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    • Hi. So I posted on the facebook group about Hermes queries re: a parcel that Hermes said delivered but i didnt receive. It was a private sale of a mobile phone from a seller in Wales to me in Edinburgh. The seller has stopped contact with me now so I cant get any help from them. Hermes are saying it was delivered but it wasn't. I have got all copies of emails to and from the seller and to and from Hermes. A photo of the actual parcel that the seller sent me prior to posting. There also seems to be a some confusion on the Hermes tracking info about which day it was actually delivered but either way I was in my house both prior and after the delivery. There was no photo but it stated the driver got a signature. Not true cos it was a covid thing not to get signatures. No calling card to say it was left somewhere else or in a safe place. It just simply wasn't delivered. I've been told to ask for GPS info in order to trace the delivery or driver. I cant even talk to a human or get a valid address to write to. I sent an email to the CEO guy and still no reply. I've not reported anything to the police but I'm getting all sorts of contrasting advice to do this and not do that etc that im totally lost now. If you read this David, please get back to me please. Much appreciated. This happened in June/july so hope im not too late to still do something about it. It's just took this long to only get to this stage. 
    • PAC code   https://tinyurl.com/yxhxcsxf   ...
    • Noted! Hopefully there won't have to be another time though!     I did respond to the email, I just basically said that he cannot deduct any costs incurred for collecting / picking up the vehicle and if it heads down the route of ADR which is a total new concept of me having any evolvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle.    Apon further checking the legislation because he gave me no cancellation rights prior to the contract starting he is indeed guilty of an offence, which is the likelihood of what trading standards are dealing with in regards to his local TS contacting him.     
    • hi,     Just asking for some experience or knowledge.     I purchased a puppy on the 30th of august. On numerous occasions I was in contact with breeder and asked if the puppy showed signs of entropion.    I was told no.   On the 26th of August puppy had first jabs. And apparently their vets said none of the litter showed sign of entropion.    On collection of puppy I noticed he was covered in green mucus. The pen had dog muck spread in there so assumed it was just from pups playing and maybe getting it in each others eyes (poor hygeine on breeders part)   Anyways,   Asked breeder to wipe pup and we left       With in 3 hours we realised that the puppy wasn't well. He physically couldn't open his eyes and when we attempted to clean them his eyeballs weren't visible.    We phoned an out of hour vets and contacted the breeders immediately.     The pup was taken to the vets and we were informed he had a severe eye infection which was a result to entropion.    The vet bill came to around 900 after tacking and meds etc. I asked the breeder to cover the costs. They said no because their vets said their was no issues.     The state on this puppy my vets think he's suffered from birth.     And most certainly not 5 minutes before I turned up.      I've filed a small claims for the cost of the vets and the cost of the puppy.      Where do you think ill stand?    What type of evidence will the judge want to see. Thanks
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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.

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

 

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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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