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    • I see that at the start of your thread you said they hadn't sent a Letter of Claim.  And in fact in all the uploaded material there is no LoC.  This is great news.  Even were you to lose - you won't - the judge would chop off a chunk of the money for their non-respect of PAPLOC. However, I'm a bit confused as you've named the file name as a SAR.  Are you sure about this?  Did you send any other letters apart from the one dx advised which was a CPR request (not a SAR) to DCBL (not Group Nexus).  I'm not being pernickety, this will be important for your Witness Statement further down the line.
    • I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”.  An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving.   The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but does it does not provide a defence.   But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did.   As I explained, after his birthday he did not hold a licence that could be revoked.   In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive.   The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600.
    • I'd recommend getting a new thread started about this. Let us help!
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    • 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.

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

      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.
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      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
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Race Discrimination


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Hi everyone,

 

I have been going through an awful time at work. It all started when my line manager started putting in people in with me who had performance problems and eventually I was in a team with 2 others and then my line manger created a new structure with me in the team with the other two and them two getting roles outside the team, but not me. Both of them are white and I am asian, one of the two is someone I mentored and have more experience than and more academically qualified. I tried to leave this team earlier and my line manager was aware of this and she sent me an email to pre-empt this, admitting that I work with someone who does not pull their weight or earn their salary - referring to the person that I mentored, I have more experience than and more academically qualified. My line manager said they give me their word they will make them pull their weight after just giving them a career ehancing opportunity - this guy just hides and this had been going on for over 2 years. I have filed a grievance on this and other incidents. I was off with work related stress and on my first day back at work my line manager accused me of verbal abuse after she asked me what i thought of her, there had been the excessive flattery that she gave me so I would have a positive opnion at my return to work meeting, but I stated that i thought she was a very manipulative person and she said I called her a manipulative bitch - this was communicated to personnel and i got a warning communicated via my union rep. This I believe is victimisation as there were no witnesses and she asked me specifically what I thought of her. I did state before I went off sick that I felt I had been harassed and discriminated on my race and of course there was an informal meeting where some sycophantic HR manager dismissed my claims as me being frustrated.

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If I'm honest, I can't see anything there that could be directly described as racial discrimination. It just seems like an assumption because the other members of the team are white. That's not to say you're not being picked on because of your race, just that I can't see you've provided any evidence of this. Has anything else happened that's led you to believe you're being victimised because of your race?

 

Also, I'm pretty sure it's not a great idea to tell your boss directly that she's manipulative. With or without the word bitch accompanying it, it's an aggresive description to use, and one that I personally think could justify disciplinary action. It could have been phrased differently, and far more constructively. However, it does seem somewhat unfair that you've recieved any kind of warning for it without any chance to put your side of the story across. It's also worth pointing out the HR manager certainly shouldn't be dismissing such serious claims which could form the basis of another grievance, although you'd still want to include examples that could be considered racial discrimination to back up the claim that it should be taken seriously.

 

What was the outcome of the grievance? And are you being punished in any way for the other team members poor performance? You haven't really said, as far as I can see, what the affect has been from the other 2 performing poorly. If you could maybe expand on what's directly effecting you then hopefully other members or myself might be able to give some constructive advice.

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My line manager asked me specifically what I thought of her - literally I said I think you are the most nepotistic and manipulative person I have ever met in my life. I gave a frank and honest answer. I was asked what I thought of her and did not use the word bitch is what she has claimed. I am sorry, but if you are asked specifically to give an opinion you have to take it on the chin even if you do not like it. There are 19 incidents in my grievance, this manager has had numerous grievances, bullying, race discrimination etc. But nothing is ever done about this manager.

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I completely agree that you shouldn't ask for someones opinion if you may take offense at what they say...but at the same time, in the real world she doesn't 'have to take it on the chin,' she can make a complaint which is exactly what she has done.

 

Did you have a meeting after the grievance was filed? If they haven't arranged a meeting within 28 days they would be in breach of employment law. You say that she's had numerous grievances filed against her, I presume from various different staff. If that's the case it may well be more effective to make a joint grievance, collating all the evidence and each staff members experience of bullying. This would make it far more difficult for the employer to dismiss the claims as the outcome of the grievance meeting would have to be explained in writing to each member of staff that signed the grievance.

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She can complain, but to make an allegation that I verbally abused is wrong and can be construed as Victimisation as I did state in an email after the informal meeting that was being discrimanted on the grounds of my race. There was of course no witnesses to this, whilst I have 3 witnesses to the way I have been treated as well as formal documents & emails which show favourable treatment and me being treated differently - especially in the application of the flexible working policy which has a clocking in system. I am made to work under this, while my comparator who is not, even though we have the same roles - they have justified this on the grounds that I moved offices, even though my role is the same and my contract terms states I have to work only occassional evenings or weekends. I am now being monitored and being made accountable for my hours whilst my comparator can come and go as he likes. The flexible working policy was discussed when I was sharing an office with this guy and I had no problem with it, being monitored as it was being applied equally and my line manager did not implement it , even though I agreed as this guy does not do his full hours and did not want to make up his hours so my line manager did not want that to be picked up by the clocking in system - I have the emails proving this of course. My line manager has singled me out for this to humiliate me and demean me by clocking in and out work. I know that when an etnic complains of unfair treatment and race discrimination this forum is very dismissive - alot of people need to wake up and smell the coffee...it takes place by very manipulative and devious people. I am an Union rep on Equality and I have no problem when policies are applied fairly, equally and transparently.

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Trust me when I say I'm not naive when it comes to racism in the work place, I've seen it first hand from people I'd least likely expect it from. And I've also seen how dismissive people can be on these forums with all the 'race card' comments. But at the same time from your first post it seemed more like your interpretation of the situation rather than you having hard evidence you were being racially discriminated against. I don't want to give you bad advice based on interpretation rather than evidence because that may just exacerbate the problem.

 

I'd very much suggest doing what I've already suggested and compile a list of grievances in one from all those you say have had problems that have been left unresolved. In your other thread you say that your employers are quite happy to browbeat the staff and just settle when anything goes as far as an employment tribunal (although why they would do this is beyond me since it makes very little financial sense for what appears to be easily resolvable disputes). Raising it like this will make it so much harder for them to ignore and will show unity amongst the staff in forcably getting a resolution.

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