Jump to content
  • Tweets

  • Posts

    • Thank you all for your replies  I am obviuously over thinking things best to continue to ignore  onlymeagain  
    • As advised statute barred debts are dead...if your alive or dead......so are CCJs that are over  6 years old and have never been executed or secured against property by way of a charging order.......no matter how much your estate is worth.
    • I booked several rooms with FABHOTELS.COM - I have made sure the rooms were cancellable    due to the condition in India regarding Covid becoming very bad I cancelled the rooms and my visit to India and will not be travelling for the foreseeable future, I then checked my account and they have stated there can be no refund back to my card but I have to accept their room credits to the value of £478 valid for 12 months when they will then expire if I do not use them by that date,   I have contacted them on several telephone numbers and via email, they have refused to issue a refund : stating it is their policy to issue only rooms credits and these will expire in 12 months, they have advised they have the right to do this under the contract and under Indian law,   I have raised a SEC 75 claim, via the credit card company however they have not advised what the above means and stated it will take 11 weeks for a response,   I am concerned that a refund has been provided and the cancellation has been approved as such as a refundable cancellation, albeit they have stated no refund to the credit card can be made. I have sent the following to them and their response has been - we are unable to assist further - I have now concern how they can do this when the law does not allow this to be possible? The issue that I have experienced was:   Disgraceful behaviour by Fab hotels in holding cancelled bookings in an expiring account when cancelled fully - NO REFUND ISSUED? Please can you refund the full amount to my credit card as due to the Covid restrictions there is no guarantee I will be in India in next twenty four months I await your refund back to my with the Credit card Company as I am not able to use the Credits expiring in 12 Months, I have been in touch with the credit card Company and they have confirmed they will be looking to FabHotels to refund back to the Original card as part of the Sec 75 Laws where a cancellation has been made and the payment has to be refunded back to the Original payment card. I have not been able to confirm I will be using the credits and therefore in order to safeguard my funds these needs to be back into my, If this is not accepted then I reserve the right to take the matter further for a investigation and chargeback as I have not authorised the payment and the reservations have been cancelled. Please can this be escalated to a senior manager and a refund issued back to the Visa card. If this is the Customer experience I have to endure then I will make it quite clear that this i not acceptable that you take money and put it into a expiring account and then ask me to contact you to get the extension,   this is not customer service, I am deeply distressed by your action as there are no other Booking agents who are doing this to their customers, especially considering the hotels have been accepted as cancelled and a refund issued but held in expiring account.
    • That's logical and correct DX,  and how I understood it to work if they can't pursue the debtor  for the debt whilst they are alive, it can't be resurrected and charged against the estate or demanded personally from executors who knew diddly about that SB debt..
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
leeiom

Redundancy Process Urgent Assistance Required

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3638 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Evenin' all,

 

I really could use some urgent expert advice if anyone can help.

 

My partner has been selected for redundancy and we feel she may have a case to appeal when the time comes.

 

She has been selected via Matrix review, and i read "somewhere" that employees at risk should be provided a copy of the matrix prior to selections being made, to give the employee's an idea as to what they are being reviewed against.

 

Could someone please let me know if this is correct, and if so do you have any reference that could be quoted should the need arise.

 

Unfortunatly she has her "stage 5" meeting tomorrow afternoon, its a bit last minute but for the life of me i cant find it.

 

Any help would be appreciated.

Share this post


Link to post
Share on other sites

Any scoring process should be transparent and not open to subjective interpretation. Although there is no obligation to issue the results of scoring automatically, it must be produced on demand (although there is no right to see the scores of others due to potential DPA issues) and the employer should be able to explain the scoring system and how an outcome was arrived at.

 

There is precedence in the case of E-Zec Medical Transport Service Limited v Gregory which may be useful to you, wherby a flawed scoring system rendered the dismissal unfair. The law requires that the redundancy process is handled reasonably and candidates selected fairly based on evenly applied criteria. Ideally the scoring system to be used should be agreed with the at risk employees at an early stage in the consultation process and an explanation provided of how individuals scored. Failure to do this may result in allegations of unfairness.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

Hi Sidewinder

 

Many thanks for the prompt reply, unfortunatly the site was down for me last night so couldnt get on to reply earlier.

 

The example you gave of E-Zec Medical Transport Service Limited v Gregory was very interesting, and there are many similarities between the two, some of which i didn't think of until reading the case notes.

 

one thing i did pick up on is the wording in the case that the lady was invited to "consultation" meeting's the final of which had a pre-prepared termination of employment letter.

 

This is very similar to my partner and all her meetings are classified as "formal consultation meetings" which will ultimately result in a letter of termination.

What is the relevance to this as I assume the wording "consultation" is more an informal type meeting as opposed to what is actually happening at the time.

 

Many thanks for everyones assistance with this it is appreciated.

 

EDIT: I have noted some of the other threads regarding redundancy here suggest contacting ACAS, does this help under this circumstance?

Share this post


Link to post
Share on other sites

Hi Leeiom, Went through the same thing myself last year as regards the MATRIX system, if your partner is a member of a trade union she should get them involved, i was not, but she should be able to take a work partner to the consultation meetings, and do contact ACAS for advice they are very helpful. I eventually got in contact with a local unemployment voluntary help group, and i wish i had got them involved sooner, they managed to secure an out of court settlement for me, but they told me the outcome would have been a lot different if i had contacted them sooner, hope this helps.

Share this post


Link to post
Share on other sites

ACAS can be incredibly useful - and free - and it never does any harm to phone them on 08457 47 47 47.

 

The thing is with consultation meetings is that they are designed to explore every opportunity for the at risk employees to remain in employment, and to understand why the prospect oif redundancy exists. It should therefore be a completely open forum for those affected to ask questions and propose alternatives - maybe the employer is unaware that some staff were looking to reduce working hours, or have hitherto unknown talents in an area which could be of use in another department perhaps. It should also be the environment for the employer to explain how, if there is no alternative (voluntary redundancy, alternative position) to making the position redundant, the unlucky candidates will be selected. A scoring system is the easiest, and most just means of doing this, but the criteria on which employees are scored must be fair, and SHOULD be explained in full beforehand. The factors to be used should be those which can be easily measured (absence record, length of service, skills, qualifications etc) and not those which may rely on an individual's opinion of one candidate over another.

 

Redundancy is a dimissal, and consequently should be handled properly in order to not leave the employer open to an allegation of unfair dismissal. Adequate consultation (there is no difference between formal and informal - if they are a part of a discussion over whether you are to stay or go them they are of equal importance), with the opportunity to be accompanied, full understanding of the reason for redundancies being made, the process and timescales involved, written confirmation of what was discussed, and honest open answers to direct questions (why me?, why now? why not the admin/IT/sales department? for example) are necessary to demonstrate this BEFORE any final decision is made.

 

Therefore, in the situation where an employer hands a letter to an employee advising of redundancy before the consultation is concluded, or there is no meaningful consultation at all, or where the employer cannot (or will not) explain the criteria on which the decision is made, this will almost certainly lead to allegations of unfair dismissal. That isn't to say that the employer is actually guilty of the allegation, but it may well cause an awful lot of aggravation if they had to explain themselves to a Tribunal. Naturally if it is clear that there was no alternative to redundancy (business closing, department outsourcing to India etc) then they may be justified in not holding consultation, shortening the process or just leaving out the finer points. There is no 'one size fits all approach'.

 

Having been through the process on both sides of the fence so to speak, I can sympathise with your position fully, and cannot stress enough that you should think of as many questions as are necessary in order to satisfy you that the redundancy is justified and the selection process fair. If you cannot be assured of this, or know that there was a viable alternative, or indeed that one candidate lesser qualified to remain (bearing in mind all of the scoring criteria) was not selected for redundancy, then you should investigate whether action is warranted. Remember that it is the job that is redundant, not the individual, so personality should not be a factor.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...