Jump to content


  • Tweets

  • Posts

    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
  • 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

Staff meetings outside working hours


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4377 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 all,

 

My partner works as a nursery nurse in a private childrens nursery.

 

She works 25 hours per week Monday to Friday and finishes at 2pm each day.

 

It states in her contract that she must attend all staff meetings/training sessions, despite all of these being held out of hours after the nursery has closed at 6pm once a month, normally on a Wednesday. None of the staff are paid for these meetings, and people who are not at work at 6pm when the nursery closes are expected to return to work to attend. This is despite some of them living 20 miles away, however it is only a 10 minute drive across town for her, yet this still costs about 3 quids worth of fuel.

 

We have 2 children of primary school age, therefore unless I am home from work at that time (which is rarely) she cannot attend because there is nobody to look after them.

 

Due to her many absenses from these meetings, her boss is now saying that she must attend due to her contract and failure to do so would result in disiplinary action being taken against her.

 

Is this true when she is only contracted to work until 2pm each day?

 

Any advice please?

 

Cheers,

 

MP.

Link to post
Share on other sites

interesting one this as its in the contract of employment

 

i would say it is unreasonable to have these work time learning sessions at 6 in the evening due to the fact most nursery school kids would be in bed

 

have these meetings allways been at 6 pm and does the contract state 6pm attendance

Link to post
Share on other sites

Thanks for replying.

 

Her contract does not specify any time for these meetings, only that they are compulsory.

 

They have always been held at 6pm as this is when the nursery closes and all the children have left. They cannot be held during opening times due to Ofsted regulations regarding staffing number ratios in each setting. Basically, staff are all needed to attend to the children during the day.

 

MP.

Link to post
Share on other sites

my advice would be a collective grievance in that it is unreasonable for you to bare travel and child care costs at your own expense

 

ask about the business providing travel and subsistance payments

 

why cant they have one to one interviews during the day instead of a collective and just hire a support teacher to cover

 

after all, its only once a month

Link to post
Share on other sites

I suggested a collective grievance to her, but many of her collegues are reluctant to do this. Many are only young woman (late teens - early twentys) and many are scared that they will get the sack for it.

 

Meetings are always group sessions and never one to ones. Support staff are not used in the business.

 

I work for a much larger company than her and I have contacted my HR department regarding this. They seem to suggest that it is an unfair contract term as it penalises people who do not work full time or on the day the meeting is held, and therfore would not be enforceable. They also said that parental childcare takes priority over anything and that alone would be sufficient excuse for not attending.

 

Despite this, she is still worried.

Link to post
Share on other sites

well yes

 

if they want to enforce this then it will be covered under

 

The Management of Health and Safety at Work Regulations 1999 and vacarious liability for which i agree would be classed as an unfair term in contracts but

 

how long has she worked for the company

Link to post
Share on other sites

take the children with her? They may become more flexible after that....

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

She has been there for 3 years now.

 

In that time, she has probably only attended about 30% of them.

 

Another thing also to note. The business has a chain of 8 different nurserys. All do have these staff meetings/team building sessions, yet some only have them twice a year! It depends on each manager how often they are held.

Link to post
Share on other sites

She has been there for 3 years now.

 

In that time, she has probably only attended about 30% of them.

 

Another thing also to note. The business has a chain of 8 different nurserys. All do have these staff meetings/team building sessions, yet some only have them twice a year! It depends on each manager how often they are held.

 

 

i would recomend then a meeting with the area manager for example to see if you can all work it out

Link to post
Share on other sites

take the children with her? They may become more flexible after that....

 

Hi,

 

She asked if she could do that, but the boss said no because of insurance purposes. Something to do with them not being registered as being cared for at the setting.

Link to post
Share on other sites

Hi,

 

She asked if she could do that, but the boss said no because of insurance purposes. Something to do with them not being registered as being cared for at the setting.

 

so she can pay the child care costs then

Link to post
Share on other sites

i would recomend then a meeting with the area manager for example to see if you can all work it out

 

Again, I also suggested this. But the area manager and her boss are as thick as thieves.

 

The company as a whole doesn't like bad publicity, so they try to sweep everything under the carpet in-house. Senior management always talk down to the general nursery nurse staff and people who make complaints are exposed as troublemakers.

 

All in all a bad place to work. That's why I was trying to find something concreate for her to use before pushing it further.

 

Once I have the facts, i'll know how far to go with it.

Link to post
Share on other sites

Well, you know the legal position and you have had suggestion.

 

The real question is, what is she prepared to DO about it? Because if she wants a quiet life, you are no further forward.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

I'm not sure I am comfortable with some of the very aggressive advice given here. "taking the children in" is not the way to get this sorted out. However it is a great way to make a bad situation worse.

 

The terms in the contract that state the meeting held at a specific point for all staff is in my opinion unfair, and puts people who have children and have to look after them at a disadvantage. The Parental rights will always superceed any contract that is in place.

 

It would be my suggestion that you approach this openly and in a positive manner, say to them "I really want to attend these meetings, but to do so puts my child at risk at home for reason x and y. How about doing a separate meeting at time xx so the part time staff can attend?"

 

I believe that this approach is open and cannot be ignored, if the employer then states absolutely that they will not do this, then raise a grievance. It is always very useful for you to have followed the correct path, even if the employer doesn't. You need to be seen as the reasonable party and the employer unreasonable. Should you then get disciplined then we can advise on how to appeal, and perhaps take it further.

  • Confused 1

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

Link to post
Share on other sites

This is where you need to decide if it really is a real issue of not being able to attend or just principle of not being ripped off by the employer.

 

There will be both indirect sec discrimination and also imo what i'd consider to be an unfair term of contract, If the employer forces you to attend work a fundamental and implied term of any contract is that you are paid for it. legally i'd put my money on any dismissal on these grounds to be unfair. (hence why employers usually stitch you up on another issue when you stand firm on something like this)

 

All that said, standing your ground will probably win in any process that ends up in an unfair dismissal claim or formal grievance that is fairly considered (assuming they have 12 mths in) but unless your partner feels like Spartacus or is willing to take they day to day grief for doing so it may be better to put up with it if it is principle.

 

I also call bull**** on the Ofsted ruling, in my dealings with ofstead and people around them they are all about good culture and that doesn't come by forcing staff to attend work without pay. They may specify it should be done at time with the least disruption to pupils but that will be it.

 

If a complaint is put in it MUST be in writing to protect any future issue which may miraculously appear they after she says no.

  • Confused 1
Link to post
Share on other sites

Thank you Atlas and Ibruk for your input.

 

In our case, she does not attend due to childcare reasons, but this situation annoys all the staff at the nursery.

 

Why should they have to work extra hours for no pay, even on a day they are not even due in at work? Some of the staff have a round trip of 40 miles to attend these meetings if they fall on a day they are not at work, and they get no pay or expenses paid to them.

 

Nursery nurses are very low paid to start with, and many of them simply cant afford the petrol costs.

 

I would argue that your contract is binding during the hours in which you are contracted to work. In her case this is 9am - 2pm. Anything that falls outside these "contracted hours" cannot be enforced and would be deemed an unfair term because the contract is only binding within the hours stated in it. However if this was the case, then none of the staff are contracted past 6pm, so technically none of them should have to attend, especially for no extra pay.

 

Some of the staff only get minimum wage, so by having to do an extra 1-2 hours unpaid work would make their overall pay fall below the national minimum wage. Surely this alone should be challenged?

 

The thing is, she only works these hours to fit around the children. She takes them to school in the morning, goes to work, then picks them up after school. Her bosses know that because she had to apply to change her hours of work when both the children started school, so they know that she isn't trying to make lame excuses for not attending.

 

MP.

Link to post
Share on other sites

I would seriously be going down the indirect sex discrimination route on this one as enforcing this contract term will disproportionately disadvantage women as they are more likely to have child care issues and are more likely to work part time.

 

I wonder if ACAS could point you in the right direction for an organisation that could help.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

I would seriously be going down the indirect sex discrimination route on this one as enforcing this contract term will disproportionately disadvantage women as they are more likely to have child care issues and are more likely to work part time.

 

I wonder if ACAS could point you in the right direction for an organisation that could help.

 

Hi,

 

Another member of staff has already contacted ACAS regarding this. They seemed to lean more towards the "you cant be expected to work for no money" stance. This was also the response from the Direct.Gov site.

 

These were both put to the manager, but all they got back in response was "it states in your contract that you must attend, so tough".

Link to post
Share on other sites

I would seriously be going down the indirect sex discrimination route on this one as enforcing this contract term will disproportionately disadvantage women as they are more likely to have child care issues and are more likely to work part time.

 

I wonder if ACAS could point you in the right direction for an organisation that could help.

 

Whilst that test could indeed be satisfied, the OPs daughter wouldn't be successful as she'd have to show that she specifically was put at a disadvantage for those reasons. She isn't, because she doesn't have children.

Link to post
Share on other sites

Whilst that test could indeed be satisfied, the OPs daughter wouldn't be successful as she'd have to show that she specifically was put at a disadvantage for those reasons. She isn't, because she doesn't have children.

 

The OP refers to his partner and they have two children at primary school! Have you got your threads in a twist? :wink:

Link to post
Share on other sites

Out of interest, when your partner signed the contract, was she aware of this clause?If she was, why not discuss this issue prior to accepting the role?

 

The contract only states that all staff meetings/training sessions are compulsory.

 

It does not specify the time at which they are held.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...