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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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    • 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.
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      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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Employer refuses to give reference for no reason.


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I would really appreciate some help and advice with this if any of you can offer it. I'm well aware that employees have no rights when it comes to getting an old employer to write a reference. However, if they don't, you're left with a gap in your work history which clearly doesn't look good to new employers.

 

What has really got to me is that I did absolutely nothing wrong in my last job, no problems with my manager, team, service users or anything like but the woman will not co-operate when someone requests a written reference. She did write a reference when I was offered a job while still working for her but that's all she did. I worked for over a year on the other job and then decided to start a full-time course.

 

This meant I could only work nights and so I went for an interview and was offered a job doing a few night shifts each week. When my interviewer telephoned my old manager for a reference she was told I couldn't have another one because I'd been given enough. To this my interviewer replied that an employee deserves to have one every time they ask if they are entitled to do so.

 

She says she was disgusted by this womans manner on the phone and didn't understand why she had such an attitude about giving references. I found someone else to supply a reference and I was fortunate in doing so otherwise I wouldn't have been able to start work. I'm still studying but due to leave next year and I'll still be stuck with a two year gap to fill just because this arse*** will not help me. I worked for a surestart centre on a family support team.

 

With the government cut backs the surestart centre has since closed but I believe my old manager is still working as she's a social worker. I became aware of this problem when interviewers contacted me to say that they couldn't get a reference from her. She didn't bother to contact me to say she wouldn't be giving any more out.

 

However, when I realised what was happening I phoned her and was told I that 'I can't be happy in what I'm doing if I keep wanting to change it'. Clearly that was non of her business but the idiot stuck her heels and I've still got this problem. Help.

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You could try giving ACAS a call and ask to speak to someone who will be able to mediate the issue for you. They will liaise with your previous employer and agree the wording for any future references required.

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The only proffesion were references are obligatory are the Financial Services etc or were it forms the contract of employment. However in your case you were provided a reference by the old manager. There are circumstances where if a company has a culture of providing a reference for its employees and one particular person does not for no reason then their may be a case of discrimination. It may be worthwhile writing to her and if their is no resolution escalate it to Human Resources.

 

I would really appreciate some help and advice with this if any of you can offer it. I'm well aware that employees have no rights when it comes to getting an old employer to write a reference. However, if they don't, you're left with a gap in your work history which clearly doesn't look good to new employers. What has really got to me is that I did absolutely nothing wrong in my last job, no problems with my manager, team, service users or anything like but the woman will not co-operate when someone requests a written reference. She did write a reference when I was offered a job while still working for her but that's all she did. I worked for over a year on the other job and then decided to start a full-time course. This meant I could only work nights and so I went for an interview and was offered a job doing a few night shifts each week. When my interviewer telephoned my old manager for a reference she was told I couldn't have another one because I'd been given enough. To this my interviewer replied that an employee deserves to have one every time they ask if they are entitled to do so. She says she was disgusted by this womans manner on the phone and didn't understand why she had such an attitude about giving references. I found someone else to supply a reference and I was fortunate in doing so otherwise I wouldn't have been able to start work. I'm still studying but due to leave next year and I'll still be stuck with a two year gap to fill just because this arse*** will not help me. I worked for a surestart centre on a family support team. With the government cut backs the surestart centre has since closed but I believe my old manager is still working as she's a social worker. I became aware of this problem when interviewers contacted me to say that they couldn't get a reference from her. She didn't bother to contact me to say she wouldn't be giving any more out. However, when I realised what was happening I phoned her and was told I that 'I can't be happy in what I'm doing if I keep wanting to change it'. Clearly that was non of her business but the idiot stuck her heels and I've still got this problem. Help.
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Firstly no reference doesnt mean a blank gap on your CV, you'd still fill in all the job details, its just you cant get a reference, short of approaching someone else in the company for a reference, it appears there is not much you can do.

 

Andy

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That woman is being obstructive for a reason-people do not act like that unless there has been an issue.:| You will have got her back up in some way.

You could also use your P45,Bank statements as proof of employment. if employers want a reference of the last employer and they wont provide one then the only thing you can do is get another job that doesnt need a last employer reference or voluntary work where you can usually put down a couple of personal references.

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First of all, thank you to everyone for your advice. HR will give me a standard one but no one else is qualified to do so if they weren't my line manager apparently, so it will have to do. I would like to reply to the last thread by saying that no I didn't do something to get this womans back up, she wasn't very well liked by a few people in my team but we got on and did a very good job despite this.

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