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    • @BankFodder the police officer has contacted aviva her response below she has asked  them to hold on the money front      AVIVA have replied and i have requested to put the request for money on hold so fingers crossed this request is accepted.
    • damn!!   start another thread it's war i have an idea what has caused this then   can you copy and paste this text as your 1st post please (was post 1 from the old thread)   ....................................   I am a regular (many years)  P2G user and selected them to use Parcelforce 48 service to send a gazebo I sold on eBay.  Parcelforce 48 have an automatic max £100 compensation for lost items.   Parcelforce lost the item. P2G state the £100 compensation Parcelforce offer within their price, does not get reimbursed to them, so they can't reimburse it to me. However, it would have been reimbursed to me had I used Parcelforce 48 direct, rather than go through P2G.    It seems rather strange that when I pay P2G to buy Parcelforce 48 service on my behalf, they buy a different service which excludes the automatic compensation.   They also lost another £40 parcel (which I did not buy additional insurance for, because it was an excluded item).   They also broke an item prior to delivery (which the addressee rejected as it was clearly a damaged parcel). The thing is, if a parcel is rejected by the addressee, what should they do with the failed delivery?   In this case they threw away the parcel and 'broken' contents rather than return to sender and refuse to compensate me because I (again) did not buy the additional insurance.   I have escalated the rejected claims and they agreed as a gesture of goodwill to reimburse the postage costs for all three items. (I would have expected this as a matter of course) .    Clearly many will consider I should have bought the extra insurance. I often do, but feel the extra costs involved would be greater than the odd loss ( having never had a loss in a couple hundred sendings), I only pay extra on certain items.   I feel a summons coming on, so would be happy to receive any ideas. Even if P2G have a rock solid defence regarding my lack of buying insurance, I still fancy testing their resolve and seeing if they fancy a hearing.      After escalating my claims, they agreed to refund the postage costs only.   I have therefore issue a Notice Before Action for the value of the lost items £180.   Notice Before Action Dear Sir/madam You have lost the following items. 1)      1 2)      2 3)      3   I understand you eventually accepted liability for these lost items and have agreed to reimburse the postage costs but not the values.   You suggest this is due to my failing to take out additional insurance.   I am not prepared to accept your position and shall be issuing a summons on 18th August for £180, should you choose not to reimburse the values allocated to the items you have lost.   In particular: Item 1) This parcel was damaged by your courier and rejected by the addressee. It appears rather than return the parcel and contents to me, your courier decided to throw the item away. Thus the item has become lost, and therefore (due to my not paying extra for insurance against loss), you have chosen not to compensate. Do you seriously expect to ‘lose’ an item on purpose by throwing it away, and then claim it has been lost and therefore not covered?   Item 2) This parcel was lost and I made a claim. During the period of claim, the parcel was found and began to track. Ultimately being delivered (according to an email to the addressee, at 1.41 am 19 July 2020). Clearly the parcel was not delivered at such a time.   You have subsequently suggested delivery was at a different time. Despite these suggestions of proper delivery, you have been unable to prove delivery at all, the addressee has confirmed he has not received the item and you have accepted the item is lost.  I do not accept you can be so careless as to lose an item twice.   When I purchased this sending through P2G, I selected Parcelforce 48 as the courier. This service has a compensation value of up to £100 for loss. This is why I selected them.   It appears however, you chose not to purchase this service from Parcelforce, but an alternative service purporting to be Parcelforce 48, but excluding the standard compensation.  This is not what I had purchased. I do not accept your claim that I should have paid extra for insurance for you to insure, when I had already purchased a service which carried automatic insurance.   Further, the service was supposed to be a 48 hour service. The parcel was not collected within the 48 hour period, let alone delivered within it.  I consider the delays in ensuring delivery within the expected timeframe would have contributed to the loss of this item. I hold you responsible for the loss.   Item 3) This item was also subject to a claim for loss. During your investigations, this item was also found and started to track. Messages advising  "Enquiry resolved", "INT Hold" and "Out for delivery”, suggest the item had eventually been found.   I do not accept you can be so careless as to find a lost item and subsequently lose it again, regardless of whether I had purchased additional insured.   Indeed, the option to purchase such insurance was not available as the item appears to have been excluded from such insurance.   Yours faithfully      
    • Lowell? Payday Loans? Byekkkkkkkkkkkkkkkkkkk - Thats not been seen before...
    • posts copied over  try posting here now it's war.   dx  
    • Well they have the formal phone complaint logged which is good. I have tried couple different apps, but it seems that apple is blocking the recordings and I am unable to make recordings.
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Contract - termination of employment


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Hi all, was wondering if you could give me some advice please as my CAB has gone awol :D Sorry if this is long.

 

I've been at my job now since November 2006. I applied for a student job which was part-time obviously. In the whole time I've been there I've never had a contract, none of the staff have. My boss told us they've all been waiting for a contract for the past three years and then we recently just got one a few weeks ago.

 

I've read the contract and it states under 'Termination of Employment' that four weeks notice by either party is required to terminate your employment. Now here's my problem, I haven't signed this contract yet because I had a job interview a few weeks ago and I got the job so I told the lady who interviewed me that I would start August 18th but as that is only under 2 weeks away, if I sign the contract then I've agreed to giving four weeks notice (which I can't do anyway) but if I've not signed it, and refuse to do so, can they take any action against me? I've never had any problems with this company (it's a family based, independent retailer's), I've always got along with them but they've been known to get a bit funny when it comes to things like this and I have a feeling they won't let me go on one weeks notice but I figure since it's only a student job that one weeks notice is plenty? They can't force me to sign the contract, can they? Obviously since I have this new job I'm safe in that sense but I'd hate to leave on a bad note as I really like these people despite their daft ways of dealing with this sort of thing. They've been chasing me about the contract and want it on Friday but instead of my contract they'll be getting my weeks notice hehe.

 

I just have a funny feeling they'll hold my wages back or maybe even tell me to leave on Friday when I hand in my notice which I'd rather they didn't because I really need to work up until August 15th as I'll be going from weekly pay to monthly pay and need to keep myself until my first wage. So in short: Is there anything they can do? It's not a case that I'm refusing to sign the contract just to be funny, they've just not been very loyal and yet I have so I just don't feel like I owe them any favours. So advice would be massively appreciated, thank you :D

Edited by leslety
forgot to add important info
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Hi leslety,

 

Whatever you or your employer say about signing a contract, you were both governed by the "Employment Rights Act" the moment you started working for the company. The ERA gives statutory periods of notice for both sides.

 

This link will help with more detail,

Contracts of employment: introduction : Directgov - Employment

 

For your length of service a statutory minimum notice period of 1 week is enough in writing.

 

Beau

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Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Hi leslety,

 

Whatever you or your employer say about signing a contract, you were both governed by the "Employment Rights Act" the moment you started working for the company. The ERA gives statutory periods of notice for both sides.

 

This link will help with more detail,

Contracts of employment: introduction : Directgov - Employment

 

For your length of service a statutory minimum notice period of 1 week is enough in writing.

 

Beau

 

Ah thank you for that link!

 

I've had a read about and it says, "Give your employer the right amount of notice. By law, you must give one week's notice if you've worked for your employer for a month or more. Your contract may demand longer."

 

My contract does demand that I give four weeks notice but if I haven't signed the contract, and don't sign it at all, does this mean that the one week is plenty of notice? And they can't take any action against me for not signing it?

 

Thank you:p

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My contract does demand that I give four weeks notice but if I haven't signed the contract

 

You worked there from Nov 06 under implied contract of employment. New contrcats came and you never signed them. I would argue the new contract is a unilateral change to your T & C's which was never accepted by you and is therefore not binding.

 

the only weakness in your case is that having been given the new contract you continued to work there for 'a few weeks' If i represented your employer i would argue that having been given the new contract you either had to, reject it and resign or continue working, but making it clear this was under protest. Having done neither of these you have accepted by your actions.

 

All things considered I think you have a stronger case than your employer.

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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I understand what you're saying, I didn't think of that. Mind you, it states on this website I'm on that I should have been given my Employee Contract and Written Particulars of Employment after 2 months of working there but that's me just roughly about 21/22 months in the job and only just receiving it so if they could use what you're saying against me, surely I could use that against them?? I dunno, it's probable that nothing will come of it and they'll be fine with one weeks notice, I'm just preparing myself for a fight just incase. Thanks for your help!

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This is from an earlier post of mine:

 

You should within 8 weeks of commencing employment have received a written statement of particulars that should include information including:

remuneration and the intervals at which it is to be paid; hours of work; any many other items.

 

If you attempt to enforce the terms of this agreement e.g. pay, and are dimissed for doing so, you can claim unfair dismissal without needing the normal one year service qualification.

 

Thus yes you are right you could use this against them. I forget the precise sanction for this head of claim right now ... it could be 8 weeks wages... ?

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Also, am I entitled to holiday pay for holidays I haven't yet taken this year? I've literally had no more than one weeks holiday so far this year so will I be entitled to the other remaining weeks?

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This is from an earlier post of mine:

 

You should within 8 weeks of commencing employment have received a written statement of particulars that should include information including:

remuneration and the intervals at which it is to be paid; hours of work; any many other items.

 

If you attempt to enforce the terms of this agreement e.g. pay, and are dimissed for doing so, you can claim unfair dismissal without needing the normal one year service qualification.

 

Thus yes you are right you could use this against them. I forget the precise sanction for this head of claim right now ... it could be 8 weeks wages... ?

 

Ahhh yes of course. 8 weeks would probably make sense. I'll only be using this against them if they start any crap with me, don't want to cower into a corner, for a change I'd like to stand up for myself if the situation arises. I repeat, thank you!:)

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Also, am I entitled to holiday pay for holidays I haven't yet taken this year? I've literally had no more than one weeks holiday so far this year so will I be entitled to the other remaining weeks?

 

IN a word ... yes.

 

5 day a week worker = 4.8 weeks paid holiday each year. Again a stat right that cannot be overidden.

 

Please click the scales if I've helped.:)

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...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Clicked the scales :D

 

However, I'm not a 5 day a week worker, only during term holidays do I ever work 5 days a week. I've mostly been a part-timer in my time there so does that make a difference? I had a load of holidays I didn't take last year and they had to end up paying me a lorra lorra cash cos of it so I'm surmising they'll do the same when I leave?

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Again from an earlier post:

 

ell I asked someone at work to explain this to me today as I hate trying to work out Holiday Pay (ahh Maths!)

 

The 12 week rolling average is right.

 

To work out time owed apparently is -

 

(No. of hours worked in 12 week period / 100) X 10.17 = No. of hours holiday owed for the 12 weeks worked (figure A).

 

NB The 10.17 assumes 24 days holiday per year this figure is 12.07 for 28

 

Then you work out the average gross pay per hour in this 12 week period

and multiply this by the result at figure A above. This should equal the holiday pay owed to you for the 12 week period in question.

 

If this is wromg then forgive me as I hate working out holiday pay; also for your situation you maybe could do this for a series of 12 week periods if you have the recordsconfused.gif

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Thanks, I'll try and work that out soon!!

 

So when I hand in my one weeks notice tomorrow, everything should be alright because they can't take any action? I haven't signed their contract therefore haven't agreed to giving four weeks notice.

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