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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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      Many thanks 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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SNOW DAYS - Holidays entitlement taken away from me - Advice needed


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hi everyone thanks for taking the time to read this thread

 

Ok well whats happened is I was absent from work for 4 days due to the bad weather when it was snowing and phoned work on all days off to let them know that i tried to get to work but it was too dangerous and I got stuck in the snow

 

That was back in december but now I was told by my manager that the 4 days I had off will be taken off my holiday entitlement or I will not get paid

 

HR had no policy for days off work due to bad weather and now they have one they are trying to get that back dated and I need to know if this is allowed because I find it unfair

 

Any advice is more than welcome

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Sorry, but the answer to this one is very simple - yes they are allowed to do this. Your only right to pay is if the employer prevents you from attending your workplace - if you don't attend, whatever the reason, then you have no right to be paid. So you either have o take holiday or go without pay.

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Sadly agreed. A big talking point over the period of bad weather, but the employer is well within their rights.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Some employers will allow staff to make up time, some will give the option of unpaid time off however others just take it from your holiday entitlement (or part paid and part unpaid if you don't have sufficient paid holiday left). All are available options and it just depends who you work for as to what they choose to do.

 

Would be nice to have the option though...

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

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For info, this is addressed on the Direct Gov website as it is a very difficult issue all round. Sadly, those employers who do try to not penalise their employees for circumstances beyond their control seem to be few and far between.

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