Jump to content


  • Tweets

  • Posts

    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
  • 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

TUPE question


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5125 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

Hi

I have searched the internet but not been able to find an answer to this question.

I am in the process of being tuped and have been told during consultation that all agreements will be transferred over to my new company apart from staff discounts. As I work for a retail company, this will be a loss to me.

Is there anything in Tupe law stating that staff discounts can also be transferred?

 

Thanks

Link to post
Share on other sites

are the staff discounts written into your employment contract ? If they are then yes they should be transfered too with tupe it is the contract that passes to the new employer

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

has your employer instructed an employment solicitor to act on your behalf?

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thanks for your reply.

Yes my contract does state that I am entitled to staff discount. The only thing is that the contract is a few years old so the discount was showing as 25% but is now 40%.

No they have not instructed anyone to act on my behalf.

I've only had consultation my current HR and future employer's HR.

Link to post
Share on other sites

Hi

I have searched the internet but not been able to find an answer to this question.

I am in the process of being tuped and have been told during consultation that all agreements will be transferred over to my new company apart from staff discounts. As I work for a retail company, this will be a loss to me.

Is there anything in Tupe law stating that staff discounts can also be transferred?

 

Thanks

 

Something you can do is ask your present employer to explain the reason(s) behind their statement.

 

And, check to see if the transferee (your new employer) offers such a scheme to their present employees...

---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

This may help you if there is anything you are not sure about you can give them a call I used them a couple of years ago then the company I worked for was TUPE'd and found them very helpful.

 

Acas - Search

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

They also have a wide range of publications and guidance on your rights at work, many of which are free (I'm a union rep and I've just sent for a load of their free publications).

 

TUPE is a very complicated area, but as far as I'm aware, under the TUPE regulations the terms and conditions you're being transferred to can't be any worse than the terms and conditions you're transferring from, so if you existing contract says you get a staff discount of X%, your new employer has to honour that commitment. That's if you're simply transferring on your existing contract though. If you sign a new contract with the new employer, it's as though you're a new employee with a new employer though, and any terms and conditions in the new contract are the terms and conditions you're agreeing to with the new employer. If the new employer's asking you to sign a new contract, or you're considering signing a new contract with the new employer, you need to get advice from a specialist in employment rights.

 

Where work some staff are in a similar position. My public sector employer's currently privatising some services, and we're negotiating TUPE arrangements for staff who are going to be affected. TUPE covers them if they're tranferring on their existing contracts, and the new employer has to stick to the terms and conditions in their existing contracts, but if they sign a new contract with the new employer they're at the mercy of the new employer (who's trying to 'bribe' some employees with incentives to sign one of their contracts, but what they don't realise unless they've sought advice for example, is that whereas their current contract specifies they can asked to work at any of the employer's locations within the local area, new contracts with the new employer have a similar clause, but as they're a national company, if they sign a new contract they could be asked to work anywhere in the country.

 

If you're considering signing/or being asked to sign a new contract with the new employer, seek advice before you do anything.

Link to post
Share on other sites

If the new employer's asking you to sign a new contract, or you're considering signing a new contract with the new employer, you need to get advice from a specialist in employment rights.

 

Exactly which is why I said about them putting an employment solicitor in place.

 

I had this problem where I live in Portsmouth and my employer paid the travelling costs to London.

 

When another contractor took over the government contract I was expected to pay those costs.

 

PF

  • Haha 1

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

if you are asked to sign another contract it needs to be inspected by a professional in employment law to satisfy yourself that there are no major changes to the original and indeed it does not give the new employer scope to change it this should be paid for by your new employer PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

if you currently have a contract then yes it has to be transfered if the new employer wants to change it that has to be done with your agreement and that is why professional help must be got your current contract is protect under TUPE law

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

So in theory I may or may not be given a new contract with the new employer?

 

It depends on the (new) employer. Where I work staff are transferring on their current contracts with TUPE protection, but some of our union branch officials have visited staff at another location, where the company that's going to be taking on some of our staff employ staff transferred from another local authority.

 

One of the company's "tricks" to get staff on the terms and conditions they want after the transfer is to offer incentives for them to sign one of their contracts, for example, a substantial pay rise if they sign one of the company's contracts. At the time of the transfer the old employer provided access to advice for those who weren't union members, which of course was to transfer on their current contract with TUPE protection. If, at a later date though, after the transfer they sign a new contract with the new employer though, they lose the protection of TUPE.

Link to post
Share on other sites

  • 2 weeks later...

Thanks

I have now found out that the new company does not offer Child Care Vouchers. So basically I will be losing out on approx £76 a month.

Do I have any rights on this? Can they compensate me by paying me an extra?

Link to post
Share on other sites

Kopper on view of what you have just said you really do need to seek professional legal advice.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...