Jump to content


  • Tweets

  • Posts

    • Do you have broadband at home? A permanent move to e.g. Sky Glass may not fit with your desire to keep your digibox,, but can you move the items you most want off the digibox? If so, Sky Glass might suit you. You might ask Sky to loan you a “puck” and provide access as an interim measure. another option might be using Sky Go, at least short term, to give you access to some of the Sky programming while awaiting the dish being sorted.
    • £85PCM to sky, what!! why are you paying so much, what did you watch on sky thats not on freeview?  
    • Between yourself and Dave you have produced a very good WS. However if you were to do a harder hitting WS it may be that VCS would be more likely to cancel prior to a hearing. The Contract . VCS [Jake Burgess?] are trying to conflate parking in a car park to driving along a road in order to defend the indefensible. It is well known that "NO Stopping " cannot form a contract as it is prohibitory. VCS know that well as they lose time and again in Court when claiming it is contractual. By mixing up parking with driving they hope to deflect from the fact trying to claim that No Stopping is contractual is tantamount to perjury. No wonder mr Burgess doesn't want to appear in Court. Conflation also disguises the fact that while parking in a car park for a period of time can be interpreted as the acceptance of the contract that is not the case while driving down a road. The Defendant was going to the airport so it is ludicrous to suggest that driving by a No Stopping  sign is tacitly accepting  the  contract -especially as no contract is even being offered. And even if a motorist did not wish to be bound by the so called contract what could they do? Forfeit their flight and still have to stop their car to turn around? Put like that the whole scenario posed by Mr Burgess that the Defendant accepted the contract by driving past the sign is absolutely absurd and indefensible. I certainly would not want to appear in Court defending that statement either. --------------------------------------------------------------------------------------------------------------------------------------------------------- I will do the contract itself later.
    • Yes - ignore. Because of another MET victim today I looked at all our MET cases back to June 2014 ... yes, 10 years. They have never dared take a motorist to court and argue their case before a judge.  They have started the odd court case, but as a means of trying to intimidate the motorist into coughing up, when the motorist defended and refused to give in it was MET who bottled it and discontinued.
    • Unpaid wages should be pretty straightforward if you did the work. Don't be intimidated. You need only show you were due money, and did not get money.   The risk is that they have no money to pay you (and legal fees) - frankly a solicitor maybe be costing them more than your claim is for and I might have expected them to make a commercial decision to settle before this point regardless of the merits of the case.
  • Recommended Topics

  • 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
  • Recommended Topics

Facing disciplinary action for being innocent


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5169 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

  • Replies 128
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Don't get me wrong, he isn't a complete angel. Any patent who says that their kids are angels are lying. But the one thing we've done is tell him to always be honest and tell the truth, no matter what the consequences, even if it means he's gonna get in trouble for it. I've got to give him his due, he's always done that, which is why I would move heaven and earth for him. And as for it getting better, it depends whether you've got boys or girls, coz they switch as they get older lol. Boys start off bad and get better, girls are the opposite :-)

Link to post
Share on other sites

HB maybe head office HR is the way forward then, im just thinking all the allegations etc maybe police intervention there not gonna make the lads employment lovely are they, possibly op could go along the lines of formal apology, staff retraining etc

Link to post
Share on other sites

All we want is his name cleared of everything, but the way I see it is, if they're gonna play dirty, then we've got to have every defence we can. My sons words to the boss when he was asked were "why would I risk losing my job by stealing money".

 

My sons the only one out of his group of friends (there are about 10 of them in the group) that has a job because they're really hard to come across where I live. He also goes to a YMCA training course three days a week to better himself and gets help with that too, so it's not like he even needs the money

Edited by outofsync24
Typo
Link to post
Share on other sites

oos lol whose kids arnt angels, if kids/teens arnt up to no good i dont think its natural, me i got 1 teen girl 1 teen boy and 3 boys under 10, all mine know as well lying is a no no, and taking without asking is my biggest no no, i can see at least one of my kids going into a shop one day adn saying please mr shopkeeper can i have this lol, but getting back business, my OH is a union rep iv learnt sum tricks and facts along the way, and ive got many people ther jobs back at his place of work through inconsistencies and irregularites, that ive come across his company is a nightmare and would sack u if u were lying in a bed dying, we have our own fight going on at the moment with his employment etc so we know what ur going thru

Link to post
Share on other sites

Still think this goes beyond dealing with the low life at the branch level. Would suggest as a bare minimum speaking to Group HR Director, relay the events and tell them you are going to the police. See what response you get, believe me you will have a lot of interested legal companies to take up this. It is really commendable for your son to still want to work there despite this, but they have an awful lot more to lose than you. Or am I just living in a silly little cocoon in my life?

Link to post
Share on other sites

oos youve done everything u can, write everything that was said today b4 the zzzzz's start to slip in convienently there photocopier was "broke" (lame excise if ever i heard one) like u said u want to clear his name, you might find come next week theyl ramble on about allsorts and retract the disaplinary through lack of evidence but u dont want some feeble excuse u want at least a formal written apology, thinking about what u said that this compnay is the 2nd largest restaurant chain in uk, could this particular restaurant be a francise?

Link to post
Share on other sites

It has one main trading name, but operates a lot of restaurants under different names. I thnk I'm going to phone the head office again tomorrow and speak to them. I've already written everything down and have typed them up and printed off enough copies to write a novel, which is more than his workplace has done ;-)

Link to post
Share on other sites

Is your son aware that he has a statutory right to be accompanied at the disciplinary hearing by a work colleague or union rep?

 

It's a puzzler that, although she knows that your son was searched repeatedly on the day the money went missing and nothing was found, the person who'll make the decision after the hearing still seems to have the attitude that he's guilty.

 

If the only basis for this belief is the fact that he went to the loo a few times the employer is on pretty shaky ground. Especially if they are aware that his disability makes frequent loo visits necessary.

It's very important that, at the disciplinary hearing, your son should state that his disability is the reason for his frequent loo visits and make sure that this is written into the minutes.

Your son is very lucky to have you in his corner gathering all this information to assist him.

But, you might want to consider being a little cautious at this time.

He should receive copies of all the information/witness statements before the disciplinary hearing.

You'll have a much better idea of what you're dealing with then.

Such meetings can be very stressful so people don't always remember everything that they wished to say.

You could help your son to prepare everything in writing so that he can hand in a copy at the disciplinary and say that he wants it entered into the minutes.

(Or, as would be the case if it was my son,

Son: Mu-u-m, you know you love me?

to which the proper response is..

Me: What do you want?

wraps Mum in hug and rests chin on head..

Son: You'll do it for me won't ya Mum? )

 

If they were to dismiss him, the main difficulty is that he has less than a year's employment and therefore couldn't make an ordinary unfair dismissal claim which would require his employer not to prove his guilt but to show that they felt that they had grounds to hold a 'reasonable belief' in his guilt.

 

The only way that he could bring a claim with less than a year's service is if he can show that his dismissal was on grounds connected with his disability.

 

 

Also, because he has less than a year's service, they can terminate his employment at any time by just giving him a weeks notice (unless he has a contractual right to a longer notice period) and they don't have to give any reason at all.

The reason that I suggest caution is that if you or your son go ahead with all guns blazing with the HR department they'll see the danger signs and instruct the person dealing with the disciplinary to cancel that process and simply terminate him.

It would probably be best to save your ammunition for the disciplinary

 

Link to post
Share on other sites

We both appreciate all of the help and advice you've all given to us. Let's just hope that things work out for the best. I didn't call the HT dept, just going to keep my cards close to my chest, so to speak

Link to post
Share on other sites

117 posts... As 'honeybee13' said... I have not seen such a case build up in so little time...

 

Despite the fact that your son has less than a year employment, you still should write a letter to the HR Director, detailing the incidents which have occured at the branch.

 

They are, obviously, in breach of a few policies, rules and regulations... I believe an intensely worded letter should trigger an investigation, to say the least...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

Link to post
Share on other sites

big red bus i agree, show them that ur serious i think if u leave it till discaplinary youve lost a bit of the upper hand in respect, wheras a HD office investigation might put halt to everything but saying that u would need all the paperwork they have, to highlight what they have done to him

Link to post
Share on other sites

They said they were going to post it to him, so I told them that they would have to send it by, at the very least, recorded delivery so it can be tracked, to which she agreed. I also explained that we are away for a long weekend, so I would get it redelivered to me at my work, so it would be at least Wednesday, because of the bank holidays, until I received it. Once we've got the statements, we'll be able to see more what they're basing their findings on.

Link to post
Share on other sites

Well, I hope you all have a great long weekend and come back feeling refreshed. Don't count on the letter being there when you get back though. A fair number of people on the forum haven't received paperwork when they should have done. But if the employer does that, they just make themselves look worse, which may help you.

 

Go away and forget about them.

 

HB x

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

That's why I requested at least recorded delivery. I work at the post office, so there's no way I don't know the rules on post going missing and such lol. We plan to relax for the weekend and thx for the best wishes. I will keep you all up to date when I get back, as unfortunately, there's no Internet or 3G where we're staying. Thankyou everyone x

Link to post
Share on other sites

We're back!!! We had a nice break and we've just had a phonecall from my sons manager inviting him back to work, because after further investigations, they've found that they have no basis for their accusations so the disciplinary had been cancelled. Woohoo!!! Thankyou all so much for all of your help and advice xx

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...