Jump to content
  • Tweets

  • Posts

    • 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 cancel able and 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..
    • First of all, apologies for the delay in responding. I went back to work in May completely forgot about this.   Secondly, they paid out.   As you can see in my post dated May 11th, I suggested whether it would be worth trying one more time with them. Well, I did. I mentioned in my claim that, once again, they should contact DHL who would confirm that the parcel was left on the doorstep in full view of anyone passing by. I finished it off by saying that I was happy to go to small claims court over this if I do not hear back from them.   About a week later I received an email stating the claim was successful and they asked for my bank details to transfer the money over to.    I'm surprised they didn't drag their heels over this but perhaps me seeing the picture of the supposed delivery and them knowing that I was doing my own 'investigation' into DHL made them nip this in the bud sooner rather than later.   And a reminder to anyone else reading this: contactless delivery does not mean that couriers can leave the parcel on your doorstep and leave. It means the courier leaves your parcel on your doorstep, waits for you to open the door and confirm receipt of the parcel, (the courier takes a picture, this seems to depend on the courier) and then and only then is delivery of the item concluded.
  • 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/
        • Thanks
      • 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/
        • Like
      • 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 
        • Thanks
      • 16 replies
style="text-align:center;"> Please note that this topic has not had any new posts for the last 3610 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

Hi,

 

I'm a chef who has worked in my current position for eighteen months. On my day off work today I received a phone call from my Manager who informed me that I was suspended with immediate effect without pay for "allegations of sexual harassment". When I requested details regarding who had made the allegations or even what they were, he informed me that I wasn't entitled to that information? Disregarding the fact that I have never harassed anybody in my life, is this correct? He informed me that I should go to the ACAS website and download the procedure pack, but I cannot find it. Thank you.

Share this post


Link to post
Share on other sites

Hi ... Is this a big organisation or a small restaurant? Management must give you information so you can defend yourself. Is there anything at all that comes to mind as to what it could be or possibly be? Are you in a union (that may or may not help depending on the reps!!) Did he say that he was going to write to you? You need to start somewhere to defend yourself, perhaps you can elaborate on the story.

Share this post


Link to post
Share on other sites

Thanks for replying.

 

It's a Freehouse Pub, with a Manager who liases with the owner. He did say he was going to write to me. I'm trying to be objective, but the only problem I have had is with unwanted advances from his wife, which I rejected. I'm not in a union and paid cash in hand, so I suspect I don't have many rights. Thanks.

Share this post


Link to post
Share on other sites
Hi ... Is this a big organisation or a small restaurant? Management must give you information so you can defend yourself. Is there anything at all that comes to mind as to what it could be or possibly be? Are you in a union (that may or may not help depending on the reps!!) Did he say that he was going to write to you? You need to start somewhere to defend yourself, perhaps you can elaborate on the story.

Well, at this stage they needn't divulge the exact nature of the allegations, but they should give you written notice of your suspension - which should be on full pay.

They should provide you with a copy of their disciplinary procedure, you shouldn't have to go looking on the internet.

What he was probably refering to is this http://www.acas.org.uk/index.aspx?articleid=2174

Chefs?! In a union?! Are you mad?! That's what's wrong with this industry.

Share this post


Link to post
Share on other sites

Everyone has rights, it depends on whether you want to enforce those rights. Cash in hand, normally suggests that one side or both have something to hide. Are you in a position to be open in a Tribunal or would you rather not raise issues?

 

Am I mad??????? Maybe, it helps to pass the time of day away.

Share this post


Link to post
Share on other sites

I have nothing to hide, I work, pay all of my bills, rent, council tax and everything else. It was a job which I needed, the owner wanted to pay me in cash, £400 a week.

Share this post


Link to post
Share on other sites

I was trying to be delicate. Sometimes (I realise you probably know what I am saying) peopel claim benefits, fail to disclose earnings to the HMRC, fail to pay national Insurance etc while also working 'cash in hand.' I am not suggesting you have done this but if you are sure you are 'legit' then perhaps your employer has something to hide eg failing to pay employers Nat Insurance, minimum wage payment, something????

 

Sexual Harassment works both ways..... http://www.adviceguide.org.uk/index/e_sex_discrimination_and_sexual_harassment_at_work.pdf Are you saying that you are the victim?

Share this post


Link to post
Share on other sites

Ah, now it gets tricky. Have you been cash in hand for the 18 months you've worked there? No tax or NI?

Share this post


Link to post
Share on other sites

As far as I know all 18 months, no tax or NI at all, I did think I was in a crap position.

Share this post


Link to post
Share on other sites

What have you told the taxman? have you submitted tax returns? Your employer obviously has not and would be well in the poo, but we are trying to look after your position. You don't want to go frying pan to fire that wouldn't be helpful. How can you square it with the taxman whilst sorting out the employer?

Share this post


Link to post
Share on other sites

I haven't told the taxman anything? My employer said he would take care of all of that? Should I approach them now?

Share this post


Link to post
Share on other sites

This is getting to an area that I have limited knowledge as to what reception you would get. I did have a similar personal problem after I had my accident, tax affairs were not the highest of my priorities. When I did turn my head to our tax affairs, I just played it honest and said it how it was. The HMRC issued back dated tax demands and fines and interest on those fines. However when I wrote a letter saying what stress and strain I had been under they waived the interest (or at least they waived something can't remember the details now). So you could have a hefty bill. On the other hand your employer could well be in bigger poo. How many other employees are under the same deal?

Share this post


Link to post
Share on other sites

I honestly don't know, but the whole harassment allegation thing makes me feel sick, I have spent all day online trying to find an answer to a bastard bully, and I'm still not there. Oh well, new day tomorrow.

Share this post


Link to post
Share on other sites

You see, we're in the area of an illegal employment contract, given that the employer hasn't been making deductions. That can mean that you don't have employment rights.

I think that's a bit crap, myself. After all, it's the employers statutory responsibility to make such deductions, but it seems that the law holds that the employee has effectively colluded with them by carrying on working under such an arrangement.

It might mean that you'd be unable to claim unfair dismissal, for example.

I suppose that you could argue that you thought that the £400 a week was a net amount after deductions, and that your employer just never gave you payslips.

I don't know how the employer goes on with HMRC in this situation, they may have more to lose than you. You might even be able to use the fact that they've not taxed you to your advantage, use it as a tactic to get a settlement.

Share this post


Link to post
Share on other sites

I don't wan't to lie, if I am as much to blame for fraudulent earnings then so be it. I will pay the price. I just want to clear these false allegations at any cost.

Share this post


Link to post
Share on other sites

That may be your salvation then. As elpulpo has said, if you get in writing first the allegations that you are alleged to have done, that then proves that you were employed, (why suspend you if your were not employed!!) you can then deny the allegations and then fire back with a couple of your own eg that you have asked about your paye status, wage slips, contracts, pay and conditions etc etc and that the employer has failed to do anything about your complaints. That will bring the pains on and may bring then to the negotiating table.

 

Hope it works out. Keep us posted as to developments.

Share this post


Link to post
Share on other sites

Have to agree with much of what is being said above. This is likely to open a huge can of worms, as your employment status, and therefore any form of legal redress is going to be extremely complicated. The tax bill, and likely penalty from HMRC is going to be astronomical alone once they get wind of around £30,000 of untaxed earnings.

 

On the plus side, they are talking suspension, so as previously said there is an admission of an employment relationship, but there is little that you can do at this stage until presented with more detail. Read through the link provided to ACAS above, and start to digest the key points in order to make sure that you are treated fairly. Were there any winesses to the advances from the person in question? Note down dates, times and exactly what was said, and keep us up to date with developments.


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

Hello there. I have a couple of points to make. At this stage, it could be worth talking to an accountant about your lack of payments to HMRC, who as has been said, will not be happy, but you need to sort this, you said yourself. A decent accountant should give you a half-hour initial meeting free, to see if they could help you. After that, you can decide.

 

Accountants are better able to judge how HMRC will deal with your type of case. Who knows, they could even be mildly grateful if you expose the dealings of a business that seems to be ignoring many laws. [HMRC, I mean.] I don't know if they cut deals.

 

The other thing that occurred to me is that bullyonline.org might give you some insight. If this guy is a typical one, he could be using one of their tactics which is turning overnight into the victim themselves. You don't know if his wife told him the truth about coming on to you, or panicked and made something up. Or she could be manipulative.

 

We'll help all we can. Please keep posting.

 

My best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Btw, papasmurf, are you a mad chef, or just crazy like the rest of us? :)

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Thanks for the replies. I have arranged a meeting with an accountant for Friday to discuss the HMRC aspect of the matter, and I am waiting on the post at the moment for the promised letter.

 

This morning a female colleague informed me that the Manager gathered all of the female staff into a group yesterday and told them that he had suspended me for sexual harassment and wanted them to write anonymous statements. Is this the way things should be conducted? Some of the staff are apparently scared of losing their jobs.

 

As to the problems with his wife, the advances happened during a social evening in the bar, I don't think there were any witnesses and I just gave her a wide berth for a while and hoped things would settle down.

Share this post


Link to post
Share on other sites

Honey.. I am blue all over and have a white beard....... you can't miss me!!

Share this post


Link to post
Share on other sites

Hi Anxiousone.... hope you got some sleep. It is good that you have a 'friend' that is feeding you the information. A couple of things come out of this post, first the management are obviously looking for corroboration of the wife's allegation and he doesn't care that he trashes your name (he has let it be known that you are a sex pest!! If it is a lie he has slandered you). Even if he gets statements the fact that they are anonymous makes them worthless. How can he take action on them that would stick. Is there any reason for you to be worried over these women saying anything to your detriment and if so what reasons could there be for them to do so? The next thing is there any male staff where the wife could have made advances to as well as you?

Share this post


Link to post
Share on other sites

Anonymous statements aren't necessarily invalid, Papasmurf. It can be argued that it was necessary to preserve the anonimity of the complainants, particularly when the accused is still employed.

Share this post


Link to post
Share on other sites

Maybe so, but eventually these people would have to be identified in a ET case. It is patently unfair to use statements from anonymous sources to justify action. Any manner of crap could be said otherwise.

 

The manner in which the suspension was announced also bothers me. It is like sign posting the staff to make statements around a sexual harassment basis. It would have been safer, fairer and better evidentially to simply state A1 had been suspended for an alleged incident and that management were seeking information as to any other conduct that could have broken company policy.

 

All I am saying is at this stage and in this manner these statements can be questioned as being suspect even before any are made and disclosed.

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...