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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi there, looking for a bit of advice.

 

I was recently off work for 3 months due to some personal problems. I was in contact with work throughout about coming back to work when they eventually sent a Occupational Heath Nurse to my house to asses me. She recommend that i return to work on a 'short phase return'. which i was willing and happy about.

 

Week 1 - 4 hours per week

Week 2 - 6 hours per week

Week 3 - 8 hours per week (normal)

 

A couple of months after starting back i was asked into the office by HR. Where they stated i owed the hours back due to the short phase return. I was gobsmacked but didnt say anything as i thought it was most probably my misunderstanding and read the letter incorrectly. They said i had 3 moths to work the 30 odd hours back. There is nothing in the letter indicating i had to work the hours back, nothing that even implies it.

 

Where do i stand with this?

 

Do i have to work the hours back?

 

Any advice will be greatly appreciated.

Thanks

 

C

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I was off work myself recently and also had a phased return, you need to get your attendance management guidance from your HR, or ask your line mamager to provide it, i personally went to my union fo rhelp with mine. i can recommend you contacting ACAS they deal with all employment issues. hope this helps.

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There is nothing within my contract

 

i was on full sick pay

 

Is there contractual provision for this?

How much (a proportionate amount of your salary or full pay?) were you paid during your SPR?

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Was you in the same position?

 

did you have to work the hours back?

 

I was off work myself recently and also had a phased return, you need to get your attendance management guidance from your HR, or ask your line mamager to provide it, i personally went to my union fo rhelp with mine. i can recommend you contacting ACAS they deal with all employment issues. hope this helps.
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Hi no but it was in my attendance management that i could have full pay for 6 months, half pay for 6 months, then no pay, i could also have a phased return under part time medical grounds, there is nothing in our attendance management that says i have to work it back. i woudl ring ACAS and see what they say, do you have a union where you work?

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I wonder if it would be worthwhile considering it from the perspective that the phased return to work was a reasonable adjustment for your condition/health problem - as required under the equality act, assuming your condition meets the description of a disability within the act. To request you work hours back would clearly be outside the realms of the original reasonable adjustment and not enforceable.

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Hi,

 

Indeed, get in touch with HR and request a written reason for their request... These recommendations were formulated by your OH, which should have, or has, sent a copy of their report to your employer, including the recommendation about a phased return to work... Seems like a very unreasonable request!

---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***

 

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  • 2 weeks later...
Hi,

 

Indeed, get in touch with HR and request a written reason for their request... These recommendations were formulated by your OH, which should have, or has, sent a copy of their report to your employer, including the recommendation about a phased return to work... Seems like a very unreasonable request!

 

Thanks for the reply.I have a copy of the report which states the phased return but there is nothing about the hours need to be worked back.There is also nothing in my contract.Its like going to buy a car and then a couple of months later they gat back in touch and say 'oh by the way you owe us another grand'Just sums the company up.Basically now i want to go into HR/Payrol and tell them i am not intending on working the hours back. Is this advisable at this stage and how should i approach this matter.Thanks in advance.C

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Hence you have to request HR to justify their demands made upon you.

 

You could always get n touch with the OH officer and request that he defines his/her recommendations on terms of phased return to work.

---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.

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Hence you have to request HR to justify their demands made upon you.

 

You could always get n touch with the OH officer and request that he defines his/her recommendations on terms of phased return to work.

 

The phase return was suggested and i took it. The issue is that there was nothing within the report or letter that stated i would have to work my hours back. The reson why it was suggested i do a phased return is irrelevant, surely or am i missing something.Its like me paying for car and then getting a bill 2 months later for another grand but there is nothing in the small print.I want to tell my HR manager that i am not going to work my hours back, what is the correct way to do this?Thanks in Advance

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