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    • Might be worth a try   Lying in a hot bath at min and still struggling    On verge of ringing 111
    • Is this car park local to you?  If so, it would be good if you could go back and take photos of the signage.   The last time someone did so we discovered that Simple Simon had been so stupid as to put details of two different companies on the signs, which would make it impossible for the motorist to know which company they were entering into a contract with.   It would be useful to know if the signage is still pants.
    • No the order states quite clearly " Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed "   Your initial defence put them to strict proof to disclose the documents you would have requested within your defence. If you have never received the documents then the claimant has not complied with the above order...and you must inform the court same.   You don't want a DQ yet as you don't want it to proceed to allocation until they comply with the above order.
    • I don't want to interfere with the way that my site team colleague is going to advise you – but in the event that there is some liability, I think it's possible to separate the old liability – up to the time of the returned payment from the more recent liability. I don't think you've told us anything about the entire sum that they are claiming. I don't think you've told us anything about the sum which you originally paid and they returned to you. In respect of the first part – the sum that they returned to you, if they are trying to recover that now, I think you could usefully look at the doctrine of estoppel.
    • Nothing has been served since mediation. However when you read it it seems that they are to service it on me rather than prove the served it. There is also to time constraint on the order.    The court stated that the matter was never referred to a DJ, Lowell must have complained and had it referred, Portsmouth CC had the claim sitting around since last year 2020 somewhen, but I was confused as to what happened to it before.    I've uploaded it redacted.  IMG_8644.pdf
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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 everyone,

 

I have been having alot of problems at work for around a year and a half and in March I was verbally abused by my work collegue whom also pushed me. I put a
grievance
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in following which was upheld, yet I have still been kept off of work for a month so far until the situation is sorted, for my own safety yet the other individual is still at work. I have been treated differently and even the manager has been treating me badly she doesnt even talk to me anymore as she is very good friends with the other individual and it is a small company. I have told my manager previously about other situations and she just laughs about it. I even put in a complaint previously about the way that I am treated at work which was simply ignored.

 

I have been off work since then, yes I still have not returned! although the other party involved put in a counter grievance and it was held that part of hers was also upheld (in that I had been hostile towards her) which is true although this is because of the treatment that I had received. I had since asked for the minutes and was told that I could not get them due to confidentiality. It was suggested that mediation should be taken in order to give the company feedback to which I agreed and the other party didnt. As this was not agreed to I said that I was not willing to go back to the workplace until mediation was sort as my workplace should be made safe. One of the board members suggested that I should just go back and see how it goes and that in his opinion we should both with draw our grievances.

 

As this was not a option I have now been offered a compromise agreement of £1000 which they say works out to be £406 pay in lieu of notice if I agree to end my contract and the rest a
goodwill gesture
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and a extra £300 for legal expenses will be reimbursed, a reference and an input into a statement that would be relayed to staff and a refrence. I am not happy with this at all and am not sure what to do. I did ask the individual who proposed this offer if there was any other option and she said no.

 

I replied saying that I am not willing to take the offer and would just like to return to work in which she said that due to the tension it is not appropriate for me to return as there is tension and it is difficult to find a way forward. Thus in order to move forward I should give a indication of what I feel to be a fair monetry settlement.

 

Please could you give me some advice as I am not sure what to do now. I would also like to know if I have grounds to take them to a tribunal.

 

 

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Were you injured in the assault? are you suspended on full pay or sick or what? Please clarify.

 

How much is you wages? The figure seems very low to get rid of you, you are right to decline the offer. Was the offer in writing or verbal, if verbal it is not worth anything anyway, as they are just trying to find out how much it will take to get rid of you.

 

How long have you been at the company? There is a formula for making people redundant, although this is not a redundancy situation rather than they want to pay you off as they don't want to address the actual problem.

 

Have you got legal advice or are you relying on CAG?

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I was not injured, she just kept tapping me to provoke me. I work part time and have worked there for just under 4 years. I am suspended on full pay althoguh I am not quite sure if I will receive any more payments since they are offering a compromise agrrement. I have had some advice from a friend whom said to write a stage 1 grivience (she works in HR) she felt that the letter sounded like they were dismissing me as there said it would be difficult for me to return and want me to name a price, based on this she felt I needed an official letter (as all are without prejudice) as if I am no longer an employee it is wrongful/unfair dismissal and the grounds for the decision. She also felt that the treatment was discriminatory.

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basically I am at the bottom of the company and the youngest, and I am always made to know this to the point where I get called a child and who do I think I am and that this job isnt important and they can get anyone to do it amonst other things. I know that there is another individual there whom they want to give my job to as this person told my colleague that they were planning to make me redundant so they could merge our jobs together for the new person

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That's not discrimination. I would be careful about what your HR friend is advising, as if she is telling you this she could be telling you it wrong. These are the areas that are protected http://www.legislation.gov.uk/ukpga/2010/15/section/4 being "the youngest" is not one of them.

 

Have you all this in writing or are they merely talking to you?

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perhaps you could tell us what the letter has said. It may very well be that they have effectively dismissed you and you need to take action. If you can anonymise the letter but tell us the wording that could be helpful.

 

Have you a union or legal Protection Insurance (look at home contents policy where you live.. your own or parents as you could be covered under theirs) for employment disputes? That may be you best route for legal advice if you have them.

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Thank you for your email. I am sorry that you feel that our proposed offer is not acceptable.

When we first met on the and spoke about the situation I suggested possible exit strategies, which you indicated you were willing to consider. I do appreciate that you feel that there hasn’t been a satisfactory conclusion to your grievance but it is difficult to find a way forward. Whilst you say you wish to return to work in September, I am very aware that tensions are still ongoing and this would be a difficult scenario for you to return to.

In an attempt to move things forward I would be grateful if you would give me an indication of what you consider would be a fair monetary settlement to consider, in the hope that we can bring closure to this unhappy situation. Please can you let me have your thoughts. You can also contact me at any point if you have any questions or wish to discuss things further.

I look forward to hearing from you,

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I think you need to write to them clarifying your position, unless you have done so already of course.

 

You need to tell them exactly what your position is.

 

They obviously have instituted a Grievance Procedure already. can you tell us what that letter said? Did you go to the Appeal process? if not then you should be considering that when you write to them clarifying your position.

 

It is not up to you to make offers... they are the ones wanting to disengage. By making an offer you are, in fact, accepting the necessity to leave. Are their letters headed "without Prejudice" or not?

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