Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi I hope all are ok in these trying times. I assume most of us will be in the same situation with employment etc. I am obviously still intending to follow through my complaint against MB. However I do have to make decisions as I have found myself as will most people at this time left with a reduced minimal income, with all I can forsee is an impending up hill struggle for the forceable future. So not sure what, if any options I still have, I am presuming VT was only an option earlier on and a court CO excludes that option, I cant continue to honour the finance payments and cant even begin to estimate any timescales I would be again financially stable. So im basically trapped but want, no I need to get rid of MB all together, they can have the car and I learned the expensive way! MB recently emailed a letter (which is copied below) in it they refer to a recent termination, this is the part that is very confusing as its my understanding they terminated the agreement in March 17. They also inform they have placed the collections on hold, but then heres the cheeky bit, they do however want me to basically store the vehicle, tax and insure it, as per the agreement (the agreement that they already state was terminated) until they continue with their collection process; Due to the Coronavirus (COVID-19) pandemic currently affecting the UK and wider world, we’re emailing to update you on what will now happen regarding the collection of your vehicle, following the termination of your Moneybarn vehicle finance agreement. We won’t be collecting the vehicle at this time Normally, following termination of your agreement, we would arrange for an inspection and collection of the vehicle. However because of the current Government imposed lockdown, we are not currently able to collect vehicles until further notice. What will happen next? Nothing for the moment. We’ll contact you as soon as there are any developments in the Government’s stance and we know that we’re able to resume our normal vehicle collection activity. What do you need to do? We would appreciate if you can please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement. We hope this information is helpful and clear. Please stay safe and well, and if you need to contact us with any questions, please check out the latest information on the best way to reach us at So they state termination, then expect to lay down instructions for me to comply with as per my finance agreement T&Cs. To look after the vehicle that they do intend to continue collection of. If everythings terminated and in other words I have no right to the vehicle, Im not prepared to comply with instructions in line with a non existant agreement (I dont have to) and have a good mind to charge them storage. However l would much rather just leave the car, send off V5 to change ownership and be done with it and consentrate on getting justice for their mistreatment.   
    • No it isn't funny, but there have been murmurs on Social media, dfesn't take much for twitterati and FaceBork to go off on one. Some in our area have been on about shooting the Goats in case they spread the virus, people in a panic are unpredictable.
    • If she has had a note from the NHS saying she is vulnerable and should shield, then she should stay at home, and there are special regulations for this   If not, she has choices a) go to work; asking for a copy of the risk assessment, and how she will be able to be at less risk than usual b) see a GP about her stress and get signed off c) resign   Lots of people are anxious about the current situation. Lots of people also work alone in offices or far away from people or at home.     What people don't get to do, is expect their employer to keep paying them in full, for no work, because they are anxious. So, she needs to choose. I think b) seems right for her, but tat's just based on what you have said, and no idea what her job is.
    • So next knee jerk cull all pets? Maybe the Urban Fox populastion could spread it  there arfe many viruses that spread between animals,  but don't jump to humans Don't think they would be that draconian
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2437 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

Hello

Can my employer change the hours on my contract to suit themselves.

Have been informed that if we dont work overtime our hrs will be changed from 7.45-4.45 to 7am to 4.45.

The contract says we must do a reasonable amount of overtime to suit the buisness.

Thanks in advance

Share this post


Link to post
Share on other sites

Hi,

 

Have you agreed the variation with your employer?

 

and...

 

Is there, somewhere in your contract, or statement of employement, a clause allowing your employer to vary your T&C of employment unilaterally?


---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

Share this post


Link to post
Share on other sites

its just a threat at the moment

Share this post


Link to post
Share on other sites

Ok Suzie...

 

Bear in mind that any variation of your T&Cs should be agreed, if there is no clause in your statement of employment granting your employer the right to vary your T&Cs unilaterally!


---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

Share this post


Link to post
Share on other sites

thx im off sick at mo was just asking so i could give my mate the advice if they continue with their threats

Share this post


Link to post
Share on other sites

Hi Guys

 

Just a bit of help for some friends.

 

About 60 people where i work are being called into disciplinary meetings because they did not stay over to help with a stock take.

 

Everyone was told about a month before the stock take that all holidays were cancelled unless you brought poof u had a holiday booked. If they did not work the extra hours they would recieve a written warning.

 

They were asked to work on top of their usual 40hrs an extra 7 hours on the friday and 8 hours on the saturday.

 

One of the managers stood by the clock machine writing names down of people who clocked out at the usual time and was asking them if they had notes to go home who from their mothers. !!!!!!!!

 

One man has told the manager "what I do in my time is my business end of story" and walked out of meeting.

 

My question is what defence can they use when they go to the hearing stage, luckily most have been working there over 12months but not all of them some are very young too and scared of management.

 

Thanks in advance

 

Suebear

Share this post


Link to post
Share on other sites

Speak to ACAS unless its in contract of employment then overtime is voluntary and can not be made into disciplinary action.


I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

Share this post


Link to post
Share on other sites

My contract says you MAY be asked to do additional hours as the business requires, Im lucky I went back the following monday after a period of sickness.

 

just so annoying when managment do as they please can we report them to anyone.

Share this post


Link to post
Share on other sites

Everyone was told about a month before the stock take that all holidays were cancelled unless you brought poof...

:-D

 

Sorry - juvenile I know.....


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!

 

Share this post


Link to post
Share on other sites

What do you mean they are juvenile I could think of stronger names for them.

Share this post


Link to post
Share on other sites

I think he means your typo - poof instead of proof?


"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

Share this post


Link to post
Share on other sites

As far as the overtime request itself goes, this would almost certainly be considered a reasonable request, particularly as there is a clause where such overtime might be required in the interests of the business, and especially as ample notice appears to have been given.

 

The employer seems to have handled this badly, but providing that everybody has that clause in their contract, the employer would (IMO) be entitled to issue warnings UNLESS those not working had genuine reasons for not doing so.

  • Confused 1

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!

 

Share this post


Link to post
Share on other sites

hahaha i didnt notice lol i wont change now made me smile.

Share this post


Link to post
Share on other sites

Thanks Sidewinder and for the giggle,(must check my posts before i hit submit)

 

So the defence would be I have other commitments or no one to look after kids, what about it going over the 48 working rule no one has ever been asked to sign any agreements that I am aware of.

Share this post


Link to post
Share on other sites
Thanks Sidewinder and for the giggle,(must check my posts before i hit submit)

 

So the defence would be I have other commitments or no one to look after kids, what about it going over the 48 working rule no one has ever been asked to sign any agreements that I am aware of.

 

You want to see some of my mistakes!

 

The Working Time Regs are a non-starter in this situation, as they provide only for AVERAGE working hours of 48 hours maximum calculated over a 17 week period, so this would only be a factor if the overtime was being worked regularly enough to affect the average - or if somebody has another employment and the enforced overtime at this workplace was sufficient to affect the overall averaged hours.

 

A defence is certainly that circumstances outside of work made it impossible to comply with the request for overtime on this occasion - childcare that could not be rearranged, family responsibilities elsewhere etc, however the employer could argue that such problems could have been advised before the stocktake so that they were aware.

 

It's a tricky one - nobody actually likes being forced to work extra hours, but from a business perspective, sometimes it is necessary. The key will always be negotiation.


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!

 

Share this post


Link to post
Share on other sites

Could they appeal that the outcome of the hearing had already been decided before any hearing took place, as manager said a written warning would be issued if overtime was not worked.

Share this post


Link to post
Share on other sites

Absolutely. The employer in that case would be prejudicing the disciplinary process. A warning should not be issued without a hearing and importantly, a witness being present, the allegation being presented and representations made. Have a look at the company's disciplinary procedures and apply them to what has happened.


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!

 

Share this post


Link to post
Share on other sites

Thanks Sidewinder I will let the people affected know and keep my fingers crossed that no one gets finished.

Share this post


Link to post
Share on other sites

Isn't this a case where the precise wording of the contract becomes important? Compare "MAY be ASKED to do additional hours as the business requires" to "MAY be REQUIRED to do additional hours as the business requires. I'm sure you can see the difference.

Share this post


Link to post
Share on other sites

I will just go and pull it out and check exact wording.

Share this post


Link to post
Share on other sites

It says

 

You may be required to work additional hours when authorised and as necessitated by the needs of the business. Alternative flexible working patterns may be introduced to meet the needs of the business. Details of which will be notified to you prior to any arrangements being agreed or introduced.

 

assuming everyones says the same mine is 2 yrs old.

 

suebear

Share this post


Link to post
Share on other sites

thats why I said unless its in contract, so unless they had a genuine reason for not doing the overtime then they would be expected to, however I think employer has used a sledgehammer to crack a walnut.


I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

Share this post


Link to post
Share on other sites

Thanks Padja i agree with the sledgehammer comment they will know the outcome of the disciplinaries today.

Share this post


Link to post
Share on other sites

So far one written warning for one person someone else has been sacked .

 

Is this legal, it certainly doesnt seem fair.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...