Jump to content
  • Tweets

  • Posts

    • 29 Farage Garages? or Just the latest of many Johnsons Follies?     "New photos show how the county nicknamed the Garden of England may soon be more accurately described as the nation’s lorry park – thanks to Brexit preparations. The images show the full jaw-dropping magnitude of a scheme (one of 29 such) which will see 27 acres of Kent’s green fields ripped up and concreted over to create a sprawling 2,000-vehicle holding facility for trucks crossing the Channel."   https://www.independent.co.uk/news/uk/home-news/brexit-news-uk-kent-lorry-park-channel-crossing-b1278893.html   From comments: They promised us the easiest deal in history. Frictionless trade. And better jobs for the "forgotten". This is what we get. ... lorry dumps and portaloos that come to symbolize this incompetent callous government.
    • Top paediatricians have written an open letter to government about children going hungry and supporting Marcus Rashford's campaign.   https://www.theguardian.com/society/2020/oct/24/open-letter-from-uk-paediatricians-about-free-school-meals
    • It's not worth appealing because ECP won't listen, unfortunately, plus you can give the impression that if they lean on you, you'll pay them money when you don't need to. The only time we normally advise writing to them is if you get a Letter Before Claim/Action.   Best to say nothing for now and if you do get a LBC, we'll help you to draft something. Have a read around some other parking threads and you'll get an idea of how these people operate.
    • Thank you. Is it worth replying to say why I was there and that I feel it’s a bit disproportionate?   had I known I’d have paid the original £1 but I was so worried about getting into a space without crashing!
    • I had never done it and I was afraid. I have done it now. The meter is mine.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 3400 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 everyone,

I hope someone can offer me advice regarding below.

I started my new job on the 1st of June 2010 and was subject to a six month probationary period. Being a car driver was a ‘desirable’ element of the Person specifications - and not ‘essential’. Nor was it asked on my application form (have copies of both documents). It was raised during interview in which I stated a pay rise would help facilitate driving lessons but nothing more than that really.

August 24th I have supervision. Asked about driving, spoke about options – ‘TARGET’ date of 1st March. (have copy of this)

In between the six months period another colleague was receiving huge pressure to get her driving license too. I am now the only staff member that does not drive.

My manager told me in her office that driving is now ‘MANDATORY’ for all staff. She also called me in around three/four weeks ago stating ‘we may need to bring the target date forward’ so I told her I really could not afford it and reminded her of the target date. Nothing more was said.

6 months later (1st December) I have supervision. I am honest and state that I am struggling with paperwork/ workload (I am not alone – ALL staff feel this way!). Manager highlighted that I had not received support from team leaders and would ensure support is received. Support received from manager at time of supervision too. Everything is ok as far as I am aware. (have copy of this too)

Then on the 23rd of December I get handed a letter by my manager. Here it is:-

(dated 17th December 2010)

Following previous discussion we have had in your supervisions, you are aware that it is essential that you have a mode of transport i.e moped/motorcycle/car to enable you to carry out your role as a support worker.

As discussed at your supervision on the 24th of August, we agreed a deadline for the 1st of March 2011. Your probationary period was set to end on the 1st of December 2010, unfortunately taking this in to account I will be extending your probationary period for a further 3 month, giving you the opportunity to improve on the areas you are failing to achieve in currently.

Your probationary period will be extended to the 1st of March 2011 when your situation will be assessed you must understand your failure in meeting this deadline could ultimately lead to your employment being terminated.

If you have any questions or would like to discuss this further please do not hesitate to contact me.

The letter predominantly revolves around driving being the issue - the thing that bothers me most is that ‘I’ raised my paperwork/workload issue - not them – and there is no evidence that I am ‘FAILING’ other than my expectations of myself!! Someone has just passed their probationary period admitting to me that they had not even touched their paperwork. It feels they are using this as extra weight by saying ‘areas (plural) that I am failing to achieve in currently’.

I suppose the question is – can they do this? Well, they already have but can I do anything about it?

Should I not have received a new contract with driving being a prerequisite?

I feel really stressed out and hate going in to work now.

Hope someone can help advise me!

Link to post
Share on other sites

Hello and welcome to CAG. I think they probably can extend your probation. Be aware also that anyone with under 12 months service with an employer doesn't have much in the way of legal protection.

 

I expect some of the others will be along soon with more comments for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi HoneyBee13,

Thank you for a speedy response. I understand they can extend my probatiobary period - but only for valid reasons surely??

 

Are 'not being able to drive' and a 'personally highlighted fact about my own abilities and confidence within the role - not the company' valid reasons???

 

Twelve months before any body has UK employment law protection? Surely not?? Is this right??

 

Regards

Link to post
Share on other sites

Hello again. Listen, I don't claim to be one of the experts on what you're asking, I just mentioned a couple of things that crop up regularly on the forum so you'd know someone is here. While you're waiting for some of the others to comment on the fairness or otherwise of your problem, have a read of the directgov website. They have a lot of information on employment law, probationary periods, etc.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites
Hi HoneyBee13,

Thank you for a speedy response. I understand they can extend my probatiobary period - but only for valid reasons surely??

 

Are 'not being able to drive' and a 'personally highlighted fact about my own abilities and confidence within the role - not the company' valid reasons???

 

Twelve months before any body has UK employment law protection? Surely not?? Is this right??

 

Regards

 

Twelve months - this is the law (unless it relates to specific types of discrimination - not relevant in this case). Some of the older caggers will recall it wasn't that long ago 24 months was the legal standard.

 

With regards to extending your probationary period, this is entirely possible. I think your employers are being more than reasonable in doing this. The alternative would be to terminate your employment. You already accept that you are having difficulty coping with the paperwork. Your employers have identified that you need support to achieve this & they are helping you to do this. With regard to your need to have your own transport, whilst they seem to have slightly moved the goalposts, I don't personally see this as unlawful, they would only need to add an amendment to your T&Cs &/or contract. In any event, you have little protection as you have been there less than 12 months. As they have said that a moped would be acceptable, as this is the cheapest way to get your own wheels, why not apply for a CBT. It is very simple (& cheap) to pass and once you have a date booked for theory & the CBT its self, you could get this in less than a couple of weeks.

Link to post
Share on other sites

Thanks for all your replies - it seems I haven't got a leg to stand on by the sound of it. I found info on the 12 months or less and apparently as mentioned in a reply - have not got the same statutory rights as a person in continual employment for 12 months +

 

Seems my employer are switched on then - they only contract for 12 months.

 

I don't suppose adding that my contract states a THREE month probationary period and not six as stated in the letter?

 

It just seems like breech after breech - but nothing can be done???

 

3 tribunals currently running/ 2 managers/ 4 team leaders and numerous support workers later........ I'm not selling it to myself am I?? LOL!!

 

Oh well. Suppose I should just find another job eh!!!

 

Thanks for the replies!!!

Link to post
Share on other sites

I can't really add much to the advice which you have been given already.

 

A probationary period has no particu;ar legal status - it merely formalises the fact that you can be let go with only limited rights to claim unfair dismissal if they should choose to do so within 12 months of starting. By all means you may ask for a meeting and request an extension to the deadline of March for acquiring a form of motorised transport (on the grounds of financial difficulty). You could also ask for additional training to better understand the paperwork, You might even wish to complain that the requirement to be able to drive/ride a moped was only added to your T&Cs after being taken on, but it does look as though they are switched onto the fact that a deadline of March 2011, even if they were to 'allow' an extra couple of months would still leave the option available to get rid of you within the 12 months required to be able to lodge a complaint of Unfair Dismissal.

 

Far better, if you are not particularly happy in the job, are finding certain aspects of it a struggle, and do not think it likely that you can learn to ride a moped within the deadline, to look for something else and leave at a time of your own choosing. The alternative may be to be dismissed on performance grounds and risk having to declare that on future job applications. Sorry if that sounds harsh - it isn't meant to be - just that you need to know what might happen if you just let time pass you by.

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!

 

Link to post
Share on other sites

Hi

It sounds to me like the Company have decided to make Driving one of the aspects of the job that is a requirement. However they have employed you on a contract abite one that expires in March, that did not require you to drive? So technically yes you should have been asked to sign a new contract. Why dont you speak with the Manager and ask about financial assistance with passing a driving test? Incidentally i dont know how old you are but if you are of a certain age you can drive a 50cc moped on your car drivers license, check your driving license.

Link to post
Share on other sites
  • 6 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...