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    • Hi All I know this a long shot but ha anyone got any advice please? Nearly three years ago (maybe more) my ex took a contract out for a new phone for my birthday that I ended up paying the bills on (lovely present huh) I have always paid the bill for this. The phone number that I have had for most of my adult life was passed over to this contract and I am old now haha We are now divorced and have not been in contact  - he is abusive and I have nothing to do with him. I cannot enter into any dialogue with him whatsoever. I have continued with my phone contract and number etc but am stuck - I have no access to my bills even though they come out of my account - as the contract is in his name I cannot get a pac code to move therefore I will lose my number if I cancel- sky just quote data protection at me which I get but this is soooo frustrating!!!! I know that the sensible thing would have been to just l cancel the dd lose the number get another contract elsewhere and get over myself and move on but I am just asking out there as a final desperate attempt - can anything whatsoever be done??? Thank you in advance :)
    • What's your intent, or interest? I can't see that you have any cause of action regarding bills issued by one third party to another third party. Is the idea to use this as a lever "I'll denounce you to HMRC unless you do blah blah .." That might in fact have no teeth anyway, HMRC will aware of the company's turnover via their other tax affairs.  As a matter of fact a company buying VAT rated supplies and selling to VAT registered customers is actually worse off if not VAT registered themselves. Has your court case reached it's conclusion yet?
    • Hello, welcome to CAG.  I expect people will be along to advise later. We aren't here to mock, this is a serious forum. If you feel you're being picked on  report the relevant post to the site team.  Best, HB
    • no that is not a defence. because you don't have a photo
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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11 months - Sacked no reason.


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I really would Ell-enn really knows the best procedures etc. and it would be better do this sort of thing correctly from the start.

 

It's soooo tempting to start taking action immediately, but sometimes it's better to wait

 

I'm off out now but i would suggest having a google on wrongful dismissal etc. and you will see what it's all about.

 

Also, your GF has 3 months from when she was dismissed to take them to a tribunal, so a small wait to get it right won't make any difference.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hi Robert, sorry for delay - I've been really busy at work and didn't see your post till this morning..

 

Anyway.....regardless of whether she has a written contract ( she should have been given one within 2 months of starting) it is unreasonable to discipline an employee for doing something wrong that they haven't had any training to do - were there any training records for her job?

Employers have to be seen to be acting reasonably at all times. Tribunals will not only look at whether the company acted reasonably but also how any other reasonable company would have acted. If your girlfriend has had no written warnings, letters or minutes of meetings regarding her performance then I think she had a case for wrongful dismissal i.e. Wrongful dismissal is different from unfair dismissal. It's where your employer breaches your contract in dismissing you, normally by dismissing you without notice or without following a procedure required by your contract. A dismissal can be both wrongful and unfair. If she has no written contract - how does she know what the terms of ending the contract are?

 

It looks to me as if they are the type of employer who gets rid of staff just before their 12 months service is complete in order to get around the legislation. It would be interesting to find out how many staff they have dismissed over the last few years who have less than 12 months service. Is there any way you could find out?

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Thanks Ell-enn - thought you might give the correct advice!

 

(tried to give you rep, but apparently I'm being too kind at the moment and it won't let me :( )

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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thanks for the thought Tiglet :)

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In that case I don't see how they can dismiss her without any documented evidence of her poor performance. Are you sure she has never received a contract showing her rate of pay, hours of work, notice period etc?

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She was told she would be e-mailed a temp contract this was back in November 2006 but this never actually was sent.

 

No contract

 

One of her bosses just phoned up and said they would help her look for a new job! 'Thanks' guess we should be grateful

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Hi Robert, well it looks to me as if they're not following any procedure, so she needs to write to them claiming her dismissal was wrongful (I don't suppose she has a copy of their disciplinary and grievance procedure?). As I said earlier - if she hasn't got a contract how does she know the terms and conditions which have to be met to end it? I'll put together something over the weekend and post it (probably later on tomorrow, if that's OK).

 

Do you have any information about the exact reasons given regarding her poor performance - there must have been some discussion about what she was doing wrong, and if there was - they should have documented it. If they haven't any written records of her disciplinary warning how do they expect to substantiate her dismissal? They sound a right lot!!! Incidentaly - without naming the company - what sort of business is it and what size (approx employees).

 

Sorry about all the questions but when you are not personally involved it's important to get as many facts as possible in order to give the right response. Trust you understand.

 

Regards Ell-enn.

If you feel I have been helpful, please feel free to tip my scales

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Just a thought - did your girlfriend receive an offer letter when she first got the job confirming her salary, date of starting etc?

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No offer letter

Salary everything was just verbal.

 

I don't suppose she has a copy of their disciplinary and grievance procedure?

Never given anything about this

 

I'll put together something over the weekend and post it

That would be fantastic!

 

Do you have any information about the exact reasons given regarding her poor performance - there must have been some discussion about what she was doing wrong, and if there was - they should have documented it.

Post 9 is the e-mail they sent after sacking her. Other than that there were 3 discussions

1. & 2 were in a pub and were more informal chats talked about performance but were talking how it was also down to her current boss not doing things.

3 was the written warning which they apologised for and said "shouldn't have been given that it should have been a chat".

 

what sort of business is it and what size (approx employees)

small independent Internet company with 4 directors and around 9 staff gf only knew of the directors and about 5 staff. They hired more recently apparently.

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Thanks for info Robert -sounds like they've either not got an HR department or any credible HR advice - unlike you lol.

 

As I said, I will post something tomorrow.... hopefully they will take her complaint seriously.

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That would be excellent! I just can't believe they can treat her like this. You should help ACAS they have no idea. They advised me I could write back asking them to reconsider I asked if they had to take it seriously or if they could just say "thanks, but no thanks" ACAS said there is nothing you could do as she hasn't worked there 12 months.

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Did you actually give ACAS all the facts? i.e. no contract, fired by email, no training, no disciplinary procedure etc. However, the letter I will be constructing will be asking them to reconsider - but it will also be pointing out all the things they have done wrong in the process !!!

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I mentioned to ACAS no contract and she was fired over the phone with no warning etc but all they cared about was she hadn't worked there for more than 12 months....

I've been reading abit about this and it seems it is wrongful dismissal as it was carried out incorrectly and it wasn't gross misconduct. However it mentions the employee should be given due notice and technically they have let her work until 31-10-07. Compensation seems to be what she has lost- which would be her job but surely they aren't expected to pay her forever?

 

Appreciate your time on this, thanks!!!

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Thanks - these kind of employers really get me mad:shock:

 

It would also be helpful if you could let me know the "chain of command" in the business, i.e. your girlfriend's boss (title) his boss (title) etc in other words "who reports to whom" . BTW what was her job title and duties - given the type of employer we're dealing with I don't suppose she was ever given a job description? no? thought not..............................

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