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    • I have posted it and explained in reply to the new  defence counterclaim I adopted from you. Its nightmare getting through to the court. the lady at the court office  told me that,  to submit N224 for extension will cost me £175.00, may be I didn't hear her well as I believe that, it might be more than that. Can anyone help on this. I have been on to the phone to the court house just to make the payment, cant get through and still on the phone as at this moment. I have however sent a cheque in the phone to the court. 
    • Hi Andyroch isn't a good idea if i send them via email now instead 7 days prior to hearing also is it worth sending consent order form to hx parking to see if they agree to set the case aside?
    • Hi, I've had a quick look for similar threads, but haven't found any - so apologies in advance if the issue has been raised elsewhere.   So, long story short: > Peoples Energy go bust in September, > Account assigned to British Gas - not at all happy with this as BG is probably at the top of my Energy Supplier sh* list! > Advised to hang fire with them (by them, no surprise) until my account is migrated from People's Energy (PE), so as to ensure my credit, circa £700 is transferred from the administrators and direct debits are kept setup with PE as these will also be moved. > Final meter reading provided to BG September. > Zero comms from BG, until, you guessed it, early Jan demanding my bill was paid within 3 days (what bill, I hadn't even had one), for the price of £400 odd. The irony in this is that way back in September, I actually predicted BG would do something like this, hold back bills until it was at such a level that you would have to pay it in order for them to let you move account. Now I know what you are thinking, hadn't you been putting the uncollected DD amount away in prep for your bill. The simple answer is... Yes. BUT, as a matter of principle, BG are due to receive my £700 credit from PE and haven't managed to transfer the DD's across. Do you really think I am going to part with £400 when I am actually owed £700. For me its a matter of principle, yes I am stubborn, but I've seen this BG movie before. > Called BG, was on hold for an hour before putting thru to the most un-knowledgeable customer service agent. I'm not having a go at them, I'm having a go at BG for basically just throwing bodies at the problem as a deflection tactic. She did say my bill would be put on hold and I would receive a telephone call by the end of the week (last week) to discuss my complaint. I had asked to be put thru to complaints, but for some reason, this wasnt possible or the poor lady wasnt shown how to do this. Guess what, no call from BG to discuss the complaint. I did however receive a chaser to pay my bill.   So really what I am asking is that: > Is anyone else in the same situation with their account being migrated, DD to be setup and receiving your credit? > Should I just stop being stubborn, pay the bill and move my account elsewhere - what will happen to my credit from PE, we have been advised by BG not to cancel DD's and bear with them until everything is transferred. Great advice, what they really meant was, don't do anything until we ramp up your bill that much (in the hope you cant pay), so we can hold your face to the fire and you can never leave.   I cannot stand BG, their service has always been absolutely shocking and tactics questionable. We have previous with them (to which I won, but that's another story).   Anyway, a bit of a rant but does make me feel slightly better. Just wondering what the options I have are. 
    • This is a spectacular story. We normally advise people to sue Hermes because generally speaking the contract has been made through Packlink which is domiciled in Spain and too difficult to reach with a county court action. In this case you have a choice of suing Hermes or P2G. Generally speaking we have tended anyway to find that Hermes are easier to go up against.    As you are dealing with the loss of 38 parcels here, I would suggest that the way forward is to sue in respect of them individually or just a couple at a time. This will be much cheaper for you – which means less risk and you can see how the claim goes. 95% certain that Hermes will put their hands up after having come up with the usual arguments. They will force you to mediation and then at mediation you will have to stand your ground and insist on every last penny. Once you have done that, then we can communicate with Hermes and tell them that either they sort out the rest of them although are more court cases coming and it will be the death of a thousand cuts. Also, the amber stories interesting and I suppose it is probably true but I want to know the crime number from Hermes whereas P2G are not the victims of crime and they wouldn't be obliged to provide you with this information. Personally I can't imagine that Hermes isn't insured against theft and if this is the case, then it would be quite a scandal if they put in a claim for the value of the parcels et cetera and then they pay you are on the basis that you had no insurance. I think this is a point worth leverage in. And of course we could have a bit of fun and sue Hermes for one parcel and at the same time sue P2G for one of the others and see how both cases went along . I suppose a lot depends on how much of a hurry you are into get reimbursement and whether taking the small claims in the County Court actually interests you or you simply just want to get them out of the way. I would certainly counsel against suing for all in one go. It reduces the risk factor to Hermes if they lose the case because they will only have to pay one claim fee and one hearing fee whereas if we deliver the claims separately, then the sum total of the claim fees and hearing fees which they will eventually pay out to you would be far greater – by a considerable factor. We would make this clear to them after they had settled the first case. You would not be able to run more than one case against Hermes at any one time because there is a risk that the cases would be joined. They would have to be done separately and the second one would only be started once you had your victory in the first one
    • Defence okay...N244 application okay in post #84...so just a little work required on your intended further statement...you will have to file and serve a copy of this not less than 7 days pre hearing.   Give me a nudge nearer the time and I will make a few tweaks to it.
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Hi, I work as part of a management team in a shop with a national retailer, We normally work Mon - Sat with a day off through the week and off on the Sunday. Over the coming weeks we extend our opening days to include Sunday temporally. The company say if you don't normally trade on the Sunday you are entitled to overtime but they are excluding management from this overtime.

Does anyone know if this is possible from them to exclude Management payment but pay non Management for working this extra day?

 

Dunc09

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Remember that your contract is not just the piece of paper you have - it is all the company policies etc as well. It isn't at all uncommon for management to have conditions of service which are different from shop floor staff - and for those conditions to include unpaid overtime as necessary. But it is a contractual matter, not a legal one. Provided the rate of pay does not fall below the national minimum wage, overtime does not have to be paid - for anyone!

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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I like SarEl's awnser. Apart from Minimum wage rules e.g in a pay period do the hours you work equal National Minimum Wage, there is no legal (statutory) requirement to pay overtime (on any day) at an enhanced rate or at all (depending on which you are talking about). Therefore you must look at two things 1. Contract (including ancilliary documents e.g works handbook etc.) 2. History - have you (or the members of the management team) ever been asked to work this extra day before and were you entitled to pay (or enhanced pay, time off in lieu etc.).

 

The reason you should look at the history is that these can create contractual terms e.g if I dont have a contract but work 9-5 monday to friday, earn £1,500 a month and have done for two years without any changes, these are likly to be veiwed as contractual terms that you may possibly enforce.

 

If the express (written) terms in and incorpated into your contract are clear in regard to the situation it will generally gazump any term you try to imply through customs and practice (the history in these circumstances).

 

I also dont think you can call this discrimination (as doesnt seem it would come under one of the main strands) or unfair treatment (such as breach of implied duty of trust and confidence) as it seems pretty normal for cheif execs to get paid more than managers and in turn managers to get paid more than floor staff. However, in a case like this they may feel they need to motivate the staff to come in and not pull a sickie and in turn add this incentive (or more likly it is all about them staying at national minimum wage rate)

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