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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
    • I feeling very humbled by EVERYONE taking time to respond to me, thank you. On balance it seems the best bet is to wait it out. Cheers. 
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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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Overtime "from time to time"


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Hi,

Is anybody able to please give me some guidance on my situation with overtime.

 

I work for a maintenance company that deals with 'emergency' works.

We have 2 situations that overtime occurs:

- That at any time we are working, or on our way back to the office in an evening we can be called upon to attend new jobs, pushing us into overtime,

- That you are given more work in a day than you can physically complete, again pushing into overtime.

 

We are paid for this overtime (apart from 2 scenarios - 1. You get home early due to lack of work, spend 3hrs at home waiting for the phone to ring, the phone rings and you're forced to go back out with 30min left of your shift, they stop the overtime by 3hrs because you were at home for that time. 2. You get back to the office and clock out, they check van tracking to make sure that time between van arriving and clocking out card stamp is reasonable, and dock pay if they think not).

 

 

I digress, I had a run in with a manager today because I was not happy doing overtime as my jobs had been booked in assuming I would work later.

I said to him/her that my contract says from Time to Time, he said yes. I asked him what that means, he said what ever you interpret it as, but I need you to go.

To me it's a bit loose.

I've included quote from my contract below.

 

Ultimately I wish not to do overtime but am prepared to do it occasionally. The management feel that the overtime entry in my contract gives them license to control my life around work, and worryingly I think they might be right.

 

I will give my 3 months notice to opt into working time 48hr rule, but it probably won't affect me as in a 17week period I don't think I hit that limit.

The problem I have is that for 8 days I can't make any plans, incase I'm called upon to work.

 

Thanks for reading,

S.

 

P.s. I didn't go in the end, I asked if I could meet a colleague halfway to transfer stuff from vehicle to vehicle but ultimately he couldn't complete all of the job as he needed 2 people.

 

You will be required to work on any shift system used by the Company from time to time

including any night shift. The company reserves the right to require you to change shifts

(whether or not this will result in a reduction in wages). The Company will require night shift

workers to undergo a medical examination by the Company doctor at any time.

 

The Company currently operates an Eight days on early shift (Shift 1), and four days off

shift, system (“four day shift system”). Your normal hours of work on this shift system during

Shift 1 will be from 9.30am to 6.30pm. You will then be entitled to four days off subject to

the call-out and other requirements set out in this Agreement. There is an unpaid rest break

of 30 minutes each day on Shift 1 which you are required to take as a rest break under the

Working Time Regulations. You will also be required to work different, or any additional,

hours including overtime as required by the Company from time to time.

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Sheila, sadly I think you are right and it is all above board. Do you have any caring responsibilities that would allow a flexible working request?

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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Emmzi I have no caring responsibilities and therefore no reason for a flexible working request.

 

"From time to time" is such a vague term - who is to say the company's interpretation or my interpretation is right.

I have searched online but don't find anything - I thought there may be some cases where this term would have been tested in court, but can't find anything.

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Emmzi I have no caring responsibilities and therefore no reason for a flexible working request.

 

"From time to time" is such a vague term - who is to say the company's interpretation or my interpretation is right.

I have searched online but don't find anything - I thought there may be some cases where this term would have been tested in court, but can't find anything.

 

It's basically standard contractual wording. I would suggest that overtime is still subject to being reasonable, but looking at the contract and my knowledge of the industry, I don't think it's unreasonable... Yet!

 

The other point is I believe you are only required to give one weeks notice to opt back in to the 48 hour maximum week.

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