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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Can i make someone on SSP redundant?


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:-( Hi there,

Really needing help with this issue!

Currently, i own my own hairdressing business. I employ 4 staff members. One of my staff members had been acting inappropriately at work, e.g bullying other members of staff, personal appearance and attitude, turning up late for work, which forced me to give her a numerous verbal warnings. Almost 4 weeks ago now, she turned up on the busiest day of the week, seemingly under the influence of alcohol, i spoke to her about his and told her she will be given a final warning in form of a letter when she returns and was told to go home for the rest of the day. However, the next working day i recieved a phonecall from one of her family members informing me that she was not returning to work this week as she had a doctors line for "depression", it has now been four weeks, and she has provided more doctors lines to cover her off work with SSP for at least another six weeks. I have since been told by mutual friends that she is actively seeking another job and has no intention of returning, she has also been seen behaving drunk and disorderly in public, and due to the nature of my business, her clients have become aware of this and it is harming the image of my business. Is there any way i can dismiss her in grounds of redundancy as she is not bringing in any clients while off? I was wanting to dismiss her prior to this, but now i feel i'am stuck paying for her being sick (which is seemingly untrue) while she enjoys days off searching for another job? I have also discovered i'am pregnant and the stress of the situation is getting me down. I was just wondering if you could advise me on actions that i can take in this circumstance?

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I don't think this is redundancy.

 

How long has she worked for you?

 

Do you have an attendance policy and a code of conduct?

 

You cannot tell people they will be given a warning without a) an investigation and b) a hearing! Please go read the ACAS website and familiarise yourself with best practice. Why has she had numerous verbal warnings and none progressing to final written?

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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She has worked for me for around five years..

 

She has only ever had verbal warnings as she used to be a good family friend, and i thought i was giving her the benefit of the doubt, but now she has thrown that back in my face! I was also thinking about laying someone off before this situation arose due to the economic climate having a negative effect on my profits.

Is there anyway i can handle this situation, or do i have to just sit back and pay her SSP until she leaves whilst making a mockery of my business? I have tried to contact her to come in for weekly meetings to check on her progress and health and try to offer any adjustments, but she is ignoring all correspondance and avoiding any other employee/family member of mine also. (its a small town so everyone knows everyone).. i'am just very stressed with the whole situation!

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Ok. if you promise it really really is redundancy and you would be one down anyway - then you can make "someone" redundant. You need to select that person fairly. Absenteeism is a criteria you could use, for example. Or disciplinary records.

 

And you will need to pay them off.

 

Read this

http://www.thisismoney.co.uk/money/article-1648041/Redundancy-for-small-businesses.html

 

and this

 

http://www.acas.org.uk/index.aspx?articleid=1611

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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Just to add, don't blur the lines of misconduct with redundancy! That would almost certainly be unfair.

 

You will need to put all the employees with the same role at risk of redundancy and score them using measurable criteria. You can then make the lowest scored employee redundant.

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