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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
        • Like
      • 49 replies

urgent info needed by the morning pls


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hiya HB yea im feeling better, got to be really lol thanks for asking well i have said to raise a grievance especially if fun and games are carrying on, hes been trying to get representation as well yesterday and today and one person he asked is on a late shift the night before so unless work change his shift he cant go in with him the othere thing that he was colelred for todady was he was talking about the disaplinary (trying to get help) and the supervisor has had a go at him saying you are not allowed to talk about it upstairs(office ) is going bananas surely u can discuss it theres no investigation going on that could jeopdise Oh postion

 

HI WAKERS7,

WHAT I WANT TO KNOW IS DOES ANY WORK ACTUALLY GET DONE THERE, WITH ALL THIS UNNECESSARY HASSLE.

HAVE YOU BEEN ON THE ACAS WEBSITE YET TEL; 08457 47 47 47 WWW.acas.co.uk there are all sorts on there, and they offer all sorts of help, ALSO AS I AM A STRAIGHT TALKING PERSON, I WOULD GO TO THE TOP PERSON, AND ASK THEM OUTRIGHT WHAT THIS IS ALL ABOUT. HOPE THIS HELPS AND SORRY TO HEAR YOU ARE STILL HAVING PROBLEMS, AND HOPE YOU TOO ARE FEELING MUCH BETTER, YOU CAN REALLY DO WITHOUT THIS CAN'T YOU.

GOD BLESS YOU T.Q.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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Hello TQ. Forgive me for asking please, but did you know that writing in capitals is shouting? Not everyone responds well to that, although I'm sure you mean well.

 

Btw my last post mentions ACAS.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello TQ. Forgive me for asking please, but did you know that writing in capitals is shouting? Not everyone responds well to that, although I'm sure you mean well.

 

Btw my last post mentions ACAS.

 

My best, HB

 

hi, what is shouting??

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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Sorry? HB

 

hi hunnyb, not sure what shouting is, but whatever it is, if it is offensive or something i will not write in capitals again,

not that computer literate, but get by, just. t.q. thank you for telling me.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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Hello there. Shouting by computer or email is the same as shouting in everyday life, as I understand it.

 

Sorry about interrupting your thread, thewakers, hope you're OK.

 

HB x

Illegitimi non carborundum

 

 

 

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oh! well i will know in future thanks honeyb, sorry wakers7, honeyb just trying to help me, i have learnt something new today. t.q.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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hiya hb and t.q yes we spoke to acas and basically told us what u guys had already said about the facts etc so gonna do a grievance, a feew months back when i was severely depressed OH asked to do flexi time ie mon - fri and it was dismissed b4 it even went in, way and behold now there is a position avaialble, for exactly that, they type of company it is this position has been man made and for somone, in particular, Oh has applied for many jobs very capable of doing them all with all the right experience, so thats another problem always being passed over, i also recall a couple of years back of some secret handshake promotions being done causing a big big stir with certain employees, i htink u might get my drift when i say funny handshakes

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hiya hb and t.q yes we spoke to acas and basically told us what u guys had already said

 

 

about the facts etc so gonna do a grievance, a feew months back when i was severely depressed OH asked to do flexi time ie mon - fri and it was dismissed b4 it even went in, way and behold now there is a position avaialble, for exactly that, they type of company it is this position has been man made and for somone, in particular, Oh has applied for many jobs very capable of doing them all with all the right experience, so thats another problem always being passed over, i also recall a couple of years back of some secret handshake promotions being done causing a big big stir with certain employees, i htink u might get my drift when i say funny handshakes

 

 

hi wakers7, first i would just like to say to you, i am so sorry you have been ill, depression, and everything, and i want to sat this to you, i give to my love, i want you to feel better, and please take my love to you, do not get depressed anymore,

do not let anyone or anything get you down anymore, i could already see what was happening at your o/h works,

it is unfortunately the way the real world works, back handers, deceit, corruption, but if you can stay truthful, nothing on this external world cannot touch you, cannot come in, and truth, truth always always wins, and lies and deceit always

always come back on people, they think they are clever, but they are not, believe me i know.

good luck with it all, and god bless you, your o/h, and all your family, and i am still your friend.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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thanks t.q and hb your love and support is second to non, it means a great deal i will update 2morrow when hearing is over we seem to have enuff ammo to fire back sick notes diary of events phone calls voicemails as they say forewarned is definately forearmed

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hi honeybee13, i notice we do seem to follow one another around, maybe we like the threads we see, and can help in

that particular area, and i also note we do agree on many things, so that is good too, at least we are all going in the

same direction, and thanks for your help too on that shouting thing when i typed in capitals, i do not do it anymore,

as i do not want to offend anyone, god bless t.q.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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Hi tq. I didn't mean to be bossy, I was just fortunate enough to be taught a small amount of email etiquette on a course once.

 

HB

 

hi hb,

no you are not bossy at all, and i did not take it that way, i am so glad you told me, i got called toastie the other day on a post, loving it, lol xxx.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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hi everyone update, Oh went in for disaplinary, basically they were going in for the dismissal had a recess after 10 mins, went back in Oh put side across etc etc, then manager(not original one) started off saying whats that uve got there that yellow thing husband said its a sick note off the hospital that my wife was given, then had another recess, basically came back in and said that they had upheld the decision of unauthourised leave, BUT because we had a sick note to prove was in hospital they were gonna give a 9 month written warning instead yes were happy he didnt lose his job but can appeal the desicision,(but could make it worse) basically they didnt believe I was ill, and they thought he was taking the p*** by having 3 weeks off sick then in for half a day then back off with me etc etc, hes applied for another job that is going there less money but doesnt involve workin weekends, head of HR has told him to go to her if could forsee any further problems and not to the manager that caused all of this, in my opinion if he gets the job hes out of certain politics going on and also away from certain people that have been causing trouoble, minor tiny victory but with a sting in the tail many thanks again for al your wordds of spport and encouragement many thanks tw7

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hi everyone update, Oh went in for disaplinary, basically they were going in for the dismissal had a recess after 10 mins, went back in Oh put side across etc etc, then manager(not original one) started off saying whats that uve got there that yellow thing husband said its a sick note off the hospital that my wife was given, then had another recess, basically came back in and said that they had upheld the decision of unauthourised leave, BUT because we had a sick note to prove was in hospital they were gonna give a 9 month written warning instead yes were happy he didnt lose his job but can appeal the desicision,(but could make it worse) basically they didnt believe I was ill, and they thought he was taking the p*** by having 3 weeks off sick then in for half a day then back off with me etc etc, hes applied for another job that is going there less money but doesnt involve workin weekends, head of HR has told him to go to her if could forsee any further problems and not to the manager that caused all of this, in my opinion if he gets the job hes out of certain politics going on and also away from certain people that have been causing trouoble, minor tiny victory but with a sting in the tail many thanks again for al your wordds of spport and encouragement many thanks tw7

 

hi waker7,

thank you so much for coming back and letting us all know how you went on.

the same thing exactly happened to my o/h, he suffers with migraine, and was off, then off again, and because it was two days off together, when i rang up, they did not believe and even put it on their sheet the comments that it seemed odd,

however, since he was then signed on the sick, and we sent a sick not in, suddenly they believed it,

it is disgraceful how everyone is branded the same, we are honest, truthful people and brought up to be so,

and unfortunately you get branded with the rest who are not, and it gets that non-one believes anyone anymore,

i do understand completely, and the sooner your o/h can get another job maybe it would be so much better, that is providing that are not like these employers, glad anyway things did not turn out as bad as you thought. totiesquoties.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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Have I missed somerthing in this?

You said in your post of 3rd August that your OH was a union rep, but you have not at any point mentioned approaching the union for any assistance, nor has anyone else suggested this. Can he not get any help from his union?

There is specific legislation relating to the disciplining of union reps by employers, esepcially if there may be any link to their genuine union activities.

As a union rep I would be appaled if my union did not support any of its memebers, let alone its reps, who had these sort of problems.

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hiya yes hes a union rep im intruiged now whats the legislation?? he couldnt get hold of anyone to represent him from the union, he ended up taking a fellow employee in with him, he asked another union rep, but he was on lates the night b4 and the company would not change his shift (timing he had to be out of work fr so many hours) hmmm very interested here now

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just found this:-

 

"Where disciplinary action is being considered against an employee who is a trade union representative the normal disciplinary procedure should be followed. Depending on the circumstances, however, it is advisable to discuss the matter at an early stage with an official employed by the union, after obtaining the employee’s agreement"

 

is this why on Oh disaplinary letter said cc (name of head union boss for our area) OH has not been asked for authority to send this person anything or not given consent, this is very interesting

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Hi tw7. I'm pleased you have some sort of resolution to this and at least a breathing space.

 

I think I did notice that your OH is a union rep, although a lot has happened since you first came along. I guess I sort of assumed he would ask them. I certainly think he should contact someone who works for the union and not for the same company, as Elmo says.

 

HB x

Illegitimi non carborundum

 

 

 

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I'm very surprised that no one from the union would accompany or represent him. My experience is when union reps are in situations such as this, it is very common for a senior union rep to be sent. One reason is to ensure that the employer is not using the matter as a way to start pushing the union around or to try & show that the union is powerless. Its always best to have another rep present.

 

The employer wouldn't need your OH's permission to advise the union that there was a disciplinary matter involving a union rep. - they would probably need permission to divulge anything more than this, but would expect that the rep had asked for assistance from the union & had already told them everything.

Playing devil's avocate:

I still find it extremely difficult to beleive that a union is not supporting one of its reps. Has you OH actually asked them for help? And in your post of 3rd August, you also said you were going to "come clean" - to me this means that either the truth hasn't been told or a relevant part of the story hasn't been told. Is there anything else that may be relevant as people can only give advice based on what you say & if there is something missing, the advice may not be of any use or may be counter productive.

Being very blunt it means that people who are trying to help are actually wasting their time.

 

Quite simply if I was in your OH's position I would immediately contact he union for assistance & if I got no joy would go to the highest level & ask for a written explanation as to why I was being "thrown to the wolves". Situations like this not only harm the indivdual but also hamper TU reps in any future actions they may take on behalf of their memebers.

Edited by Elmo South
Poor spelling!!
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thats great elmo, i mentioned the come clean because we just needed clarification to some of the stuff he new already, didnt want him to come across as a rep that didnt no much he knew the legislations but didnt no how far he could run with it, i.e basically one manager can decide what they feel is reasonable time off hes great at knowing a lot of stuff but the dependents leave is very grey and also with his head spinning and it was himself in the firing line with no external help whatsoever he didint no where to go or get advice, he did want the big rep from the area but was unavailable, OH opinion is he just wanted it over and doen with and nothing more hes done so much for other people in saving there jobs on far far more problems to me a final written warning is gross misconduct i wouldnt have thought that not agreeing with 3 days is suffiecient in this case, and i also thought final writtens had a 12 month clause in it not 9 that states

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hiya peeps another update OH went and applied for another job withing the company better hours(sort of ) and quite a big pay drop - but it suited our family life and would take the drop in wages if anything OH is maybe a tad overqualified and the position was no more than a gloried office juniors job(no disrespect) we ahd the usual letter today stating unfortunately blah blah he had not been suceesfull bearing in mind OH had asked to do these hours a few months back in his current position inline with flexi-time but was flatly refused as it would cost too much money to the company, it stated on the letter if he wanted feedback he should ring (joe bloggs) joe bloggs being the one who set up the disapline in the first place over not autherising the other 4 days dependent leave, .... so Oh rang for feedback and was told the reason for not getting an interview for said office junior job was because of his written warning for said unautherised absence for dependants leave, now i rang acas today and they have put me straight on appealing decision for the written warning and states also that we could take employers to an employment tribunal because he shouldnt be disqualified against for taking his right to dependants leave well they said it shouldnt be to his detriment.

 

now i understand that employers might look upon an employees personal file and see a written warning as opposed to an individual whom has not, now im not disputing acas's fine information but just wanted ur feedbak really if anyone has any input??? many thanks

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