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    • You will be subject to the same laws notice periods and protections as with any length of contract.    From my own and other’s personal experience I would treat it as an amber warning light to start putting out feelers into what’s out there on the market   A 6 month contract is great for people who might be waiting for a new build , or having renovations done on their own property. For someone like yourself who wants security it might well be time for you to consider moving on.
    • Thank you. You still haven't given as much information. We need more. Please will you tell us who the retailer is – are they in UK or elsewhere? What was the item and what is its value? Did you declare the correct value? Or did the retailer declare the correct value? You say you paid by credit card – not a debit card against your bank account? Please read around all the Hermes threads on this forum. There is lots of good information there. In particular understand your rights under the Contracts (Rights of Third Parties) Act 1999.
    • I am sorry, but without seeing the contract, and knowing what is on it or what effect it has, it is impossible to say.     
    • A16 BYN is the plates that the car was advertised with, and obviously the plate which I checked the mot history with, I also thought the same that the website maybe hadn't been updated with the most recent mot that the dealer had got done, I asked for the original plate number whilst doing the logging in to my bank account, to pay both the dealer and the shiply transporter. Bearing in mind I had told the dealer around 6pm that I would get the deposit sorted out when I put my son to bed, that gave him every opportunity to send me any pre contract details etc. Just over an hour later (son still wasn't in bed) asked for the address of where the vehicle was to be picked up from as I couldn't accept the quote for the transporter without that information. Less than an hour after that he whatsapped me asking if I still want to buy the car because he's getting enquiries from other interested parties and is telling them that he's sold the car to me (no deposit  paid as yet). I then replied a few min later having finally got my son to sleep.    Anyway between me sorting out the details and where to pick the car up from, log into my banking to pay deposits etc he'd  messaged me the original plate no... which I didn't see until after I'd done all the aformentioned.    I decided to check the history on that plate as like yourself I had been confused about the mileage, low and behold there was the most recent mot containing 5 advisories which were never mentioned to me. Another thing I can't really understand is the expiry date of the mot before that either and I did query all of this with the dealer, only to be told that cars in Scotland are renowned for corrosion issues...and that if I had checked the mot history I would have seen them, I explained I had checked the history on the plate in the advert as I had no knowledge of what the original plate numbers were and he told me that the most recent mot was under the plate in the advert. Most certainly the mot certificate he then sent me on whatsapp had the advertised plate on the certificate,  however, it wasn't showing up on the dvla page.    By this stage I was irate with him for several reasons, for not notifying me of the advisories and telling me that he had checked the dvla and the most recent mot was showing up on the advertised plates, I then screenshot the page with the expiry and this car is not mot'd information, and 2 for telling me that cars in Scotland are renowned for corrosion issues!    Had he simply said, the car is 18 years old you're going to expect to have some corrosion at some point, I'd have been a bit more tolerant at that stage. Apon checking the history on the original plates, it transpired it passed the last MOT previous to the most recent one on the same day the advertised plates ran out, I still haven't quite fathomed out what is going on regards to this. However the previous mot showed no corrosion issues and as it hadn't failed on that basis, I would get the panel beater sprayer mentioned in an earlier post to have a look at it, and sort the issues out re that, also the main reason I had the car delivered to my dad's address as that's also the area where the panel beaters business is.  
    • I had a similar thought, TJ. The Guardian has done an explainer of the rules as of yesterday.   Someone said that if the government, had retained public trust, they might not have needed stringent measures like this.   https://www.theguardian.com/world/2020/sep/28/england-new-coronavirus-restrictions-explained
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

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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