Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Help at my wits end


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5434 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am in social housing, but not as a house manager/warden, as you are. I know all about the problems you have just described from former colleagues. Also I did lifeline call out work for many years, as a lone worker, calls usually coming early hours of the morning, OAP just woken up, very grumpy, not taken meds yet, can be aggressive, men and women alike. They very often can and do hit out at you with sticks/canes, claw at you, pull your hair out, and all you are trying to do is clean up the mess they've made in their bloody bed! And the abuse - oh yes! You just have to ignore it and don't respond to it - but certainly make a record of it every time.

 

I had a visit to a very posh house once to an elderly lady who had fallen and called for help. At 1am in the morning (bloody coldest night one February!) I'm in her porch having to smash a window because she's put the safety chain on. Get through the door, there she is on the floor, in agony, shouting, swearing, screaming, well ok, we can deal with all that. I could see her hip was broken, angle of her foot, but would she stay still? I had to get down on the floor with her to try and comfort her, make her stay still, and she had the cheek to tell me to get out of her house because I was a smoker and I stunk! She told me I was one of the commonest creatures on earth, and that she would have me sent to prison for breaking her front door glass! Ambulance came, she was just as abusive to them (two men and she'd wet herself - if she had allowed me to help I would have made sure she had clean dry underwear on at the very least before the men arrived!). To cap it all she then, six weeks later, put in a formal complaint about me. However, I was a bit quick thinking at the time of the call - I deliberately left the lifeline machine open so the whole event was recorded. I then did this as a matter of course at every situation where things were going to be heated. Are you able to do this if you have to visit him?

 

I'm sure someone will advise you shortly of the solution to this, but in the meantime, as you probably already know, be on your guard with this resident at all times. Do not see him alone, even if that means that if he puts in a call for help someone from a nearby site has to attend, either to deal with him or to accompany you. For normal day time calls, is there a tenant rep living on site who may be willing to accompany you? Or are you in a position where you can call him on the intercom rather than a personal visit?

 

The bottom line is this person has already been convicted of assaulting you, he should now be red flagged on the HA's system which means no lone working with him! I am at a loss to understand why the HA have not evicted him for assaulting you? In my opinion they have an outright duty to ensure your safety at work, and in your case, even more so, because you are a lone worker. Assaulting staff should be a serious tenancy breach.

 

If you haven't already, please join Unison. They may not be able to assist now because this is an ongoing situation which started whilst you were not a member, but if there are future problems which threaten your job and home they can get involved.

 

I wish you all the luck in the world - I know exactly what elderly/vulnerable people can be like - very sad but true, and hey chaps, guess what - we're all going to be like this one day too!

  • Haha 1
Link to post
Share on other sites

Ok, so you must keep a record of all this, just don't put it on his record. Keep your own notes and keep those notes out of the office.

 

What I suggest you do now, is join Unison straight away, if you are not already a member. But this will be for anything that happens from the time you join, not what has already happened.

 

For what has already happened we will have to try and help you on here. I am no expert on employment issues, have a few issues myself, but there are some excellent experts in that field who help on here.

 

But I can and do understand what you are suffering, and why. You need to go to your GP as well and get this on record. It is clearly making you ill. Are you a lady or a guy? Just wondering.

 

Its a sad fact of life that there are those people who you cannot help, and here is one of them. He has been convicted of an assault on you and continues in this vein, he has upset other residents and staff. He will not stop. What to do? Eviction, or at the very least the threat of it, and a good ASBO wouldn't go amiss by the sounds of it. He's living on a sheltered site where the possibilities of further mayhem being caused are countless. I'm afraid I'd be looking at the overall welfare of all the other residents - if this man can assault you he is not a vulnerable person, if he were my tenant I'd tell him - you either start acting appropriately or you get out and I don't care very much which. I'm not suggesting you actually say anything of the sort to him, but next time he starts up try thinking it whilst blocking him out.

 

Ask your HR Dept for copies of both the Lone Worker policy and the formal greivance procedure. You will also need to know what the policy is on rehousing you if you have to quit your job. Do you have children at home? Can the Council help with housing? You could request a transfer to the next available position at another site.

 

Whatever you do, if it were me, I'd begin right now with my notes, mentioning witnesses where necessary and then keep it updated daily. Then I'd put in a grievance.

 

You just reminded me, a colleague of mine had a staffie, it was her little girls pet. One of the male residents absolutely hated my colleague and complained bitterly about the dog. He got nowhere because there was no proof. Then a resident's cat was bitten very badly and need emergency treatment, this guy blamed it on the staffie and even stated he had seen it clear an 8ft fence to get the cat! I went to the hearing with her, and I know I wasn't supposed to say a lot, but they got me so riled - they just wanted the dog to go whether guilty or not! My colleague was being given the choice of break her daughters heart or lose her home and job of 20 years! In the end I just said, who saw the dog do this? No-one. Did the vet state this dog bit that cat? No! Is the dog capable of clearing 8ft when he's only 2ft of the ground himself? Most probably not! Has the complainant got good eyesight? No he had cataracts! Did the cat owner have a problem with the dog? No, she loved him and couldn't believe it had done such a thing - she hadn't seen it - only this nasty old man. Game over, dog stayed, no disciplinary, and the following year the old boy popped his clogs, so game really was over!

 

I know this demoralises you and makes you feel low, but do stick up for yourself in this, you too have rights, perhaps the most important is the right to a safe working environment. And people threatening you with hacksaws is just not on. Also, I know its sometimes very difficult, but if you are genuinely afraid of this guy, do whatever you can not to let him see it - it'll just make him worse.

 

Goodluck and I expect some of the employment experts will post up here tonight.

  • Haha 1
Link to post
Share on other sites

As I understand it, if you click the triangle, it will alert the mods to your thread. There is a lovely person Elche who may be able to offer employment advice. If she will, its the best.

 

I know what you should be expecting from your employer, but you need proper advice about what in reality you can expect.

 

Good luck tomorrow, I'll have my fingers crossed for you.

 

Stay calm, deep breath and a quick run through in your brain of what you are going to say before it actually comes out of your mouth, and remember what I said, however much this man frightens you don't give the silly old whatnot the satisfaction of seeing it. He probably gets a kick out of it.

Link to post
Share on other sites

  • 2 weeks later...

The HA MUST have a lone worker policy Social Housing staff are lone workers generally, and in this case Wally is at a "remote site" as well.

 

Elche, this man has been found guilty twice now of assaulting this lady. The HA should have served him with NOSP for tenancy breach at the very least. I can't understand why they don't just evict him!

 

I'd have his whatnots on a pole at the entrance to the site if this were anything to do with me!

 

I always understood an employer to have an outright duty of care towards the employee whilst at work?

 

All the rest is over to you I know nothing about employment law really. But I do know about HA's etc and this is so wrong!

Link to post
Share on other sites

Wally, it doesn't matter what happened last year, two years ago or four years ago. The issue is about what is happening to you now in your current position. Your HA have taken you on and have no cause for complaint, so I fail to see how they could act on you leaving a job under the circumstances you describe. YOU know they have nothing to complain about - you have done nothing wrong, have been assaulted and now suffering harassment.

 

If this does come to light it should warn your employer that you will stand up for yourself if you are pushed hard enough.

 

This meeting today is very important to you, it is your opportunity to state very calmly how unprotected you feel, how disappointd you are at such a caring organisation failing to take immediate steps to ensure your well being at work. I think you have to makeit very clear that you cannot visit this man alone, and quite frankly they should not be asking you to after this.

 

Don;t hand your notice in - as you say, its your home as well. That will make it a victory for the OP toerag, and an easy job for your employer.

 

Make sure you can either tape the meeting, or take some notes and ask for an accurate transcript of what was said.

 

I'll keep my fingers crossed for you, but if you dig your heels in, hold your head high, I think it will go fine for you.

 

And also, now you've said about losing a job before, I think, as would be perfectly normal, your confidence has been knocked by that. Try and separate out the two things when you have your meeting, this is about this job not what happened previously. I know how difficult that can be, but try hard.

 

Good luck, the end result should be he gets a NOSP, you get a written assurance that you no longer have to visit this man alone.

 

I shall keep everything crossed for you. Put in a grievance if this meeting doesn't go the way you think it should.

 

And photo's of you? Ok, wait for a very dark night, catch him with the camera and make the swine eat it! Then tell the guy to photograph that!

Link to post
Share on other sites

Take the special leave. Whilst you are not working with the man, you cannot be accused of anything.

 

At least they are looking at NOSP, and that's a good thing.

 

You know that this man is not the full shilling, now let other people see how he operates. Just go about your business, take no notice, don't retaliate if you are confronted just tell him you cannot speak to him. The man is lying about you and he will trip himself up.

 

I know its ever so difficult, especially if you are already low, but try to enjoy to leave and really have a good rest. Then you'll be better prepared to deal with things. Just go out and do things that you enjoy doing and let them all get on with it.

 

I think the HA will come down on your side.;)

Link to post
Share on other sites

No, it doesn't mean suspension necessarily. On the face of it what exactly have you done wrong here? Fingers crossed again, as I say take the special leave, go to the meeting.

 

Let us know how it goes. You really do need to be in a Union, it makesit so much less daunting to have someone trustworthy with you at these things.

 

And Wally, do remember also that at the meeting you have a captive audience, so which ever way this goes, you have the opportunity to have your say too.

Link to post
Share on other sites

Ok, lets get it into perspective - is there any reason for you to be worried about any monies you have collected during the course of your duties? I don't want to upset you by asking, but the question is already being silently asked by your employers taking things such as keys and receipt books. If you can say no, then you have nothing to worry about on that front and this is probably all part of the malicious complaints being made about you. Let them investigate.

 

I'm not so sure they have the right to ask you about your former employment - I have alerted the site team to this thread again because we need some professional employment advice here, on this point. If you didn't put that employer down for a reference, and the subject never came up, then I can't see why it should matter now. I say this because for your job you will have had an enhanced CRB done. So they interviewed you, employed you, took up references they were happy with, and then CRB'd you - I fail to see how a job some time ago has any bearing on any of this.

 

How did this man find out about your former employment? Snooping I suppose and getting information from other people - sounds very much to me like the basis for starting a harassment complaint to the police. How about trying to contact one of the coppers who dealt with the assault case and taking some advice from them in confidence?

 

Are you able to tell us about the previous job and what happened?

 

You need to join Unison now, I believe you can do this online on their website. I would also have a look at the ACAS website and perhaps give them a call. There is always the CAB as well, but there is likely to be a long wait to be seen.

 

I know constructive dismissal is a bugger to prove, but on the face of it, you have been assaulted and nothing has been done to protect you, therefore I would say any reasonable person would find it necessary to remove themselves from danger of that level. In addition to this you are now being publicly humiliated and this is making you ill.

 

I hope you will go and let your GP know what is going on - this needs to be on record somewhere.

 

It is horrible when an investigation has to take place, but try to look at it this way - a complaint has been made and your employer has to look into it. They are not going to find any evidence of wrong doing, and you are feeling this way because your confidence is being sapped by the whole thing, this makes us look at things in a very paranoid way sometimes. Ten times worse when you feel alone and isolated.

 

This whole investigation could go full circle and come out 100% in your favour, but unless the investigation goes ahead, and you are cleared, there will always be a shadow over you, fair or not.

 

Keep us updated, I'll look in daily.

Link to post
Share on other sites

Ok, if that is all that happened, then you have nothing to worry about. You don;t have to tell them anything. Even if they did find out, its clear that you were a victim here. Anyway they ended up having to pay you off - this is what might worry your current employer - however, whatever happened in the previous job, bears no relation to what is going on now. That was a result of what seems to have been a personal vendetta against you, clearly not the case here.

 

All I can advise is that you get in touch with Unison asap.

 

Always remember you have done nothing wrong here, so however hard they look, they will not find anything and this should completely vindicate you and you should get an apology at the very least.

 

Keep posting, people will help you and I am sure this will turn out ok.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...