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    • Hi everyone. We purchased a new bed from dreams 26/12/2017 which was delivered 01/02/2018.  We also purchased their delivery, assembly, take the old one away, tv, mattress, mattress protector, pillows and their 'bed cover' 8 years extended warranty.  We paid by 30 monthly interest free instalments and so just made the final payment.   It is a heavy duty king size lift up storage bed with a built in tv at the end.  It has always been a struggle to lift, my wife cannot do it on her own and it rarely stays up by itself.   At the beginning of this year, we noticed it had started to dip considerably in the middle.  Not the mattress, but the wooden base the mattress is on.  So on 09/02/2020 I emailed them about the issue.  They started by saying the mattress is not covered only the base, until I pointed out it is the base at fault not the mattress.  So they sent out Homeserve on the 25/02/2020 to come and repair.  He did what he called a temporary repair, said that the bed had failed due to a manufacturing or design fault (the metal bolts holding the wooden base to the lift up supports have pulled out of the wood) and that dreams would be in touch to arrange a replacement.  His temporary repair barely lasted a day, the bed was still dipping and he took plenty of photos for himself but seemed in a mad rush to leave.   Of course they didn't contact us, so on 30/03/2020 I emailed them back.  01/04/2020 they emailed back confirming in writing that it is a manufacturing fault and their sales team would contact me, however as expected due to Covid-19 this may take a while.   30/06/2020 I asked for an update.  03/07/2020 they replied saying their claims department would contact me within 5 working days.  They didn't. 15/07/2020 I emailed back asking them to escalate my complaint as well as providing a refund and compensation as we are now struggling to sleep and experiencing back ache due to the bed's extreme dipping, plus I am worried about the mattress getting damaged. 23/07/2020 They replied saying we are not entitled to a refund as it is a guarantee claim and they have passed it once again this time to their guarantee company to contact us. I have still not heard back.   This is now getting beyond a joke and I wanted some guidance on how I should proceed.  We are struggling to sleep in the bed and cannot now even open the bed to access our belongings inside as as soon as you try and lift you hear the sound of breaking wood.   Many thanks  
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    • 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.
       
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      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
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      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.
       
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      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,
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      Thanks for reading 
      • 16 replies
reemism

Disciplinary Action, Breaching Contract.

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Hi, could someone please give me some advice as i am a bit confused about a contract and working hours.I work part time and have signed a contract of employment stating that i work 20 hours per week .My question is when is the contract in use and when is it not? When i am doing those working hours i.e 9-2 if i "clock off" at 2 pm am i still under that contract even though i have finished my working day.When is the contract in effect only during working hours??I'm sorry but i am a bit confused ??

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The contract relates to the mutual obligations during the hours specified. If the requirement is for you to attend work between 9am and 2pm then you are under contract for those hours only. HOWEVER, certain actions which take place outside of working hours may be deemed a fundamental breach of trust (eg Gross Misconduct) even when they occur outside of working hours. Examples could be an assault against a colleague which may cause disharmony in the workplace, certain criminal activities which may affect your ability to do the job (driving, working with vulnerable people) or be likely to bring the company into disrepute.

 

A contract may refer to specific standards of behaviour in the workplace, but it may also involve certain expectations outside of work. Not wearing a uniform outside of working hours would be an obvious one for which you were only under contract whilst in the workplace, however being arrested and charged for lewd behaviour and causing adverse publicity for the company might be deemed to make it impossible for continued employment.

 

No easy answer - it depends. A little more of a clue into the circumstances might make it easier to give an opinion.


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Hi, thanks for the swift reply. The Breach if Contract is to do with staff searches and my refusal! i was on the premises leaving via staff entrance but the search was conducted after my Clocking off!! This is were i'm confused if i am still under the terms of the contract should i not then be paid, just need some clearance on the matter before i decide what to do,Thanks..

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The employer will no doubt have a search policy which should clarify the circumstances under which you may be searched, but I know from my own experience that the small print requires me to accept a search at any times whilst on the premises. Searches can be undertaken after I have signed out of a premises but not after I have left the premises, unless there is cause to believe that I may have removed property, in which case my vehicle can also be searched.

 

In many retail premises for example, staff clock out in a different area to the exit from the building, hence it should be specified or generally accepted that a search may be undertaken whilst on the premises, not necesarily restricted to 'in working hours'. If the search policy is not specific, then you should be entitled to raise a grievance to that effect. Similarly, if you clock off at 2pm and have to catch a bus at 2.03pm then you should be able to complain that the search policy is likely to cause inconvenience. Not altogether a good idea just to refuse without knowing exactly what the policy is and precisely why you are unwilling to submit to a search though!


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Oh Don't get me wrong i didn't refuse the search(technically) i was actually in a rush to be somewhere very important (i won't mention were on here) i produced what i had on my person that can be clearly seen but i didn't stop i explained that i was finished..It's just i was in a rush but they are claiming that i did refuse a stop and search.Really all i am guilty of is not waiting in line.I was not concealing anything (It was just my Judgement was a bit clouded on that day which i explained)But as you know when you do make a mistake everyone else has the perfect Human Being Syndrome!

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And I take it you are now being disciplined?

 

If so, then you need a copy of the company's search policy and to raise a grievance about the fact that asking to search staff in such a way as delays leaving the premises can, and in this case did, make you late for an appointment. You produced the contents of pockets etc and stressed that you were due elsewhere. That, you feel did not constitute a refusal, but the time being taken, and manner of the search you feel was unreasonable on that occasion.


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Yes i am being Disciplined,Thank you for your helpful replies they have been a great help! I will use that as a defence as it clearly states in my Fact finding Interview that i did have to be elsewhere and i stated that my Judgement at that time was a bit clouded..

Edited by reemism

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May i ask another question, I now have been informed of the date of the Disciplinary interview which is Tuesday(After Bank Holiday Weekend considering i got the letter today Saturday!) can i contact the Manager involved and delay the proceedings in order for me to gain a copy of the Company's search policy? Also to raise the grievance about the staff search do i need to do this before the interview or during?

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Yes you can. Although the employer does not have to accept an adjournment, it would be unreasonable to refuse without a very good reason. Suggest an alternative date to allow sufficient time to form a defence, gather documents and arrange (if desired) a colleague or Union rep to accompany you.

 

As far as the grievance is concerned, you can do this prior to the meeting so long as you are able to get a copy of the policy beforehand otherwise you are unsure of the grounds for the grievance. Strictly speakiing they should then address the grievance and suspend the DH, but they may decide to try and do both at the same time!


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There were also CCTV images that were shown to me at the time of the the fact finding interview, Am i allowed to have a copy of the images that were shown during the Fact finding interview?

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Yes, although you may have to obtain these via a SAR. They may have grounds to deny the request if the images also identify other people though.


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Sorry about the delay in my reply getting a bit stressed about the procedure!Trying to ignore it until tomorrow but getting difficult anyway thanks again for all your help..

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