Jump to content


  • Tweets

  • Posts

    • Parents and teens alike are trading in their smartphones for "dumber" models to help stay offline.View the full article
    • The coffee giant is suffering as customers "lose it" over price hikes and other controversies.View the full article
    • Victims as far afield as Singapore, Peru and the United Arab Emirates fell prey to their online scams.View the full article
    • Rights groups warn of state paranoia as experts on hypersonics, the science behind ultrafast missiles, have been jailed.View the full article
    • The Contract itself The airport is actually owned by the Ontario Teachers Pension Plan. There should be an authority from them for Bristol airport group  to sign on their behalf. Without it the contract is invalid. The contract has so many  clauses redacted that it is questionable as to its fairness with regard to the Defendants ability to receive a fair trial. In the case of WH Holding Ltd, West Ham United Football Club Ltd -v- E20 Stadium LLP [2018],  In reaching its decision, the Court gave a clear warning to parties involved in litigation: ‘given the difficulties and suspicions to which extensive redaction inevitably gives rise, parties who decide to adopt such an appropriate in disclosure must take enhanced care to ensure that such redactions are accurately made, and must be prepared to suffer costs consequences if they are not’. The contract is also invalid as the signatories are required to have their signatures co-signed by independent witnesses. There is obviously a question of the date of the signatures not being signed until 16 days after the start of the contract. There is a question too about the photographs. They are supposed to be contemporaneous not taken several months before when the signage may have been different or have moved or damaged since then. The Defendant respectfully asks the Court therefore to treat the contract as invalid or void. With no contract there can be no breach. Indeed even were the contract regarded as valid there would be no breach It is hard to understand why this case was brought to Court as there appears to be no reasonable cause to apply to the DVLA.............
  • Recommended Topics

  • 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
  • Recommended Topics

Do I have a case for CD? I really need advice


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4321 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

One step at a time. Just get it clear what they want to do to sort the problem out.

 

Hi there

Papasmurf if you are there :) hope you are well and thank you for your advice so far regarding this, I have written to my employer stating that I want a written statement concluding what was discussed within the meeting and HR have now text me asking me to give them a ring tomorrow to confirm the details as requested, I do not want to do this verbally! As they already did this at the meeting! Should I not call them and write to them again to say that I wish for them to provide me with information in letter format? They obviously must have some issues doing this! Best wishes

Link to post
Share on other sites

Hi there

Papasmurf if you are there :) hope you are well and thank you for your advice so far regarding this, I have written to my employer stating that I want a written statement concluding what was discussed within the meeting and HR have now text me asking me to give them a ring tomorrow to confirm the details as requested, I do not want to do this verbally! As they already did this at the meeting! Should I not call them and write to them again to say that I wish for them to provide me with information in letter format? They obviously must have some issues doing this! Best wishes

 

Yes.

 

Also, they should have a grievance policy that they should be following, have they? Are they?

 

If they are breaching their own policy then they could be further victimising you, and that could be a further grievance.

  • Confused 1
Link to post
Share on other sites

Yes.

 

Also, they should have a grievance policy that they should be following, have they? Are they?

 

If they are breaching their own policy then they could be further victimising you, and that could be a further grievance.

 

Hi there

Thank you for getting back to me, I wrote to them to say that I wanted to raise a grievence against them, then they called a meeting with HR who said that they could pay me off without going through the whole process of the grievance, so after the meeting I wrote to them to say can you put this in writing and tell me what you are willing to offer me? Now they are ringing and texting me, I don't think that they want to put this in writing!

Link to post
Share on other sites

The fact is that you have put in a grievance about a discrimination matter... is that correct?

 

They are refusing to apply their own policy for grievances is that also correct?

 

They refuse to put in writing offers to settle this, have you witnesses that this has been offered verbally?

Link to post
Share on other sites

The fact is that you have put in a grievance about a discrimination matter... is that correct?

They are refusing to apply their own policy for grievances is that also correct?

They refuse to put in writing offers to settle this, have you witnesses that this has been offered verbally?

 

Yes I do my mother was hiding in the kitchen when HR came out to see me lol I have recently found out that a former colleague who had left the organisation because of the same bullies has also left with a 'payout' in agreement not to take the matter further! I will write another letter stating that any communication that takes place needs to be put in writing :) thanks again for your help with this, its very much appreciated

Link to post
Share on other sites

following with great interest, as I have a grievance in, but of course I would settle for a payout, but I want it put on record that the trauma, depression and anxiety caused me great pain, and still does. and bullies like this cannot get away with it. I always get everything in writing.......

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

Link to post
Share on other sites

jess be careful on time limits.

You have 3 months from the time of the discriminatory act. If you are writing again, give them a defined time to write back with their proposals to settle and / or to hear your grievance.

 

If they don't comply, issue proceedings in the ET. Don't baulk at it, they will do a jobby in their corporate underwear as they then have to face the prospect of defending in open court.

 

Additionally ACAS then can be involved to settle the matter and a legally binding compromise deal reached.

Link to post
Share on other sites

Hi there

I thought that I couldn't do anything until they did the final act of discrimination i.e. Dismissing me for being on the sick for so long? As i thought CD was really hard to prove and I haven't given in my notice yet as I need the money and everyone said not to. Sorry if I have got the wrong end of the stick :)

Link to post
Share on other sites

If they are not allowing you to put in a grievance, what are you then supposed to do?

 

Force the issue. Other acts of discrimination and further acts of victimisation can be added later, if it ever reaches that stage.

 

You don't have the wrong end of the stick, but you have to get a sixth sense as to what they are up to and if they are time wasting they are doing that for a reason. That is why I said about getting their Grievance Policy and if they are not keeping to their own time limits then they will hope that the last act of discrimination will fall outside the time limit. So by complaining about victimisation about not following their own policy and they fail to progress the grievance then you have to take it to the ET to show you are serious about them sorting it out.

 

These firms have been this road many times and know the score, you don't and they bank on that.

 

Experience tells us that when you confront them they eventually collapse, even the biggest and worst of them.

 

It is a rocky road so be sure you want to go that route

Link to post
Share on other sites

Thank you papasmurf, I can sense that they want to just pay me off and I think that they want to do this quickly and cheaply, they have said that they won't put the grievence forward yet if we can reach a compromise agreement but they are taking their time with this and don't seem to want to say what they are willing to offer in a letter they want to do this verbally, I have exactly one month left until it reaches the 3 month mark...

Link to post
Share on other sites

Thank you I will write to them today and give them a certain date to reply by. I will let you know what happens, best wishes :)

 

Hi there papasmurf

I have been to the doctors this morning and they are refusing to give me anymore sick notes after two weeks time! So I have rang the work and their offer is £2k I feel really worried and don't know what to do :(

Link to post
Share on other sites

Ring your GP surgery and ask the receptionist which of the GP's specialises in mental health issues, Then ask for an appt with that one. Just go and be open and honest with them, tell them what you are going through including a possible ET., and if you feel you can't talk like this to the GP then get it written down and handed in before your appt.

Link to post
Share on other sites

first write a letter addressed to your GP explaining what has happened, how it has affected you, how you are feeling and state that you feel that you are suffering from a mental illness. Do not be afraid of 'mental illnes' it is an illness as sure as all other ailments. They vary in intensity and can be treated.

 

In the letter you should also explain that for him not to support you by issuing sick notes so you can address the cause of the problem in the way appointed is just not right or fair and that you ask him to reconsider his action. It also may be prudent to ask for a referral to your local mental health teams for specialist advice. You GP should not ignore this or he could become liable himself. You have to be specific in what you are asking. Many GP are not in tune with mental health issues and that is why there are specialists.

 

£2,000 seem rather low. You should NOT have asked the employer at this stage, it makes you seem weak and nervous of facing up to them.... maybe you are but it is bad tactics to show them!!

 

Remember EVERYTHING in writing.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...