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    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
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    • Thank you for explaining my options it makes me wonder whether they know all of this and thats why theyre being so cocky and evasive. I have one of their names so I'll try and find where they live but i was hoping to ' Force' their hand and go for a Particulars of claim letter and then wait till the 7th day of that when theyd have no more time to waist and they would cave in and refund ... They definitely have something to do with Techzone Buxton as he has given a review on his FB page ... Ill have to have a drive up to the address on Companies house page  
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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.

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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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TUPE to newly created company within my current company


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Hi there

 

I am one of a number of employees that will be TUPEd into a new company that was created to 'hive off' part of the business and provide a specific function. The function is moving it's head office to a part of the country with low wages - cost cutting is the primary reason for these TUPEs and proposed redundancies.

 

There will be over 200 of us TUPEing and we have been already told that there will be redundancies as part of the process (as some of the roles have simply too many people assigned to them).

 

The process has been going on for some time and information has been trickling out at a fairly poor pace. Any information we have received has been of poor quality and some of the information has simply been incorrect. We dont even know where we might be based as yet.

 

Can anyone confirm the answers to a few questions, the above info (or about the process in general) please?

 

- If we choose to TUPE and do not like the roles that we TUPE into, do we have 30 days to try out the role and are we legally able to choose to take redundancy if we do not like the role.

 

- We are worried (collectively) about benefits received at our originating parts of the company and that these will disappear over time after TUPEing. Are company cars, pensions (and contributions), holiday entitlements protected? If moving to a new role within the new company, can we potentially lose them?

 

- We have heard that certain salaries within the same role type will be frozen to allow other salaries within the same job type to catch up. Is this legal? It amounts to an effective pay cut for some.

 

- We are also worried that in a lot of cases, the company is not replying to some requests for information and seems to be not too keen to put certain information down on paper. Should we be and are there any legal protection for employees on this?

 

Many thanks for your time.

 

GB

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Hello and welcome to CAG. I hope the guys will be along over the course of the day with advice for you. Not everyone here understands TUPE, myself included, but we have people who do.

 

You might also have a read of the ACAS website and ring their helpline for further information.

 

My best, HB

Illegitimi non carborundum

 

 

 

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- If we choose to TUPE and do not like the roles that we TUPE into, do we have 30 days to try out the role and are we legally able to choose to take redundancy if we do not like the role. No, you are thinking of the suitable alternative employment process. if you TUPE you TUPE unless an additional clause is negotiated.

- We are worried (collectively) about benefits received at our originating parts of the company and that these will disappear over time after TUPEing. Are company cars, pensions (and contributions), holiday entitlements protected? If moving to a new role within the new company, can we potentially lose them? It depends if they are contractual or not. Holidays and pensions usually are. Cars, not so much. They are also mot protected forever - contracts can be varied later.

- We have heard that certain salaries within the same role type will be frozen to allow other salaries within the same job type to catch up. Is this legal? It amounts to an effective pay cut for some. Yes.

 

- We are also worried that in a lot of cases, the company is not replying to some requests for information and seems to be not too keen to put certain information down on paper. Should we be and are there any legal protection for employees on this? There should be consultation. Is your union doing this? Why are you not asking your union these questions?

Many thanks for your time.

 

GB

 

in blue!

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

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Thanks for the reply..

 

1. So if you TUPE into a matched role, you cannot opt for redundancy - even if the 'matched' role is not what you had been doing previously?

If you are offered an alternative role, you can opt for redundancy, correct?

 

4. Unions.. I wish. Our part of the company (apparently) doesn't recognize the union that we could use - the communication workers union. I think there are about 2 out of 200 people that are - and these are in the parts of the business that do recognize the Union.

This basically means we have little-or-no good, unbiased advice.

...Which is why I am posting here! :)

 

Any other tips or advice appreciated about this process. Any gotchas we should be looking out for?

 

GB

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TUPE is designed to keep you in employment, not give you what you want.

 

so if the role is "fairly" similar, yes, they can (and in fact have to) put you in it.

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

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