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    • deal with it IF it ever happens...
    • Hi everybody else who has suffered from this terrible trader! I will post all of the details that I have found out about him - sorry, I got carried away by my rant. I need to look them up in my book, so will do it this evening. I have created a new thread - thanks for the advice.
    • Well, we have also been done by Yewtree Cars/James Harrison! We bought a Land Rover Discovery from him off a dealer site on 28th December 2020. He advertised it as 1 loving owner (true, I tracked him down on Facebook, really nice guy!)   throughout the advert WOW full dealership service history, WOW new cambelt, WOW new MOT, WOW full valet including decontamination clean WOW, WOW, WOW!!!   We paid £4500 for the car plus £280 for delivery from Solihull to Winchester. He sent 3 texts reminding us to ‘look after the delivery guy cuz he’s a top man’! Soon worked out that HE was the delivery guy!   They dropped the car off and scarpered. It was dark when it arrived, initial thoughts were it was disgusting inside. I have never seen such a filthy interior. He even left his sweet wrapper inside.   He drove the vehicle down to us (we thought that we were paying for a transporter). It was running on fumes, so we took it out to get fuel. Straight away noticed automatic gearbox slipping. Not a good start.   Next day messaged dealer asking for the receipt, twice, he said that he was in Dubai (in his dreams!) for 2 weeks but would send it when he got back. Before he delivered the car, he said that if we weren’t happy he would personally come and collect it.   Sent him a message (I like to keep proof of conversations) to say that we certainly weren’t happy and wanted to return it. His reply was - SOLD AS SEEN, YOU GOT A CHEAP CAR!   Thinking we would have to cut our loses, we had a new gearbox put in, only to find that the crankshaft had also gone and then the bottom part of the engine had to be replaced. Also the suspension at the front was leaking oil (mentioned as an advisory on the previous mot, which he said had been done). He forged an entry in the service book saying that it had just had a cambelt change (false Land Rover stamp), confirmed by previous owner and Land Rover.   So, after 8 weeks of being at the garage and £7000 - YES £7000! later we certainly did get a cheap car from him. Are we going to let this go? NO!   I have found out his real name and I am going to pursue him through the court until I get this money back. He is the worst kind of confidence trickster, a liar and a thief.   We will have no hesitation in scouring Solihull for him, whatever it takes.  
    • So for various reasons, which 'm happy to discuss and debate, largely driven by the available sites apparently being O/AZ, and with the 2nd dose being 10-12 weeks after the first O/AZ apparently giving very little protection from the new strains appearing O/AZ efficiency apparently being about 55-65% with one dose and Pfiser giving much better and wider protection from a single dose I'm NOT going for the O/AZ and giving up the chance of faster better protection from pfiser even if it means waiting a couple of weeks.    
    • @Andyorch   I didn't know that. Thank you.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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I have a medical condition classified as a disability. My employer has a policy of not allowing overtime for 1 month if you are off sick in order to cut down on sick leave. I'm rarely off sick but have occasionally been ill due to my disability. Can they legally stop me doing overtime if I can prove my sickness is due to my disability as I'm obviously going to earn less than someone who is not forced to be off sick because of my condition?

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This seems like a punative measure. I've heard of some companies trying to use this tactic but never for as long as a month or even a week!


You should not be treated less favourably than your "Able bodied" colleagues which you are probably aware of and this is covered by the DDA. The company may try to argue that everyone is treated the same i.e everyone is banned for 1 month, but in most cases their sickness is probably not due to their disability. I think you should speak to your manager informally to start with and possibly HR. If you are a member of a Union I would seek advice/representation from them too. I think it is worth pointing out that because of your disability you have some limitations which they are (or should be) aware of and you feel you are being punished unfairly because of this.


Does everyone accept the 1 month ban? Has it ever been waived in certain circumstances for example work needs to be covered but lots of people banned?


At the end of the day its strength in numbers. If your colleagues are all unhappy at this working practice you could all get together and submit a collective grievance to try and get this ban overturned.


What is the point of this ban, do they want people to come to work when they are sick to infect everyone else because they do not want to lose a months overtime? If you are fit to work you are fit to work overtime.


I would try the informal approach and if your colleagues don't want to do anything about it then take it through the grievance procedure yourself.





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  • 4 months later...

We had a sickness policy of three incidents of sickness over a years period, on a rolling basis.

If you had more sickness they would dicipline you.

This would mean that one person gets a cold and comes to work, then everyone else caught it and so the job stopped.

As a union rep., I have dealt with many cases where managers bully peple into coming to work, when they are not fit.

I was off with a bad back at L4/5. The pain from this was horrendous and I could not work.

After 5 months, the pain eased, and I went back to work on light duties, till I was properly fit.

Under the DDA, this is what mangers should aim for is a phased return to work, or giving you private medical care to speed your return.

If I was off sick, and they would not let me work overtime, I'd tell them to stuff it.

Knowing what goes on, one person will come back of sick and work all the overtime there is, others come back and have this restriction placed on them.

In a real world, there should be adequate staffing levels so you dont have to live at work.

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I have a medical condition classified as a disability. My employer has a policy of not allowing overtime for 1 month if you are off sick in order to cut down on sick leave. I'm rarely off sick but have occasionally been ill due to my disability. Can they legally stop me doing overtime if I can prove my sickness is due to my disability as I'm obviously going to earn less than someone who is not forced to be off sick because of my condition?


My wifes a nurse and she occasionally gets to do private work at the weekends for which the pay is very good. However, shes just been banned for 3 MONTHS because of her sick record !!!!! (its not that bad).


I was wondering whether an employer can legally do this?

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The DDA is one close to my heart and one that smaller employers tend to disregard due to ignorance.

Firstly is there anything in your contract concerning overtime rules and regs? To be honest it's not really relevant in your case but it helps if there's something in black and white. The DDA makes you pretty much bullet proof and if you can attribute your sick leave to your disability then by law you are being discriminated against through what is basically preferential treatment to the 'able bodied' staff.

If your employer says that the policy is for all staff point out that 'all reasonable efforts should be made to enable equal opportunities for yourself under the DDA'

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