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    • i'd be sending them an sar get all the details and see if his bank has proof of BT cancelling the DD too. then p'haps we can make a complaint......   £800/12 is about £67pcm - thats an expensive deal if this is for BB only and not phone as well & at what speed - i'd expect >70MPS for that deal...was it.?   the issue here is if it is for phone as well BT won't release the line till the debt is cleared if he wanted & should switch - to say vodafone at <£30PCM for the same deal.
    • Am I able to upload it like the earlier ones today? It seems to be easiest way for me to do it on my fone 
    • nothing to do with any warranty or guarantee nor T&C's. and nothing to do with where you kept nor used it.   under the Consumer rights act you are entitled for upto 6yrs to have an item that is fit for purpose.   your item has failed within 6mts so under the CRA it is the retailer responsibility to inspect it and have ONE chance to repair it .. no quibble.   sadly as you purchased the item through paypal with your credit card i don't think you have any rights that way under section 75 of the consumer rights act.   @BankFodder will be around AM to help with how to move you forward possibly by a formal letter but safe to say Sweatband.com are taking you for a fool.
    • It is residential. Not long been self employed, and in between been employed.   Everything was set up by dd. BT even let them upgrade the Internet 2 months ago, but did not refuse on basis bill not paid. No letters, nothing and normally would cut you off after not paying for a month.   Yes they should check outgoings, but young couple, and everything by DD.  They obviously realised they made a mistake by halfing it. Just wanted advice really    I would also like to point out they are very financially aware, he earns good money, just didn't spot it wasn't coming out, nothing alerted him to the fact it wasn't 
    • £800 for one year?? what planet are you on?   i will guess this is residential Broadband not a business A/C?   however i do find it a bit strange that a self employer person does know when or not money is going out of your A/C one month maybe, but to not spot 12mts of not seeing a BB bill smacks of poor financial awareness..    
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

home based workers and the european working time directive


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Hi all, sat and read about 100 posts - this is a great forum with good advice so..... as we are having a few "heated discussions" at work at the moment, I thought i'd see if anyone here can help.

 

My first ( of what I suspect will be few ) is about our management staff not appreciating that we are working long hours and that swapping us from place to place ( usually a hundred miles plus apart ) 3 times a week or leaving us away from home all week with clients for the long term is any detriment to us or puts them in contravention of any working time directives.

 

Summary - we are all homebased consultants and our contracts list our place of work as " home based ". Our hours of work are listed as 9 to 5.30 with 1/2 hour for lunch.

 

The reality - we are permanently based away from home, are expected to be on client site by 9am for a 40 hour week, plus up to 3 hours travel a day for some ( some more, but only at the beginning and end of the week ) and to do our office admin for work after finishing for the day at the client site.

 

For most, this averages a 48 hour week but for some it is averaging around 55.

 

My question is two fold....

 

1 ) Does our travel time count towards the EWTD

 

2) how long would a home based worker have to work at one client site for it to become their normal place of work in law, regardless of what their contract says ?

 

Any help much appreciated as my employer doesn't appreciate that they are at risk or that we are at detriment.

Edited by marbella belle
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1) Possibly as your contract lists your place of work as home bassed, although I would be happy to stand corrected on this

 

2)If you want a simple answer on limited facts I would say in excess of 2 years possibly as much as 5.

 

You state,"....The reality - we are permanently based away from home, are expected to be on client site by 9am for a 40 hour week, plus up to 3 hours travel a day for some..."

 

If there is an express or implied term in an employment contract that gives an employer the right to require an employee to change location, then an employee who refuses to do so will be acting in breach of contract. If there is no such term, then an employer who makes such a request will be in breach of contract.

 

You say no express mobility clause exists in your contract each case would be viewed on its own merits. Relevant factors would include but not be limited to:

 

a) express mobility clauses in the contract (if one exists)

b) implied terms relating to an employee’s place of work (custom & practice etc such as being, "...permanently based away from home...")

c) interpretation of any ambiguous terms

d) variation as required to allow the contract to operate in reality

e) custom and practice in your industry

f) the length of time at one location, and how often the employee normally spends at one location

 

As you can see there is no simple answer. Each case would have to be viewed and decided on the individual facts applicable to that case.

Edited by elche
typo!

...................................................................... [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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