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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi,

 

I have a problem at work which if anyone has any tips to give me i would be grateful.

 

I recently applied for an internal position in a new store which i didnt get. A week ago i had an operation which relates to an accident at work that i had earlier on in the year. I only found out i was not offered the position after i hassled management for three weeks for an answer. Everyone else who applied was told within three days!

 

I have worked for this company a major high street fashion retailer for over 6 years and have never been given an appraisal and i thought i had an unblemished record. However I have forced the manager to advise me on the contents of my personal file and she revealed one manager has updated it with adverse information which then was used as part of the process to deny me a job in the new store. Never in all the years that i have worked there has any member of staff ever had accasion to speak to me about any wrongdoing. The manager has acknowledged that they are in the wrong updating and using that information and also that i have had no apprasial for 6 years giving my no chance to defend my self or receive feedback.

 

I am currently off recovering from my operation at the moment under a doctors note which they have received. This did not stop the manager ringing me on Friday and attacking me down the phone for an hour accusing me of all sorts because i threatened to raise a grevience about my treatment as i feel i have been treated badly, and differently to everyone else.

 

I now feel that my position is untenable and that i will subjected to more bullying and differential treatment when I return to work.

Have they broken any employment laws in any way with regard to updating files with adverse info without telling me, or no appraisals for 6 years, or indeed harrasment of me by phone when i am off under a drs note?

 

I am happy to fight them if they have !!

 

thx

 

Willow x

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Hello there. I'm sorry you're having a tough time. I think they've done plenty of things wrong and I see another cagger is hovering. Sorry if we duplicate information, but at least it'll show we agree! :)

 

You had an accident at work which resulted in an injury. Was anything done 'by the book about the accident', as in was it reported for a start? Will there be any lasting effects on you after the op? I mean over 12 months, to come under the DDA [Disablity Discrimination Act].

 

They haven't followed ideal practices and I'm sure other caggers will comment on the management side of it.

 

Ringing you while you're off sick is very bad practice. And threatening you for raising a grievance isn't on either. You can't be disciplined or badly treated for filing a grievance. Have you done this verbally or in writing?

 

I'm not sure about the ins and outs of updating your file, but it sounds wrong to me.

 

For now, look out a copy of your employment contract for us [i hope it's at home] and start writing out everything that's happened, in date order. You may need to use it later for your grievance.

 

Does that help a bit?

 

HB

Edited by honeybee13
typos.

Illegitimi non carborundum

 

 

 

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Hi Honey Bee,

 

Thx for that. My fall was put straight into the accident book. i have also put in a legal claim for compensation. Fairly sure that some of this is some kind of payback. Hard to prove though. There should be no long lasting complications from the accident.

 

company terms and conditions are now all online. So I will have to do some research in a bit!

Not filed grevience as yet, just through it into the conversation!

 

Willow x

Edited by willow1261
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'Thx for that. My fall was put straight into the accident book. i have also put in a legal claim for compensation. Fairly sure that some of this is some kind of payback. Hard to prove though. There should be no long lasting complications from the accident.'

 

We've seen this before from employers, seems very sad to me when they caused the problem in the first place.

 

I'll PM you a link.

 

HB x

 

PS while you're amassing information, be sure to squirrel away anything they've put in writing, if you have it. Include emails, although I can see you may not have those at home.

Edited by honeybee13
PS.

Illegitimi non carborundum

 

 

 

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Have been onto ACAS today and they have advised me that if other part timers were having appraisals every year ( which they were) then i have been discriminated against as they have not done the same for me.

 

Also there are possibly Data protection issues as well as they have updated my file adversley and used the infomation against me without my knowledge. You can be called at home by work if you are off sick unless you are off with stress, but you should be spoken to in an appropiate manner.

 

Its looking like i might have a case.

 

Willow x

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Good for you willow. If you haven't already, write down notes of that conversation last week, because it certainly wasn't appropriate, was it?

 

What are you going to do next?

 

HB

Illegitimi non carborundum

 

 

 

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Excellent, get all the facts first. My only comment would be that if you haven't raised a grievance first, it might go against you at an ET. I know not everyone on the forum agrees with this, but some people think it's the best way to proceed. Grievance, then ET if not happy with the result.

 

There's always the chance that if you raised a grievance they might back down, although their past behaviour doesn't indicate they are like that. However, receiving the ET papers seems to have an interesting effect.

 

Please keep us posted.

 

HB x

Illegitimi non carborundum

 

 

 

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Guest Mrs Hobbit

Definitely raise a grievance complaint, this then shows that you are following the correct guidelines in dispute resolution.

 

You most certainly should have an annual appraisal at least. We used to conduct 1 to 1's monthly, everything was documented and any problems raised and sorted with an action plan signed by myself and the employee. These 1 to 1's also identuified any training courses needed or ones the employee would like to undertake.

 

Your manager should not have rung you at and raised the issue of the proposed grievance. This is s definite no no. Your manager can ring you at home if you are at home on sick leave. I would also be asking in writing to view your personnel file on your return to work. i woud also check with the ICO regrding the incorrect information on this file. The cmapany does have an obligation to make sure everything on your file is correct and you are aware of the contents. you should have an individual employment contract, not a generic on line one. A copyu oif your employment contract should be on your personnel file.

 

I am glad that there will be no ongoing effects from your surgery and that your recovery is uneventful.

 

As Honeybee suggests, please keep us updated.

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i have a free half hour consultation with a solicitor who deals exclusively with employment law on friday. i will have more info then and relay it back. it might also be useful for someone else.

 

willow x

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