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    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far 
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
    • more detest the insurrectional ex variety dx
    • Laura, I was surprised that the Director said that you hadn't appealed twice. I thought that the letter you posted on 24th June was the second appeal and that was to the IAS. And they did say that there was no further appeal possible. Could you please explain how many times you appealed. I am going to read your WS now. PS  Yes I meant to say that the keeper did not have a licence therefore it was wrong of them to assume he was the driver and the keeper. Thanks for picking that up.
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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.

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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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Employers making me leave


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I'm writing on behalf of a friend who is very streesed out. Recently she asked for more help with the job as she has been working 50+ hours a week and not getting paid for it. She asked for help and threatened to leave if this was not given. Since then she has had a number of meetings with management and HR saying there are issues with her work. Then she was given a letter saying due to the fact she is unhappy at work she will leave at the end of August, She had 7 days to contest this, which she didn't (instead buried her head in the sand). Now she is worried she has lost her job and is being pushed out. Should she take this to court? Would she have a case or have HR covered themselves? Thanks in advance

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depends on how long she has been in the job, two years and more you have quite a lot of protection, less than taht it is more difficult.

However an employer has a duty of care to employees regarding work load and stress.

What is in her contract about working hours etc., notice.

She should defo go to HR or more senior management if she has a grievance or to resolve the issue.

She can also speak to Acass on the phone, they can give very good advice quickly.

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She's been working there three years. HR and management are in it together, its not the most reputable company. I think her hours say 40 hours but she has been doing more. Also, there have never been issues with her work until she refused to continue to work these hours.

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She should appeal the dismissal, then raise a grievance and file an ET1 for unfair dismissal and failure to follow a fair procedure in terms of a disciplinary process.

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 :)

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You could definetly take them to a tribunal for this action, as they do not to have followed set procedure, warnings, letters etc. about performance.

Alos a valid grievance regarding working hours etc 50 hrs exceeds any sort of directives etc.

As said before please speak to Acass or an employment Solicitor.

Have they mentioned redundancy at all, but dont think they could use that now with that sort of reaction.

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