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    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
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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.

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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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I think my boss is bullying me


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I have worked in my current job since June 2012, I didn't have any problems until we moved premises. Since the move I feel I am being bullied and harrassed by my manager.

 

The old premises had a stock room at the back of the shop which made life easy if a customer wanted us to have a look for an item of clothing. Now we have an offsite stockroom which is very cold and does not have a lot of space to work in. I am regularly over in the stockroom with no protective clothing. I have to wear leggings under my trousers and use my own thick coat in an effort to keep warm. I have stubbed my toes a few times on the large runner rails (clothing rails with wheels on) when going to answer the telephone in the stockroom. I have to wear my own trainers in the stockroom as my work shoes would be very cold.

 

Last week before the end of my shift a customer asked me to look for a pair of jeans, I told my manager I was going to look for a pair of jeans and I took the key for the stockroom with me, I looked for the jeans, did not find what the customer wanted and went back into the shop. I told the customer that I did not have the jeans she was looking for then I went back over to the till point and put the stockroom key back in the cupboard. I then gathered my things from the staff room and met up with my mum. My mum had bad news that my Aunt had passed away and I was quite upset.

 

About 90 minutes after I finished my shift my manager telephoned my mobile and asked if I had the stockroom key. I explained i did not have the key as I had put it back in the cupboard. My manager told me that I was the last person to have the key and that I must have put the key in my pocket and took it home. I told my manager that when I had last been to the stockroom i did not have my coat on, she replied that I must have put the key in my trouser pocket, i told her that was impossible as the trousers I had been wearing that day had no pockets at all. My manager then told me that she would have to report the missing key to the Regional Manager and she would be telling him that I was responsible for the missing key. I again told my manager that I had put the key back in the cupboard but she would not listen to me. My manager said I would be hearing from the regional manager in due course. I replied fine and she hung up on me.

 

I then remembered that my mum and sister had been in the shop to meet me at the end of my shift. I phoned my mum who remembered me going to the cupboard behind the till and opening the cupboard, putting my hand in then closing the cupboard. I then tried phoning my manager back but the line was engaged. A few minutes later my mobile phone rang and the caller ID said it was my work. I answered the phone and it was one of my colleagues. It turned out that my colleague had the key in her pocket all along and that I had put the key in the cupboard when I had finished with it.

 

I wasn't at work the next day but I was back in on the Thursday. My manager was in and I thought that she might apologize to me. She never apologized but I informed her of my Aunt's passing and that the funeral would be the following Friday. I asked if my manager could re-arrange my shift for another day as I really want to attend the funeral. She told me she would see what she could do. I still don't know if my shift has been changed.

 

We used to get stock delivered onto the shop floor and I have been appointed to sort the delivery out including counting everything, removing plastic, security tagging the clothes and separating new lines from the delivery. I try to do as much as I can but it is not easy when it is very cold. Today the delivery was in the stockroom and I started dealing with it as usual. It was not easy with staff members coming in and out moving me out of the way while they gathered stock. Then other staff phoning up asking me to find clothes for customers. Out of 3 rails of clothes (over 500 items in total) i completed 2 and 3/4 rails and that was even after working 20 minutes over my shift. I didn't have my phone or a watch with me so I had no idea of the time until a colleague came over and told me.

 

I went back over top the shop and went to gather my things, as I was about to leave the assistant manager told me to hang fire as my manager wanted to speak to me. So I waited until my manager was finished on the phone and she ushered me into her office. She was not happy that I had not finished the delivery within the 4 hours I was in the stock room. She told me she expected me to complete a rail and hour and she wanted to know why I could not do this when other members of staff could. I told her it was very cold and that the delivery driver had crammed the stock onto the rails so I had moved some of the stock to make room so I could access the clothes, remove the plastic and attach the security tag. I also tried to explain that there were a lot of trousers on the delivery that had to be removed from the rail, folded to fit the hanger then tagged. I told her that this takes longer to process the delivery than I would like. My manger told me that the regional manager expects me to complete a rail an hour at least and that I need to think about that when I am sorting out the delivery. My manager said she could do it.

 

I work as hard as I can. I really love my job but it's not easy working with my manager as she always seems to be having a dig at me. Other staff members have mentioned it too.

 

Can anyone help?

:cool::cool: Blondmusic :cool::cool:
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Sometimes I nice email to their manager can sort you out. I worked for a large pub chain before and my manager was giving me grief so I emailed the regional manager compalining about the way he treated me. Things soon changed. Might not work for eveyone but just a suggestion. Just remember don't leave anything to insulting in your email/letter because they might get to read it.

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