Jump to content


  • Tweets

  • Posts

  • 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
      • 162 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

My Employee wont leave.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4489 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

Hi, perhaps someone can help me here, I am at my wits end. You always hear about employers mistreating employees, but what about the reverse scenario?

I took over a homeopathy practice a while ago, the owner suggested that I keep the practice manager/nurse as he was familiar with the running of the business and the patients and I agreed. The business has not done well, losing money and I decided to put it up for sale. I informed the practice manager that I could no longer keep him on, he said he would not leave until he found another job. Just before Christmas I asked him if he had found anything, he said he had not but was still looking. I had not drawn up a new contract with him,he was still under the old contract signed by his previous owner.

 

Despite informing him that I do not have the work to keep him on, he will not leave. I do not need a full time , and cannot afford to pay him the same salary with the same hours as he had before. I had to cut down the hours, and also the salary.

 

He has written to me that if he continues to work for me it will be 'under protest' until things are resolved regarding his salary.I feel like this is a veiled threat.

 

The original contract states notice is to be 4 working weeks. Now, do I just give him notice as per the contract, or do I have to accept him continuing to work for me until he finds another job?

Link to post
Share on other sites

Well..there are all sorts of laws/rules in place if a company is getting rid of a large number of employees, Im sure this doesnt apply to just one.

 

I would of thought you could just give him a letter saying his job is at risk (explaining that you are not getting rid of him, but the role is dispearing, clearly you cant really make someone redundant and then employ someone else).

 

Then maybe a week later give him the required notice and then at the end of the notice period pay him redundancy if applicable...and any rem,aining holiday pay etc.

 

You clearly do not have to keep him on untill he finds another job, that could be never.

 

Why dont you just not pay him after the notice period is up, let him work for free if he wants :)

 

Andy

Link to post
Share on other sites

I would say just give him the required notice, you cannot be expected to continue employinh a person if you dont have the work, cant afford them or dont need them. you certainly dont have to keep employing them until they find another job.

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

You're in dangerous territory here.

 

Did you inform and consult over the transfer? If not, that could merit an award of 90 days gross pay in itself.

 

Has the employee got over a years service? If so, add on an unfair dismissal claim and statutory redundancy payment.

 

I'd seek legal advice ASAP.

Link to post
Share on other sites

Agreed..the lack of contracts either way could cause problems. Many small busineeses often fail to do things correctly and this comes back later to bite them in the ass.

 

Andy

Link to post
Share on other sites

Blimey, just noticed you've varied his hours and pay too. That's an ongoing unlawful deduction from wages claim.

 

I think your best bet here is a compromise agreement. You really need to protect yourself here as you could get taken to the cleaners!

Link to post
Share on other sites

How much service does he have ?

 

You have employed him under his standing Terms and Conditions from his previous employer therefore this is legal and biding, however due to the downturn in the Business / Market you have advised him that you are changing his terms and conditions by reducing his hours / salary therefore you must have put this in writing to him, overiding his existing contract.

 

You state that the employee has noted his discontent to the change although he has continued to work for you under the new Terms and Conditions.

I would suggest that If you cannot afford to keep this employee on, then the only option is to make him redundant. (This is a fair dismissal )

 

The fact that he has written to you with regards to him working under protest, stands him in good stead should you unfairly dismiss him. This means that should he take you to an employment tribunal the origional contract will be referred to.

 

If you just give him 4 weeks notice without justification or reason other than redundency, this is an unfair dismissal.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

Thanks for your help guys, the agreements were all done verbally-nothing in writing, should I decide to go the redundancy route would I have to take into consideration the years that he worked for the practice before I bought it as well? Or just for the time he worked when i took over?

Link to post
Share on other sites

TUPE works to preserve his continuity of employment, so his whole length of service needs to be taken into account.

 

I really do think you're in a sticky situation here and I can't recommend highly enough that you seek the assistance of a solicitor. These are potentially very complicated and costly issues you're dealing with and I wouldn't like to see you unnecessarily forking out a shed load of money over this.

Link to post
Share on other sites

Wow! This is a very expensive timebomb waiting to go off and it sounds from your first post that the employee may well be either getting up to speed about his rights or is already aware of them and is waiting to see your hand. Please take Becky's advice and seek legal advice before you do anything - she knows what she is talking about.

 

As already pointed out, several actionable events already seem to have taken place and at the very least you are going to have to make this employee redundant with a payment based on service for the old owner plus the time that you have owned the business, with notice given according to that length of service. The 'verbal' nature of the contract matters not if he can prove earnings, hours etc and as stated there are other payments due, which if he went to a Tribunal I have very little doubt that he would be awarded them - lack of TUPE consultation, unlawful deductions just for starters.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Indeed - seeking a solicitor;s advice would seem to be the best route for you to take.

 

It's a contrary situation when the employee feels they have the upperhand to the extent that they are telling the employer how (and when?) they may leave.... some day. Maybe the 'mind games' are driven by the fact that your employee was there (in the practice) before you and feels that they can tell you what's what.

 

The introduction of a third 'presence'/player (i.e. the advice of the solicitor - whether that be one-off on onging advice) will probably take the wind out of this employee's sails and embolden your own position enormously - "I hear your concerns, however the solicitor has informed me that, in fact, I just need to inform you that... etc; etc;... and I will be giving you your notice."

Link to post
Share on other sites

Can someone just clarify for me, if you dont have the work, cant afford to employ someone etc why cant you give them the statutory notice required under a contract its not really very fair to have to keep someone on if you dont have the work. Would it be different if you were a ltd co rather than a sole trader? I understand over 1 yrs service and employment protection , redundancy etc but there must be somthing else an employer can do.

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

Can someone just clarify for me, if you dont have the work, cant afford to employ someone etc why cant you give them the statutory notice required under a contract its not really very fair to have to keep someone on if you dont have the work. Would it be different if you were a ltd co rather than a sole trader? I understand over 1 yrs service and employment protection , redundancy etc but there must be somthing else an employer can do.

 

I really feel for you. I too was in this situation. My husband is a Hairdresser and we had our own salon. We had 6 members of staff, all of which were self employed apart from one. This girl requested to be employed and, as I used to be responsible for HR in my previous job, I knew it would be fairly easy to do, so my husband and I allowed her to work for us on an employed basis. I drew up a contract and we both signed it, blah, blah blah...... anyway the upshot of this was that this girl totally took advantage of us. She took at least 2 sick days a week, she actually cried if we asked her to do any work when she was in. She brought her personal problems into work, her and her father regularly had a shouting match in the middle of the salon, with customers present. The last straw came when she had a full list of appointments one day and she could not be bothered to come in so she got her Nan to call in sick for her. I went into town the same day to collect some supplies, I see this girl outside Costa Coffee with her friends, laughing and joking, she did not look sick at all. I fired her on the spot, I knew that it may have serious repercussions but I was too angry to care. Her and her family threatened me with all sorts of action. It all worked out in my favour at the end as she smashed all of my car windows one night, unfortunately for her we had CCTV. Funny enough, she never once mentioned unfair dismissal again. Later we found out that she had been sacked form every job she had had since leaving school. I know my tale is of no assistance to you, but sometimes it helps to hear from others who have been there. I suggest redundancy for your surplus employee, however, just to be on the safe side, seek advice first. If you can't afford a solicitor, your governing body should give you some free advice. I don't know who the governing body is for Homeopathy but, we had some great advice from HABIA, the hair and beauty industry body. Good luck and keep your chin up.

Link to post
Share on other sites

Can someone just clarify for me, if you dont have the work, cant afford to employ someone etc why cant you give them the statutory notice required under a contract its not really very fair to have to keep someone on if you dont have the work. Would it be different if you were a ltd co rather than a sole trader? I understand over 1 yrs service and employment protection , redundancy etc but there must be somthing else an employer can do.

 

 

You have to have a potentially fair reason for dismissal, namely capability, conduct, redundancy, illegality or "some other substantial reason". So in a situation like this where there is genuinely no work, the potentially fair reason is redundancy, but a fair procedure would still need to be followed.

Link to post
Share on other sites

I thought that would be the case,(my employment law is a little rusty) but unfortunately with redundancy you have to pay out and this can cost quite a bit depending on the number of years service, and if you havent got the money its a problem. However it would probably save money in the long run rather than keep paying a monthly wage to someone you dont need.

There are occasions where the employer really does seem to get the rough end of the stick, glad I no longer employ anyone.

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...