or make them take it as a holiday if they want it paid. As they need to give you notice for reduced hours.
  12. i have worked for this company for 16 years,this is the 1st written contract ive had,i do want to leave,i am pressured to sign a contract with these following clauses : Hours of work you normally work 40 hours each week.The company reserves the right to alter working hours as necessary.as at date of issue the company is operating on a "short time" basis.you have been made aware of this and acknowledge notification and agreement. sickness Absence the company may require you to undergo a medical examination by a medical practitioner nominated by us at any stage of your employment,and to authorise such a medical practitioner to prepare a medical report detailing the results of the examination,which you agree may be disclosed to the company.the company will bear the cost of such a medical examination.such and examination will only be requested by the company where it is reasonable to do so. changes to terms and conditions of employment the company may amend,vary or terminate the terms and conditions in this document and such change will be notified to you personally in writing or ,when generally applied ,by notice. severability The various provisions of this agreement are severable,and if any provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such a invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions or identifiable parts. governing law and jurisdiction. in my eyes this is a zero hours contract which i have never agreed to,the medical clause seems draconian ,the changes to terms and conditions is this a unfair term ? and the severability clause is there because they know the contract is poor, thanks for you replies
  13. . 5 people need to click the link and confirm their support for us to publish your petition. Thanks, The Petitions team UK Government and Parliament I’ve made a petition – will you sign it? Click this link to sign the petition: https://petition.parliament.uk/petitions/111247/sponsors/5baHZ1haxWNl2lK0Lo My petition: Outlaw Zero hour contract once and for all & make no excuses not to Government ignoring common sense with this issue and trying to blanket situation out! Click this link to sign the petition: https://petition.parliament.uk/petitions/111247/sponsors/5baHZ1haxWNl2lK0Lo
  14. Help and advice welcome. To end my debt nightmare a family member has offered to help me pay off my debt. I wrote to Cabot saying that a family member was offering to pay £800 for a full and final settlement. The original debt was for £4000 and was a CC. There are no charges that I can claim back, I just want this sorted before I move house. Cabot wrote back saying. “I am happy to accept the £800 you have offered as a one off payment to close the account. If you still wish to proceed with your offer, once the payment has been received your account will be closed and your credit file will be updated to show as partially settled with a zero balance.” I am not interested in my credit file or obtaining credit in the future. Are Cabot trying it on by showing the debt as partially satisfied? Could the balance be sold to another DCA? If the family member wrote to Cabot saying that his offer is only made on the basis that the balance won’t be pursued by themselves or any other DCA, would that be any good. Any help or advice is very welcome.
  15. Hi, New on here - great site. Have read many threads on incorrect registration numbers captured to PCN that attached to vehicle. In my case the reg quotes number zero (e.g. 07) as letter O (e.g. O7). Discovered the error when logging onto the parking firms website and entered the ticket Id and my registration (correctly) and my issued ticket was not found. Looked closer and realised the number to letter error, typed incorrect registration and ticket was found on their system - of course proceeded no further!! Many threads on this site simply state ignore, cant find me as not registered keeper of vehicle of the incorrect recorded registration number. Again noted photographic evidence is not valid etc. I'm sure I know what the response will be - other similar cases have been discrepancies between 'X's' and 'K's'. Appreciate if anyone has seen similar instance to this. Many Thanks
  16. Oh dear. Only days after Apple released OS X 10.10.5, fixing a host of security flaws, a further serious (and as yet unpatched) vulnerability has been made public, by an Italian teenager who says he researches security holes in his spare time. Luca Todesco has released details of a zero-day vulnerability in OS X 10.9.5 and OS X 10.10.5, the latest shipping version of Apple's desktop and laptop operating system. According to MacIssues, the problem identified by Todesco lies in how OS X handles NULL pointers in programs, opening an opportunity for malicious code to bypass the operating system's defences. Fortunately, the attack does depend upon unsuspecting users downloading and agreeing to execute malicious code on their computer — although, as we all know, malicious hackers are experts at using social engineering and compelling lures to trick the unwary into making unwise decisions. Some have already criticised 18-year-old Todesco for making available proof-of-concept code that exploits the unpatched OS X vulnerability, but on Twitter he appears to be unrepentant: Follow Luca Todesco @qwertyoruiop "considering filing a lawsuit against Todesco for his gross negligence in releasing the how-to for this exploit" - guns don't kill people 12:12 AM - 17 Aug 2015 10 10 Retweets 16 16 favorites Once again, I'm inclined to believe that Apple might get more assistance from independent vulnerability researchers if it were to offer a financial reward for the responsible disclosure of bugs, rather than take its current — somewhat aloof — approach. It remains to be seen whether Apple will release a patch for this latest vulnerabilities, or attempt to wait until OS X 10.11 El Capitan ships (the beta version reportedly already thwarts this particular attack). Personally, my hope is that they will do the right thing and protect users of their current official shipping version rather than leave them in the lurch until they are ready to upgrade. Meanwhile, the Thunderstrike 2 vulnerability continues to remain unpatched by Apple. One hopes that the fix for that — like Todesco's zero-day vulnerability — will be coming sooner rather than later. Apple, please get the bugs fixed. Then sort out your relationship with the vulnerability researchers. Link
  17. Hello. I have unusual problem with my previous insurer. Back in June 2013 i renewed my insurance with MoreThan. And then after few months I declared SORN on my car and cancelled direct debit on car insurance. Since then I was not driving. today I called them about getting my NCB proof since I want to get back on the road. What they told me after I explained what happened is that since I haven't told them about SORN on my car is they resetting my NCB from 8 years to 0. Can they do that? I never claimed and even without that extra year I cancelled, my previous NCB is still less than 24 months (June 2013). Can I get them to provide me with NCB certificate dated before I started that new policy? How do I stand from the legal point of view. Thanks a lot for all the answers Edit: I forgot to mention that I do not owe them any money. I specifically asked about that and they confirmed.
  18. Hello, Does zero Hours contract mean that i am not entitled to any Holidays? That what my employer told me but something i do not believe as few friend of mine are on the same contract with different company and they are entitled to holidays. I joined this company and i worked on zero hours contract for about 3 months and last week they give me a permanent contract. when I asked them about my holidays they told me for the last 3 months i was not entitled to it and i will then be entitled to holidays from the day i signed my contract. Is it normal ? I am really surprise and pretty sure is not correct. If anyone can advice me on this matter please. Thank you.
  19. Hi folks I could do with some stone clad advice. I am currently a care worker on a zero hour contract. My average weekly wage is around £415 (taken over 12 weeks). I have just received 5 days holiday equivalent to £350. My feeling is that this is wrong and I should have a weeks wage for claiming 5 days holiday pay. It is only a small firm and the company accountant takes our our average wage for the week and divides by 7 to get a daily rate and then pays this accordingly to how many days you are claiming for. My annual wage is usually around £21500 so as a guide 12.07% is £2595 holiday pay I should expect over the course of the year for 28 days. This works out at a daily rate of £92.68 for every day claimed. If this figure were to be obtained via a 12 week period it would work out the same. At the rate they are paying me I will end up with £1960 over the course of the year. Please help as I maintain I am being underpaid but the accountant insists he is correct. Who is correct?
  20. Hi guys, first post so please be forgiving if I post incorrectly anywhere. I've got a little problem developing at work. I've been employed on a zero-hours contract for the past three years, now I actually work 27 hours a week, i'm not asked weekly if I can or cannot work, its almost set in stone that, that is what i'm working. Last year we had changes to our main terms and conditions for full time staff and also zero-hour staff (bank staff). These were official and legal, we went through the usual union agreements etc. Unions being unions rejected the changes so we was put on 45 day notice of "sign or be sacked" For me the changes proposed was to move me onto a fixed point salary and freeze my pay, basically stop the pay rises and move me to similar pay as everyone else. Fast forward a year it transpires my old contract included full sick pay but now my current doesn't, HR nor me was aware sick pay was in my original contract (still have it). I had to take a few weeks off for an operation and was informed of this clause in the original contract and so I have asked for the original contract to be honoured as neither party me nor HR was aware it was in the contract. I'm after any advice as to whether I have any legal grounds for asking, I've got a meeting on Friday with HR and have been informally told they are going to be refusing my request for the owed sick pay. Any help would be greatly appreciated.
  21. Been working with a company for around 6 months. Have been asked to sign new contract without notification. It states hours of work 0 - 16 hours. Is this a zero hour contract or is it a straight forward 16 hour contact? Confused???
  22. Why have I joined this forum? Well, I'm one of the 1million on a zero-hours contract and have been since December 2001. I thought we were alone but have found out otherwise over the past few days. We have not had any pay rise for 5 years and are now on the basic hourly rate which makes life very difficult. Last month I worked 68.5 hours but this month only 41.5 and next month 32.5. I have found the original 'Job Description' from 2001 in which it states that the minimum hours of the job would be 22 per week. The employer is the local council so, of course, finances are low () and, although we have had 3 different managers over the past 7 years, we just get forgotten and treated as though we don't exist with no rights and no say at all, particularly by our current Manager, who would really like to dispose of the telephone sales and rely on the Internet. Sorry to bore you all but I could go on for hours. I just wondered if anyone out there is in the same boat.
  23. Hello, Firstly I dont expect or want sympathy for my plight. Cut a long story short i was a very successful business owner that made a lot of money almost overnight...i then discovered drugs, alcohol and prescription drugs and ended up losing the lot and am now penny less with a wife that works 5 hours a week and an 18 yr old son that because of me suffers from depression. I am going into gov funded detox and rehab in 2 weeks time for 4 months to deal with my problem and my depression , i have an outstanding claim for ESA and have not yet had and answer from them. I fully realize this situation is of my own doing and an hour does not go by where I dont regret my stupid actions. Thankfully we do not have a mortgage but are really struggling to pay the bills etc.... I HOPE to get ESA.....will this happen ? If i do get ESA it will not be enough for my family to live on whilst im away for four months in recovery..... is there anything else I or my wife can claim whilst im away ? Many Thanks
  24. After passing a Fork lift course in November last year I am now being "offered" the "opportunity to attend an open day run by Staffline DHl at a local college who are offering a training course specific to the local Land rover/Jaguar plant with a guaranteed interview with JLR at the end. The bait being the "Good wages" and secure job etc. However, a little research shows that 80% off the staff at JLR (Halewood) are Temps provided by Staffline DHL and are not paid anything like the rate JLR staff are. This company exploits a loophole in the regulations regarding temp workers and equal pay after 12 weeks, known as the "Swedish derogatory", this basically means the temps are contracted to the agency as employees and then subcontracted at a rate set by their "employers" What is troubling me is the fact that only 300 of the 800 current "temps" at JLR "Halewood" are on 5 shifts a week contracts and 200 are only guaranteed 1 shift's payment if laid off (zero hours) but according to my advisor they are looking for a further 500 ? Given the recent industrial unrest both at JLR Halewood and JLR's two plants in the midlands, with strike action being threatened unless wage parity is introduced, this makes me a bit suspicious particularly when JLR and DHL have stated they have a contingency plan in case off industrial action ! Any thoughts on this? am I just being a bit paranoid?
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