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    • judges will know the CRA. They can look it up if they need to Same with LPC (who will represent EVRI) You don’t need to send anything else to EVRI or the court no. Leciesters not really near but its not too far and unis out so might as well. what time is it may I ask?
    • Hi, thanks for letting me know.  I was just thinking that during the court hearing, how do i to refer to consumer rights act if the extracts are not in the court bundle that i submitted? @BankFodder's  response last week suggested that I would need to send something additional to the court, so am trying to confirm if there is anything I need to send to the court / Evri. Its next friday 7th June. Sure, its in Leicester. is that near to you?
    • Hi, im actually quick for once because its a bank holiday so no work anyway you dont need to write to anyone. Just bring it up at the hearing.   evri read this thread judges dont read emails   so nobody gains anything extra from any email you send.   Just leave it it’ll be ok.   Is your hearing this friday or next.   might come see it if its near
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    • Hi all, Just wanted to ask if there's any update/thoughts on Evri's defence (attached in post #246) and whether I should contact the court and Evri to explain that in addition to the 3rd party rights, I am also highlighting that the packink T&Cs which Evri provided in their bundle, details that there is a contract in place between a user (myself) and a transport agency (Evri) and therefore I am also claiming under the consumer rights act 2015? I'm thinking of sending an email to the court/Evri, but am not sure how I would add this as an amendment to my statement and court bundle which has already been sent to the court and Evri, and especially as the filing deadline has passed (was 24 May 2023). Any thoughts/suggestions are welcome. Thanks
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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.
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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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Suspension but i'm leaving under TUPE


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Ive been suspended today (for nothing criminal) but i know how to deal with that. My question that i need help with is that i'm on leave for a week, which they'll honour. Then the following week i'm leaving the company under TUPE-what happens to the process then as ill no longer be their employee?

Any guidance gratefully received

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They can carry on if the process leads to dismissal. Then they dont have to give you a reference etc. If it is a relatively minor thing they wont go through with much as it can only turn out bad for them with a possible ET claim sounless you think it could harm your prospects I wouldnt bother too much about it. They may be doing this just to get you off the premises until you go.

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Beware. The new employer has to take responsibility for any outstanding disciplinary matters, and the old employer has a legal responsibility to pass details on regarding these. The new employer can therefore confirm any suspension as soon as the transfer takes place, and proceed with disciplinary action as if you were still with the previous employer. The matter that you have been suspended for may SEEM trivial, but will the new employer agree with your view? If they don't, and it could be construed as a matter of gross misconduct, or could result in dismissal under any 'totting up' of previous disciplinary action, then the new employer could dismiss.

 

Agree with the above though - you need to present yourself for work and ask how they wish to proceed.

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