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

      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 
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    • 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
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Time off for antenatal appointments?


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Hi wonder if anyone could offer advice/help? My daughter is 24 weeks pregnant and needs to attend a booked ante natal appointment with her community midwife. However having informed her employer that she had an ante natal appointment and would therefore need to finish work a few hours early she was asked '...do you want to make up the hours another time or take it as unpaid leave?'

I understood that this should be taken as paid leave? I know their is legislation re pregnancy and discrimination within the workplace but have no idea of the details.

Any advice/help will be greatly appreciated. Thank you :-)

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"Pregnant mothers who have made an appointment to receive ante-natal care on the advice of a registered medical practitioner, registered midwife or registered health visitor, have the right (having first obtained the employer's consent) to take time off with pay to keep the appointment. "

 

How far in advance did your daughter let them know?

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"Pregnant mothers who have made an appointment to receive ante-natal care on the advice of a registered medical practitioner, registered midwife or registered health visitor, have the right (having first obtained the employer's consent) to take time off with pay to keep the appointment. "

 

How far in advance did your daughter let them know?

 

Thanks for the above info and your prompt reply. She recieved the appointment end of last week,and informed them today (first time she had been back into work since recieving the appointment.) , the appointment is end of this week. Guess that is not a lot of notice though they are aware of her pregnancy and I would expect them to anticipate appointments for ante natal care and any pregnancy related illness. This btw is a big company (leading supermarket), thus my daughters job could easily be covered for the few hours she is unable to be there.

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Hi,

As a HR Manager, I would say that your daughters employer is being unreasonable.

 

I have attached a great link to the business link web-site page about an employees right to paid time off for ante-natal appointments.

This is a great source of information and answers all questions you have (it is written for the employer so read it from the opposite perspective!).

 

All pregnant employees have the right to paid time off to attend antenatal care appointments. Antenatal care covers not only medical examinations but also, for example, relaxation classes and parentcraft classes.

However, the right to time off only applies if the appointment is advised by a midwife, health visitor or registered medical practitioner (eg a doctor).

Therefore, the employer is entitled to ask for evidence of antenatal appointments - except in the case of the very first appointment.

 

The employer can request that the employee shows:

  • written documentation from a registered medical practitioner, a midwife or a health visitor confirming that she is pregnant
  • an appointment card or some other document showing that an appointment has been made

As I said they appear to be being unreasonable in the circumstances. If they continue your daughter may want to compile a grievance based on being unlawfully discriminated against in the process of asserting a statutory right (asking for time off for an antenatal appointment), she may alternatively just want to 'informally' drop this into a conversation with her Manager or HR Manager!

It may be the case, as it sometimes is in this type of situation that the person who is being difficult with her has no understanding of the employees rights in this situation. I am sure if she went to HR they would advise her properly (I hope it wasn't HR who have mis-lead her originally, if it is then that's a worry!)

 

Please let me know how she gets on!

 

Employees' right to paid time off for antenatal care | Business Link

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Hi,

As a HR Manager, I would say that your daughters employer is being unreasonable.

 

I have attached a great link to the business link web-site page about an employees right to paid time off for ante-natal appointments.

This is a great source of information and answers all questions you have (it is written for the employer so read it from the opposite perspective!).

 

All pregnant employees have the right to paid time off to attend antenatal care appointments. Antenatal care covers not only medical examinations but also, for example, relaxation classes and parentcraft classes.

However, the right to time off only applies if the appointment is advised by a midwife, health visitor or registered medical practitioner (eg a doctor).

Therefore, the employer is entitled to ask for evidence of antenatal appointments - except in the case of the very first appointment.

 

The employer can request that the employee shows:

  • written documentation from a registered medical practitioner, a midwife or a health visitor confirming that she is pregnant
  • an appointment card or some other document showing that an appointment has been made

As I said they appear to be being unreasonable in the circumstances. If they continue your daughter may want to compile a grievance based on being unlawfully discriminated against in the process of asserting a statutory right (asking for time off for an antenatal appointment), she may alternatively just want to 'informally' drop this into a conversation with her Manager or HR Manager!

It may be the case, as it sometimes is in this type of situation that the person who is being difficult with her has no understanding of the employees rights in this situation. I am sure if she went to HR they would advise her properly (I hope it wasn't HR who have mis-lead her originally, if it is then that's a worry!)

 

Please let me know how she gets on!

 

Employees' right to paid time off for antenatal care | Business Link

 

 

Many thanks, excellent advice. I suspect you are correct in your assumption that it was an employee who was responsible for the misinformation, i.e unaware of company policy or current legislation. This is a BIG company whose HR department would be , I expect 'on the ball!'

However, my daughter was worried enough to call me and ask my advice on this, thus it demonstates how naive people are re employment rights. She called me because I'm a midwife and she expected me to know all about maternity rights!!! :eek: Well I know a lot more now than I did a few hours ago. Again, many thanks.

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It is scary that some people don't know about their employment rights but to be honest most people understandably expect their employers to treat them with respect and not abuse their rights, this would be great in an ideal world but is not always the case!

 

I hope it all works out well - please let me know if they don't play ball!

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It is scary that some people don't know about their employment rights but to be honest most people understandably expect their employers to treat them with respect and not abuse their rights, this would be great in an ideal world but is not always the case!

 

I hope it all works out well - please let me know if they don't play ball!

 

 

Will do,although to be honest I cannot see such a big company refusing her the right to attend. In the event that they say its without pay or she has to make her time up another day I shall be straight back on here asap! :-)

 

And yes it is scary that some people do not have any knowledge of their rights, employment or otherwise. I have recently had a bad time with bailiffs, (hence finding this wonderful forum), and I had absolutely no idea what I should do. I am currently recieving excellent advice/help with this.

 

It is a sad reflection on our society that we have to rely on generous people offering help, rather than from the source that initially created the problem. Sorry for the rant.......I hate injustice or discrimination of any type!

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  • 2 weeks later...
It is scary that some people don't know about their employment rights but to be honest most people understandably expect their employers to treat them with respect and not abuse their rights, this would be great in an ideal world but is not always the case!

 

I hope it all works out well - please let me know if they don't play ball!

 

They played ball when my daughter 'advised' her employer re her rights! Thanks for your interest :)

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