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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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
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New Regulation rules for temp workers don’t seem to be followed

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Currently I am working for a temp for a agency and currerntly I am not bepaid at the same rate as full time workers at my level. I thought since thestart of October this year http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_198917I supposed to be entitled to the same basic pay.

I have mentioned to them on two occasions the regulation change and stillnothing has changed. I've checked with one of my work colleagues who has beentaken on full time (the same day I started as a temp) at the same level and therate of pay is not much more but it's the principle of the matter. This couldgo towards of the cost to commute work for example.

At this point in time I just get brushed off and they just say you been over a year working with us we are sorting something out. Taking over a month sort this and still counting. :-( Anyone have any ideas how I can follow this up?

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Continuing on from my last post I have since found out that a temp workingfor a different job agency is getting more than a pound an hour more come the12 weeks when it comes into affect. This worker as I understand it does nothave a falk lifts licence where those who do are on a more premium rate of pay. His a worker on the same level as I am and does the same jobs as I do. The only difference is that he is on a different shift pattern. He works the same hours and times.


Phoned up my agency and I get the same updates. Saying when they have more information they will contact me and be reviewed in December. This person fromanother agency has now had it confirmed his rate of pay will change. Come the 12th week in December. I have been working for the same company with the agency for over a year and had no longer than a week off back in April before you ask.


I am going to leave them until the 12th week in December but where do I stand then this date passes to incress my rate of pay. Can I push them with any degree? Or is you are temp if you don’t like it tough?

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After 12 weeks you will be entitled to be paid a comparator rate. This basically means you should receive the same or great pay then somebody employed on a permanent contract.

You have no argument under the regulations that another agency is paying more. You only argument will be after 12 weeks your pay should be at least the same as permanent members of staff.

You have a lot of sway when you come to the 12 weeks as it is set out clearly that both the agency and the factory will both be fined for not implementing the legislation. They don’t have much of a choice as it’s the law.

Has your agency tried to change your contract in any way?

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Yep it just got renewed and amended just now. I think this is the relevantparagraph 6 Remuneration: "The employment Business shall pay the AgencyWorker the Actual Rate of Pay unless and until the Agency worker completes theQualifying Period. The Actual Rate of Pay will be notified on a per Assignmentand as set out in the relevant Assignment details form." Does this "ActualRate of Pay" mean the rate that the full time works at the same level Ishould be paid the same amount? The assignment form as not been updated no newcopies there.

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