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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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i require some help and information about Constructive Dismissal


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Hello and welcome to CAG.

 

The way to get advice is to tell your story to the guys on the employment forum here. I'll move your thread to that forum and leave a short term redirect here. If you post again on this thread, it will show up in the right place in a mo.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I worked for the same company for 18 1/2 years but during the last 2 years i had 3 line managers, the last being female and nothing short of a witch. As far as i am concerned she was nothing short of being a bully. She would say my work was wrong, she would blame me for mistakes made by others, she started to monitor my emails, she threatened to sack me twice, she accused me of wasting company time, sending personal emails in company time and told me the company could not trust me. When i complained to a director i was told nothing could be done. when i previously made a grievance report over other incidents nothing was done - the company never even acknowledged the grievance. I have had my contractual sick pay stopped when the stress of work got too much. In November work was taken off me because i was incompetent but that work has been given to another member of staff that i taught and they are doing the work the way i taught them so it cannot be wrong!! After i was accused of sending private emails and again being threatened with disciplinary action i chose to quit!!

 

I have taken the steps to go for constructive dismissal and now have a court date but i am now a little confused.

 

In a response from the tribunal "case management orders" a time scale has been laid down ans the first part refers to myself and it states:-

 

The claimant shall set out in writing what remedy the tribunal is being asked to award. The claimant shall send a copy to the respondent, The claimant shall include any evidence and documentation supporting what is claimed and how it is calculated. The claimant shall also include information about what steps the claimant has taken to reduce any loss [including any earnings or benefits received from new employment].

 

what the hell does that mean!!! I have already stated in my claim that had i been made redundant i would have been entitled to 24 weeks redundancy pay [due to age and time] plus 12 weeks severance pay thus i wanted 36 weeks pay as compensation.

 

my question therefore is how am i supposed to respond to this.

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You need to draft a schedule of loss indicating exactly what you're claiming, with a breakdown.

 

It could include a basic award (equivalent to statutory redundancy), loss of statutory rights, notice pay and lost earnings under the compensatory award, plus any other loss of benefits you want to claim. You will later need to show evidence that you've mitigated your loss by searching for alternative employment.

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You need to set out exactly what you are claiming, including the relevant amounts. I attach a simple Schedule of Loss that you might find useful. Not everything in there will be relevant to you.

 

An award for constructive unfair dismissal would include a basic award calculated according to a statutory formula, plus a compensatory award designed to compensate you for the economic losses you have suffered due to the dismissal (mainly loss of wages). You are obliged to minimise that loss by searching for a new job. The basic idea is that you can only claim lost wages until you find a new job, and if you don't take proper steps to search for one your award will be reduced accordingly.

 

Why are you claiming a redundancy payment? This doesn't sound like a redundancy situation.

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having been there for over 18 years i am the longest serving member of staff the company has, they are deliberately targeting people to get them out to avoid redundancy pay as the company are in trouble financially their aim is to avoid paying out redundancy pay. other people have been moved around for example the senior works foreman has in effect been demoted to goods inwards clerk. the same thing has happened with the production manager. one of these has now been told his job is no longer viable and is being made redundant. i feel they have bullied me out so as to avoid paying out redundancy pay. The last time i was unemployed it took 4 years to get a job and that was in the last big recession late 80's today i am well into my 50's so it will be considerably harder to find work.

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I think you are undervaluing your claim. Regardless of the redundancy situation, forcing someone out of their job through bullying is unfair dismissal. The damages you would get for unfair dismissal are more generous than statutory redundancy pay. For unfair dismissal you would get three things:

- Notice pay (12 weeks).

- A 'basic award' which is calculated in an identical way to statutory redundancy pay, so 24 weeks assuming your calculations are correct.

- A compensatory award to compensate you for any losses you have suffered. The main loss will be loss of wages. If you find it difficult to find another job you are potentially looking at 6 to 12 months of lost wages here.

 

By treating this as a pure redundancy you would miss out on the compensatory award. The compensatory award is given in addition to the basic award, they do not overlap. Personally I would complete the template I posted on the basis of an unfair dismissal claim including notice pay, basic award and compensatory award.

 

Once your Schedule of loss has been sent to the Respondent you could think about offering to settle your claim, either through ACAS or by writing a separate letter to the Respondent headed 'without prejudice'. You might start negotiations by offering to settle for the 36 weeks you started with. It is sensible to make a settlement offer because constructive dismissal claims can be quite difficult to prove.

 

The Respondent could perhaps make a technical argument that you have now missed the time limit for bringing an unfair dismissal claim, and so you should be restricted to claiming for the 36 weeks you originally asked for. I think this argument would be unlikely to convince the Tribunal because, although your ET1 does not ask for the full whack, the nature of your claim (constructive dismissal) is very clear.

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your reduction of loss = signing on amount.

 

I think you need to be more specific on bullying behaviour. What I read from the above is someone who wanted you to adhere to a company policy on uze of email (probably) and managed your work, finding errors and asking you to correct them.

 

You need specific examples of things said and done, with the words used and actions taken. A diary of events would be perfect. do you have that?

 

The fact that she was female is irrelevant, it makes you sound sexist. I'd be removing that from any submission to the ET.

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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I am saying constructive dismissal as there is a complete breakdown of trust between both parties.Yes i have a diary of events that indicated what was said. i have witness's that are not prepared to stand up as they fear for their own jobs - which i have in email form as evidence. i taught the others in my office to do the job they are doing. my emails are being monitored but not my colleague who does the very same job. I am blamed for mistakes but my colleague is not. I was blamed for another manager seeking help with his job and even he says that is complete crap!! I was publicly chastised for sending an internal email containing a joke that my supervisor consider to be offensive but when someone else did the same thing and i complained there was no action taken. Work was taken off me as i was allegedly doing it wrong but the person i taught has confirmed she is doing it exactly the way i taught her - she has not been given any other instructions. I was off sick for 4 weeks and my contractual sick pay was stopped but when my colleague was off for 6 weeks his contractual sick pay continued. My line manager has openly told me that she does not trust me. She has previously threatened to sack me not once but twice. the final straw came when i was accused of sending personal emails, making personal purchases in company time and having had 9 complaints made against me which the persons allegedly making the complaints vigorously deny!! that to me is bullying!! that is why i quit and that is why i am pursuing constructive dismissal

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Thank you for the explanation. I am not sure whether you need any more advice on this as I think your question about the Schedule of Loss has been answered and template provided? Let us know if you need any further help with this.

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with respect to personal emails - absolutely not, whilst they may have contained personal details as i get on with all my suppliers they were business based - besides i can prove the company are aware of others sending emails out in company time that are not business related and they are not being victimised.

as for personal purchases - technically yes i did - but the company authorise me to make private purchases for other members of staff in company time - the only difference is that i paid for mine in cash whilst the others put it through the company books to avoid vat and i have documentative proof of this fact

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