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    • My job I've been in for 8 years, my contract is to give a week's notice.   I have 10 days holiday coming up starting next week. If I message the boss 3 days into that holiday and tell him I'm not coming back can it be used as 7 days notice (ie a week). I have a lot of holiday entitlement left this year about 70 hours.   So 2 questions please without judgement just facts:   1. If I phone boss three days into my 10 day holiday next week to formally tell him I'm quitting is that legal? 2. Can they get out of paying me my 70hrs holiday entitlement if I take that route?   (Massive global company not one man and his dog operation, if it affects the advice)  
    • 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  
    • bit obv really... don't eat yellow snow either.   dx  
    • I know you are trivialising this as, 'Ambulance Chasing Lawyers', because they are perceived to be involved. You mention BMW (other brands as well). Counterfeit car and truck parts have been implicated, and proven to be the cause, of accidents where fatalities have occurred.   There is some considerable difference between a set of counterfeit brake pads and a fake SD Card.   The trademark infringement though, is the same.   H
    • One hope in this growing mess is that local authorities, mainly in the north west so far, like Liverpool, are developing their own systems to test and trace, filling in the gaps of what Serco et al are missing.   But they're doing it with precious little in the way of funding. In the meantime it looks as if Serco [I think it's them] will be given more hundreds of millions on top of the £100 million that hasn't been effective so far in a couple of weeks. Given that the PM has swanned off to Scotland for a couple of weeks this isn't looking good.
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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.
       
      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 
      • 16 replies
mjones2006

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Hi,

 

A friend of mine is really upset after a court decided yesterday to issue a 8 week curfew. Now the amount in question is not a huge amount compared to some you hear of i think it was less that £5000. Without getting into all the detail of how she un-knowingly recieved money she was not entitled to is it worth appealing the decesion of a curfew? I mean how does a tag in any way stop people comitting benefit fraud? I could understand a punishment like this for maybe a burgular.

 

A punishment like this not only affects her but it also affects the rest of the family as she is the only member that has access to a car, what if a child became ill and needed supplies from a shop late at night?

 

So my question is, is it worth appealing with it being 8 week curfew how long does it take appeal tpo get through? Its not a case of avioding punishment just i do not see why the whole family has to suffer and more so i do not understand how this punishment is suitable for benefit fraud?

 

 

Thanks

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There are usually provisions in the tagging order for emergencies, and the convicted individual should be provided with instructions as to what to do in such circumstances when the tag is applied.

 

The purpose of the tag is not necessarily to prevent the commission of further crimes by keeping the individual in one place; it also functions to provide an element of punishment by depriving the individual of liberty to do whatever they want. As you've mentioned, it may impact upon others in the family and this serves a preventive purpose by focussing the individual's mind on the effects their crime upon others. Given that a further crime may attract a custodial sentence, it demonstrates what life would be like when the convicted individual is not able to take part in all the activities of the family group.

 

As to appeal, the defence solicitor is the person to advise on this. Usually, however, the time for mitigation is prior to sentencing.

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