Jump to content


  • Tweets

  • Posts

    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
    • So, why do DVLA (via that leaflet) say 1) that S.88 MAY allow a driver to be treated as if they have a valid licence (after an application that discloses a medical condition) AND   2) before DVLA have reached their licensing decision ? (Since S.88 ceases to apply once they have reached a decision to grant or refuse a licence)
    • Thanks for that, Bazza. It sheds some more light on things but I’m still by no means sure of the OP’s father’s likelihood of successfully defending the charge. This in particular from the guidance stands out me: He does not meet all the s88 criteria. S88 is clear and unambiguous: It makes no provision for either the driver or a medical professional to make a judgement on his fitness to drive under s88. S92(4) and the June 2013 guidance you mention defines in what circumstances the SoS must issue a licence. It does no modify s88 in any way. However, delving further I have noticed that the DVLA provides a service where the driver can enter a relevant medical condition to obtain the correct documentation to apply for a licence: https://www.gov.uk/health-conditions-and-driving/find-condition-online I haven’t followed this through because I don’ have the answers that the OP’s father would give to the questions they will ask and in any case it requires the input of personal information and I don’t want to cause complications with my driving licence. It is possible, however, that the end result (apart from providing the necessary forms) is a “Yes/No” answer to whether the driver can continue to drive (courtesy of s88). With that in mind, I should think at  the very least the OP’s father should have completed that process but there is no mention that he has. The Sleep Apnoea Trust gives some useful guidance on driving and SA: https://sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ I know nothing about SA at all and found It interesting to learn that there are various “grades” of the condition. But the significant thing which struck me is that it is only the least trivial version that does not require a driver to report his condition to the DVLA. But more significant than that is that the SA Trust makes no mention of continuing to drive once the condition has been reported. The danger here is that the court will simply deconstruct s88 and reach the same conclusion that I have. I accept, having looked at the DVLA guidance, that there may be (as far as they are concerned) scope for s88 to apply contrary to the conditions stated in the legislation. Firstly, we don’ know whether there is and secondly we don’t know whether the OP’s father would qualify to take advantage of it. Of course he could argue that he need no have reported his condition. The SA trust certainly emphasises that the condition should not be reported until a formal detailed diagnosis is obtained. But the fact is he did report it. As soon as he does that, as far as I can see,  s88 is no longer available to him. Certainly as it stands I maintain my opinion that he was not allowed to continue driving under s88. The only way I would change this is to see the end result of the DVLA exercise I mentioned above. If that said he could continue driving he would have a defence to the charge. Without it I am not confident.  
    • Americans are already keen on UK-made coins, and the Mint said it has seen a 118 per cent increase in sales to the US since 2022.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Employment/Work and asscioated benefits woes


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3002 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I know compared to otherpeoples problems on here mine is insignificant but yeah..

 

Basically i have several facial piercings,im forced to remove them before my shift. I also have several tatoos on my right arm. I work in a busy shop. I am forced to wear a big work jumper to keep my tatoos covered. The shop is always hot and were not allowed to have a drink. I pretty much ready to faint every shift im that hot in the jumper. Ive asked if i am allowed to wear a thin cardi just so imnot roasting and there still covered. They said no. Ive not been well the last few days. Today i was ROASTING i asked if i could go sit outside for 5 min just to cool down a bit. They said no. 10 min later im in the back boiling hot and throwing up. Ive asked what am i supposed to do in the summer? theyve just basically said tuff wear the jumper.

Link to post
Share on other sites

  • Replies 1.1k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I dont regard that as a minor problem, its a serious health and saftety concern. Presumably you had the tattoo's and pierceings at the time of your employment and if your employer never raised any issues, or made it a condition of your employment in writing that they had to be covered, then they had no problems with how you looked. To insist that you wear clothing that is unsuitable for the workplace, dont allow you adequate breaks or drinks then they are breaching their duty of care under the Health and Safety Act. If you are being treated differently than other members of staff because of your appearance then there is a good case for Bullying and Harassment. Put a shot across their bows and see what happens.

Stu

Link to post
Share on other sites

They have the right to have a dress code and to request that tattoos and piercings are covered, as I don't think that's covered within the legal bounds of discrimination. However, they have a responsibility for your health and safety, and stipulating that you have to wear a garment that is adversely affecting your health unnecessarily is breaching those guidelines.

 

I would put it in writing that you understand their wishes for you to cover your tatoos, but that the work jumper is affecting your health in the hot weather. I would then request permission to wear an alternative long sleeved garment that you can mutually agree upon, and would also request that they respond in writing to you.

 

Get it all in writing and keep a copy of your letter. They'll either have to back down or if they write back 'no' they'll be putting themselves in a very silly position which you can seek legal advice on.

Link to post
Share on other sites

Is that jumper, you are wearing, part of the brand's uniform? If yes, then your contract, or statement of particulars of employment will shed light on your obligations. If it not, you may want to tell them that you'd prefer wearing something lighter which would, nevertheless, cover your tattoos.

Your employer has a duty of care... Visit the HSE website for more info on heat stress at work (http://www.hse.gov.uk/pubns/geis1.pdf).

---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.

Link to post
Share on other sites

Thanks for the replies :D

 

I had the tattoos done before starting with them. They were on show at my interview. IT says in our employee handbook that "excessive tattoos must be covered". Ihave the majority of my right arm done so they consider this excessive. I dont have any problems whatsoever covering them as i dont want to be dealing with questions from customers about them whilst im working. The jumper im made to wear is a company uniform. I spoke to our big manager today about it and it making me sick yesterday. He said they have a company cardigan that is meant for managers but he will order me one. Ive been told by someone else that it is quite thick so ill have to wait till he brings it to see if it will be any better than the jumper thats IF i get it at all.

Link to post
Share on other sites

  • 3 weeks later...

I think it's sad in this day and age that companies still see tattoos as bad thing. I agree in certain jobs, they may be out of place, and may not project a good image of the business, but there's a hell of a lot of jobs, like shop work, where it wouldn't matter how much you were tattooed, as long as you done the job to the best of your abilities.

 

I've got two full sleeves, and my legs are covered. I got a tattoo on the back of my neck whilst i was still working, and they had no problem with it, but I found it was mainly the elderly generation who made remarks about them. Majority of them, mainly the men, would be fascinated and show me their old sailor tattoos they got when they were in the war, and they were really nice people, but on the other hand, some of them refused to be served by me because of them!

 

Good luck to you, zarah. Maybe one day, opinions will change, and the way it's going these days, you're in the minority if you don't have one! But that's another thread!

Link to post
Share on other sites

You should talk to your manager, again, and remind him that he offered to order you a 'cardigan' on 03 February and you are still waiting for it...

---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.

Link to post
Share on other sites

  • 1 month later...

Basically ive been doing mad hour in work. Today i did 9 1/2 hours. They told me i was entitled to 30 min! surely tis isnt right. I asked if i could go outside for a fag late ron wen it was qiete and he said no! In the employee handbook it says anything over 9 hours and its up to the manager to give you additional breaks so its not a definate no hes just being ..well...a tool even though i did him a favour doing extra. I decided to go out anyway and the area manager saw me and pulled me on it so im expecting a telling off to morrow and need something concrete on breaks i can print of. Thanks in advance!

Link to post
Share on other sites

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Ok so im still waiting for my cardi!! Ive asked him about it hes said its been ordererd. Then he asked ME if id had it yet. Is aid well clearly notr or id be wearing it!! NOw hes saying its been ordererd again. i get the impression im just being fobbed off. One of the other girls told me she waited 3 years for a fleece!!!

Link to post
Share on other sites

Zararh,

Sorry you are wrong and Elpulpo is right. (when you have been on here long eough you will learn not to challenge vertain people - Elpulpo is one of them). By law 20 mins if you work more than six hours in a day. Anything else depends on whether your union has been able to negaitiate a longer peiod or two small breaks - therefore speak to your union reo - if you have one.

 

Cheers - Scousegeezer

Link to post
Share on other sites

Zararh,

Sorry you are wrong and Elpulpo is right. (when you have been on here long eough you will learn not to challenge vertain people - Elpulpo is one of them). By law 20 mins if you work more than six hours in a day. Anything else depends on whether your union has been able to negaitiate a longer peiod or two small breaks - therefore speak to your union reo - if you have one.

 

Cheers - Scousegeezer

YEH.

Link to post
Share on other sites

So, another job another tax charade!! i basically gave them everything i was supposed to and im STILL on emergancy. Ive written again to the other two employers who STILL as far as im aware havnt gave the tax office the details they need. What can i do 2 years of emergancy tax is taking the ****!!!! :confused::mad:

Link to post
Share on other sites

over two weeks work havnt paid me for 12 hours i worked. 8 hours from last week and 4 from this week. i asked one of the managers and was told "i cant deal with that i havnt got enough experience" .Sometimes if you clock on 1 min late you lose 15 min pay. im paid by the hour. I am also on emergancy tax and have been for 6 months. The tax office are telling me to see work, work are telling me to go the tax office. Ive been trying to book 1 day off on the 2nd may. Ive given them 8 weeks notice. Now 3 weeks after i asked 2 other ppl have asked for the same day. The manager is saying they asked first when they didnt. When i asked him he said hed write it on the calender for me. The next day he hadnt so i did it myself. Ive lost my holidays for this year because he refused to let me take a week so now i will lose the 12 days ive saved up. Also weve not een getting are 15 in break untill the last hour of our shift. Tonight we were due to finish at 8.30 i didnt get mine until 8 pm. Ive told them this is illigal but all im told is "its in the handbook" :mad::mad::mad::mad:

Link to post
Share on other sites

  • 1 month later...

I needed last Sunday off work. I gave them 8 weeks notice. The manager said it was fine. Then he said it wasnt. So i tld them either way i was having it off. They got cover for me and granted it. I specifically asked the manager if i would get paid for it. He assured me i would. I havnt. One manager told me "i dont know how to fix that" another "it will be on next weeks" now there saying i wont get paid because it was covered. I have myself covered for people while they have been off and they have had no problems with holiday pay. on friday i asked the manager to look into it she said she would and didnt. she slinked out without telling me. The area manager was in today and i asked for a word. She told me "in a min" then left without speakin to me. Do i have sufficent grounds now to go to the tribunal as i have spoken to 4 diffeent managers and they havnt done a thing apart from fob me off. I have been employed with them for 7months and havnt had a single booked day off apart from last sunday because every time i aske im told no or they make a big deal of it. I have 17 days stored up and they wont let me use them.other employees have no problem booking time off. Im seriously stressed andneed it off but they wont let me and even if they did they prob wouldnt pay me:???:

Link to post
Share on other sites

I would start by raising a formal grievance using your companies grievance procedure. I appreciate you have already raised the matter with various managers, but start the proper channels. It is probably too early to consider a Tribunal approach, see what the outcome of your grievance is first.

 

CB500

Any advise that is given, is from my experience, either in life in general or from my years of senior management in the hospitality and leisure industries. However, please take legal advise before taking any actions.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...