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    • First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject. You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle. Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious. In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes. I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost. You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive. Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point. I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose. How long is it not been driven? Why is it not been driven by your son? Didn't you planned for the more expensive insurance premium before you bought it? I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it. Please be completely level with us and tell us if this forms part of your reason for wanting to return it. We need to know everything – straight dealing – so we can help you in the best way possible. Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose. In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them? You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost. It will be nice not to have to cross-examine your every detail. It will save a lot of time. Please have a look at this post carefully, discern the questions and address each one please.
    • I've now chopped the original statement as attached. I haven't included 'the law' as I assumed that was fully covered in my skeleton arguement, which I also assumed would be a supporting document in my bundle. Or should the two be merged? 22Jun24 anonymised completed WX statement @ 1843.pdf
    • Look at something like the attached format. your SOT is important and should be amended Template WX DOPS.pdf also yours is very waffle / too informal/ contains irrelevant info   try to cut it down - stick to the facts go through a timeline in date order of buying, dropping off, key tracking updates, delivered then focus on contact with P2G - nobody cares about the contact with EVRi in all honesty you need to put the law in - so s49, 54, 57, 72
    • Draft witness statement attached 22Jun24 Anonymised witness statement.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.

      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.

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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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Unlawful deduction of wages


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I am currently in the middle of an issue with my current employer.

 

My contract/policy states I am entitled to full company sick pay for upto 4 weeks, unless I am off sick 3 or more times in 3 months for 1 or 2 days at a time; or off sick more than 5 times in a year. The sickness year refreshes in February. I am also entitled to 8 days bank holiday as per contract.

 

On Bank Holiday Monday 6th May, I sustained an injury requiring me to visit A&E. I had damaged my foot, and was advised by the doctor not to drive or walk too much on it for 2-3 days, and to self certificate until I was fit to return to work.

 

I informed my manager on the Tuesday morning that I would not be able to attend work due to this injury. His reply was that this occasion would be unpaid, as the injury had occurred outside of work.

When I asked why this was the case - as company sick pay has never been dependent on how and where you sustained an injury or illness - I was told the company was using its discretion to not pay me. They also said I would not be paid for the Bank Holiday unless I could provide a fit note from a Dr.

 

I was told we could discuss this further upon my return to work.

 

When I returned to work, I had my first ever return to work interview. I was told that I would not be paid for the sickness absence because the manager on site had a 'suspicion' I had been off sick too much. When i argued against this case, I was then told it was because HR didnt want to pay me.

When I argued against this excuse by quoting the policy/handbook, I was told that I was 'probably right' and would be paid unless HR said otherwise as the site management were quite insistent on me not been paid. My manager then proceeded through the list of exclusions in the policy trying to find a reason not to pay me. ie "no I dont think we could use that reason".

 

A few days later, I received a response from the discussion my manager had with HR. I was told the policy was wrong, and I was only entitled to 3 periods of absence within any 12 month period - not between Feb - Feb as per the policy. I asked to see this policy, as the policy I was looking at was different.

 

A few days later I was presented with a slip of paper that I signed when I started with the company saying I agreed to the sickness policy. I was told this was proof that I should not be paid. I asked for a copy of this so called policy as I was not provided with a copy. Whilst waiting for this to be provided, I phoned central HR and asked for a copy of the sickness policy which applies specifically to me. The one they sent me states that I am entitled to 5 occurances of sick between Feb - Feb.

 

My manager then sent me a policy dating back to 2008 saying I was entitled to 3 occurances.

 

When I argued that the most recent policy applied to me, I was threatened with a disciplinary for alleged poor performance.

 

I sought advice from my home insurance legal advice helpline, and they told me that as my contract says I am entitled to 8 days bank holiday, they have to pay me whether I was off sick or not.

 

Also, as my contract states I receive full sick pay, I have a contractual right to receive this.

 

I passed this onto my manager, and was told that it would be reviewed, and I would have an update when possible. This was last week.

 

On Friday, I received my payslip and 4 days pay was taken from my wages. This consisted of the Bank Holiday & also the 3 days I had off sick due to the injury.

 

I asked my manager why this had happened, as it was still under discussion and he said it should not have been deducted and he would arrange for it to be reimbursed within the next day or two.

 

Today I received a letter handed to me saying I would not be paid for the bank holiday or the 3 days off sick.

 

It stated that the 3 days off sick - whilst the company do offer pay for sickness, there is no contractual right to recceive as it is at management discretion.

I was told the policy had been updated since the 2008 version, but the trigger points remained the same (they dont!)

I was told there was a pattern in my absence (there isnt)

And that I hadnt followed the correct reporting procedure (I have always emailed/text and offered to ring, but manager has always previously said the text/email was OK)

 

Ever since I first reported my sickness, the reason for with-holding pay has changed a countless number of times. It seems that the company are using whatever means necessary to not pay me for these dates, and have subsequently removed the 4 days pay from my wages.

 

Please could somebody advise me of the next steps to take? I have looked online and think I have grounds for unlawful deduction of wages. I have requested a formal grievance meeting regarding the entire situation, but the 4 days pay which has been with-held needs sorting ASAP otherwise I am going to be unable to pay bills.

 

EDIT - also my policy states my manager MUST hold a return to work interview - something which has never happened. I have also never been asked to complete a sickness form, and as such my manager is unable to provide me with a list of my absence and reasons for absence. From my memory, I have been off twice since January - but my manager is disputing this but still cant provide me with dates.

 

Thanks

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suggest you speak to ACAS, they give good advice on the phone.

Do you belong to a union?

Grievance meeting right step and should be heard by people not in your direct line of management.

policies are often changed during a period of employment however you should have a copy of these changes when introduced.

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I also forgot to mention, in my recent review - I was told nobody within my team (multi site) liked me and nobody on the site I work at liked me. I was the only person doing my job at the time on this site. In the past 4 weeks a new person has been recruited, and I know that this new person has been asked to report back anything I have not done correctly, or anything I have done that could be done better.

 

I am expected to be training this person, while he is reporting back on my weaknesses.

 

I dont belong to a union - my policy states the company do not recognise a union!

 

Im fine with the policies being changed, as the newer policy goes in my favour!

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Thanks for replies so far. I spoke to ACAS and also my home insurance legal advice helpline.

 

Both have said I have a case for unlawful deduction of wages, and next step was to give "notice of further action" giving my employers notice of 7/14 days before I take things further to a tribunal or anything else ACAS may suggest (guessing there arbitration service).

 

The 7 days notice I gave them is due to pass tomorrow, and I still have not had the deducted pay refunded despite showing in black and white that I am correct, I have had the reasons for withholding sick pay changed again for the 8th time.

 

I have also requested a formal grievance hearing, with a manager other than my immediate line manager due to the conflict of interest.

 

This has been scheduled for Thursday am.

 

My question is, as my 7 days notice will expire before the Grievance - and so far I have had no suggestion of the pay been refunded - should I proceed with next steps before the Grievance meeting?

 

If so, what next steps would be best?

 

Also - at my Grievance I am going to be asking for some form of goodwill gesture for the undue stress etc this has caused me. I have taken annual leave as realistically the company have made it impossible for me to take anymore time off sick for work related stress or such. I am therefore going to ask for a couple of days additional leave once I am proved correct.

 

Also credit card interest, and any bank charges - although I have been emptying my holiday savings to try and cover everything - but its now getting pretty close.

 

Thanks for advice

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