Jump to content


  • Tweets

  • Posts

    • 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.  
    • The baker is consulting with its 25,000 staff to minimise cuts by putting people on fewer hours. View the full article
  • Our picks

    • Ahmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall notices. https://www.consumeractiongroup.co.uk/topic/427369-ahmed-alwaheebs-firms-sold-cars-riddled-with-faults-%E2%80%93-and-which-sometimes-had-government-recall-notices/&do=findComment&comment=5071860
      • 3 replies
    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 8 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • 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 .

Employee rights - Annual Leave - Agenda for change


Please note that this topic has not had any new posts for the last 3620 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

 

Is there anyone out there who is familiar with the NHS's agenda for change.

 

I work for the NHS, and along with 4 colleagues have a contract for set hours not including bank holidays.With several changes in supervisor over a number of years and newer colleagues with different contracts, our annual leave entitlement has been cut.

 

My annual leave is calculated in 2 parts under the 'agenda for change'. A basic element, which is made up of my statutory entitlement and long service element. A second element is made up for bank holiday allowance. All employees are given an allowance although how much you need to use is affected by your work days. ie if your working days are mondays then you'd need to use more annual leave if you didnt want to work the bank holidays than if you worked wednesdays only.

 

Following on from a disagreement with regard to Christmas working. Myself and my colleagues have had our annual leave entitlement slashed without notice.

 

In addition to this they have stopped a flexible element to our working pattern in which we were able to swap shifts. We have a contract where we work set hours either 1 weekend in 3 or 1 weekend in 6. We have beeen told now after 11 years employemnt that we need to complete any swapped shifts inside of a week. This is obviously impossible when we work such a shift pattern.

 

Help!!!!!!

Link to post
Share on other sites

Hello there. I'm sorry to hear about your problems.

 

If you don't get replies here, you might try posting something on the NHS forum at CAG. Please don't copy and paste this, they don't like it! but you might find people who understand the system better than people on this forum.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hello again. I think it's worth posting on NHS as well, because I know staff read it.

 

I don't think you've said how much annual leave you're entitled to. Is it the statutory 28 days or more, including bank holidays?

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi 61met....... My wife just went through a 3 year grievance with the NHS over their insistence that she change her contract when she could not. She is now out on an ill health pension. She may be able to answer some of your questions but is out at the present.

 

Can I ask a couple of questions, was this a job share arrangement with the other staff and arranged with a contract between you all? Please explain the circumstances in how the arrangement came about. What grades are you all? have you been on to your union ? What have they said. Have you looked at the Agenda fro Change information on the RCN website?

 

What percentage of hours do you work in relation to the share? This is probably pertinent to the bank holiday entitlement. Was the flexible element done because of child care arrangements if so there could be an issue of Indirect Sex Discrimination.

 

Finally have you any independent Legal Expenses Insurance should you want to fight this? You can find this on home contents insurance policies.

Link to post
Share on other sites

Thanks for your interest. I work in Admin +Clerical as Band 2 but only work 14 hrs (set hours) one weekend in three. my hours are annualised to average out to 4.67 hrs per wk. Its not a job share but there are 4 other colleagues on similar if not identical contracts.

 

I'm entitled to a basic element of 26hrs annual leave with an additional 7hrs for bank holiday allowance giving a total of 34hrs.

 

After our recent dispute regarding christmas working we have had our bank holiday allowance taken away. As i understand it from when the Agenda for change, the change in the calculation for annual leave was altered to make leave fairer to ALL employees and that just because we arent contracted to Bank Holidays doesnt mean she can just take away this holiday. Especially without even informing us.

 

Although we have fixed hours on fixed weekends there has always (in the eleven years I've worked there) been the flexibility to swap shifts with people working the same shift pattern as you. There has never been a time limit in which to complete the swap. As new staff have joined with different contracts this has natrually become more difficult as there are less people working the same shifts as ourselves. The fact that we are expected to complete swaps inside a week when none of our shift patterns can accomodate this is ridiculous and can only be classed as victimisation.

 

It has been mentioned several times in the last 2 years that the contracts of us five will undergo 'consultation' but as yet nothing has happened. The hours and shift pattern we do hasnt been adapted to suit us, it is the hours the post was advertised as when we joined.

 

I have contacted my union rep and am waiting to be contacted by her. My collegue has also been onto HR but we're not holding our breath.

 

I've not been on the RCN web site and although thats obviously for nursing staff may be of some help. I'm with UNITE.

Link to post
Share on other sites

Sorry, I have asked my wife about this and she cannot help. She agrees with me that this is quite complex. There is a couple of points that I would make.

 

First although you may feel it is wrong I don't think legally this would be classed as victimisation. You need to have an element of discrimination and have either an allegation / beginnings of a complaint eg grievance / or an ET claim lodged for victimisation to be a start. From what you have said so far I can't see it.

 

Next what happened as a result of the Christmas dispute? Did you all eventually comply or not? If you complied then perhaps you agreed by your actions to the changes.

 

You don't say whether it is in your contract or not but if it isn't then the issue of swapping could be construed as a custom or practice that effectively has become part of the normal working conditions. However I think management have a right to change this, after consultation, if there is a genuine business reason for doing so.

 

I suppose you could all write to your employer asking for an explanation as to why they are changing your working arrangements and contract (perhaps you should wait and get Union advice too). If their explanation is not good enough you have the option to raise a joint grievance.

 

From a personal point of view I have found that generally each employee looks to his / her own circumstances and probably a joint grievance will fall apart because one or more won't want to take management on. Even if you do, the chances are that you will lose. It seems from what you have said that management probably view you all as a bit of a problem that they could do without and for that reason their stance is likely to be uncompromising.

 

Let us know how you get on. Good luck.

Link to post
Share on other sites

Hi

 

Although we feel we are being singled out as far as Shift swaps are concerned it is our secondary concern at the moment and think it will be easier to establish if, half way through an annual leave year it has been cut for no reason that they can justify.

 

We have all been working in the office for over ten years, way before agenda for change. We were employed to work 14 hrs 1 weekend in 3 as well as Bank holidays on the same basis on a rotational basis. This never included christmas day.

 

When Agenda for Change came about we all got issued with new contracts. After several changes of supervisor and at least 2 years since we received our new contracts we were told that we weren't contracted to work bank holidays and that she didnt need us to cover them as all the new staff are contracted to 365 days a year including christmas if needed. As you can imagine we didnt need telling twice and so far havent worked a bank holiday since.

 

Last year Boxing Day fell on a Sunday, given that all the previous goings on are all documented I went to the current supervisor to say that I wouldnt be working as it was my weekend. She refused leave, really dug her heals in. After 3 months of backwards and forwarding I eventually got the leave. This year christmas and boxing day falls on a weekend and my colleague has experienced exactly the same thing.

Again after several months they have finally agreed to this years leave.

 

It was only when she went to get her leave card signed that it became apparent that she had had her bank holiday allowance element taken off her leave allowance. This also coincides with the memo regarding shift swapping.

 

I had thought about using 'custom and practice' as far as the shift swaps were concerned but will see how it goes. Still waiting to hear from HR and Unions but was hoping someone on here may have some other views on the matter.

 

Thanks for looking

Link to post
Share on other sites
  • 1 month later...

Hi I am aware this thread has been inactive for over a month but see you are still having issues on this issue in your "Consultation" thread where your employer is consulting changing so you work bank holidays etc. I'm a nurse (under AfC) so it peeked my interest!

 

As I understand it, Christmas Day and Boxing day this year are not classed as Public Holidays as they fall on the weekend, but Monday 27th and Tuesday 28th are. For example, if I work Xmas day this year I will only get Saturday enhancements NOT PH. This is exactly why we get PH hours due to shift work where we aren't guaranteed the actual (under AfC) public holidays.

 

As you are not working these PH that fall on a weekend then I think your employer would be correct in taking the PH hours off of you but I don't think this is laid down in AfC but I'm no expert. Are you actually in breach of your contract by not attending your rota'd days, i.e. weekends? Again, PH cannot fall on a weekend under AfC.

 

P.S. Sorry I cannot help with the shift swapping. Seems unreasonable to me personally however.

Disclaimer: Any advice given is solely my own. I advise you seek professional advice in the first instance.

Link to post
Share on other sites

Thanks for your help. As stated under our existing contracts (although not for much longer) we are not contracted to work public/bank holidays. We are entitled to take annual leave and dont feel when making the request at least 4 months in advance and having the request turned down flat acceptable, especailly when no effort was made to see if anyone was willing to cover.

 

I also understand there is an element to my a/l allowance that has a Bank holiday part to it. Without notice at the end of last month we this part taken away. Apparently this was because of a policy review although it has since transpired that my supervisor jumped the gun and wrongly reduced my entitlement.

 

With consultation going through now, management want me to be available for all Bank Holidays. This is equivallent to my working 3 months on my pro rata basis of 1 weekend in 3. Unlike full time staff I will only get the bank holiday allowance pro rata but will be expected to work them all. This means a full time member of staff could, if the service permitted take leave for all bank holidays but I couldnt because I dont have enough leave to do so. In addtion to this my annual leave entitlement wouldnt be based on these additional 8 days but only on my standard annualised hours! It seems I loose all ways.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...