Jump to content
  • Tweets

  • Posts

    • The letter has far too much in it – some of it is not relevant – and apart from anything else, if he didn't comply with the various things that you are saying, you wouldn't know what to do about it. The best thing to do is to keep it simple.    
    • The Chinese-owned app is tying up with Shopify to create video ads and hiring thousands of engineers. View the full article
    • Hi Everyone, hope you are all keeping well in this strange new era.   On the 17th Sept, my friend booked a delivery to send a parcel to the USA, a vintage sewing machine. The collection and delivery was booked through MyParcelDeliver.Com, and UPS was the chosen courier. They collected it about four days later.   He paid for additional insurance along with the transportation of the item, to the tune of £128.75.   He packaged the parcel very well, packed with bubble wrap and paper and also styrofoam so that the sewing machine was safe in the box. He placed some plastic wrap over this, and he then sealed the box with tape. He videoed this for the buyer, so she could see how well he had packed the item because they were both concerned about the package being well protected.   The item arrived in the USA a few days later. The buyer instantly notified my friend that the parcel packaging was damaged, showing stress from water and general mishandling, and the item was also damaged in various parts, mainly the casing and the base.   He complained to MyParcelDelivery.Com on the1st October, they responded with 'You need to contact UPS...', which he did and also the buyer contacted them and got a response on the 2nd October.   UPS informed the buyer they would like to come and take a look at the packaging and the item, and this is the last she heard from them, she has called them several times, and always they say someone will call tomorrow and no one calls. She called my friend to ask if he could call them too and chase them up, he is Italian, and though he speaks English generally well, he asked me to talk with them on his behalf because he felt they were not listening to him or that he was missing something.   I spoke with them on the 26th October, they said they had sent my friend an email about this, we checked all of his emails, junk/spam too. There is nothing in there, I asked them to resend it, but nothing has appeared despite them saying they have sent it, we know they have the correct email address because they sent a message on the 2nd confirming they are looking into the claim of a damaged package, they also said they were planning on calling the seller 'again' on the 27th, which of course never happened, which she confirmed with me on the evening of the 27th.   Now it would seem to me that MyParcelDelivery is trying to say it has nothing to do with them, despite the booking being made through them, UPS US are pretending they are doing something but have so far done nothing, and we have heard Zilch from UPS UK.   I would like, if possible, some guidance on how to go about getting this resolved because this is just not right, the agent/courier have had their money, but the seller and buyer have been the victims of poor service and damaged goods.   If anyone could point us in the right direction on how to tackle this and get some redress for this, then I would be most grateful.   Thanks and kind regards   Mr B                 pox.pdf
    • From December, NS&I is phasing out posting warrants - a type of cheque - to winners. It instead wants bondholders to provide bank details so it can pay the money into their account. View the full article
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
      We had a 10yr  finance contract for a boiler fitted July 2015.
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
      You only have to look at TrustPilot to get an idea of what this company is like.
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Unfair or Constructive Dismissal - Do I have a Case?

Please note that this topic has not had any new posts for the last 2651 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi hope someone can help as I have a big problem going on with my employer (possibly former employer very soon).


I was dismissed from my workplace of almost 3 years yesterday at a disciplinary hearing.


To give you an idea of the entire story I will list the events as they happened.


Employed for 3 years and have never missed a single shift. There are few people more flexible in accepting short term changes to rotas and I was promoted to a more challenging role last year after being asked to apply based on my performance over the previous two years.


It all started when I was caught red handed with my mobile phone in the workplace which is a complete no no and received a verbal warning. I was completely in the wrong and fully accepted my punishment. One problem which arose was the fact that the warning was issued by a supervisor while the manager was on holiday and the punishment should have been in the managers eyes a written warning but nothing she could do as the process was complete by the time he returned.


About 2 months later I was reported by the H&S official for driving a forklift with an out of date safety check ticket. I was sent home and returned for a hearing the next morning. They were determined to throw the book at me however I managed to clearly prove I had done the checks on the day and simply dated the signature incorrectly. I dated it wrongly for the previous day, a day which I was not on shift. I was told no further action would be taken and there was no case to answer. It was a simple administrative error on my part.


Around 1 month ago I was called to the managers office and asked for my version of events regarding stepping off a moving forklift (stand on type). The forklift is fitted with a dead man brake and would continue no more than 1 foot forward given the speed it was allegedly travelling at. This was allegedly witnessed by the same H&S official who claimed when he confronted me I replied with a tirade of abuse and basicly told him to F Off. I was not in the stated area on a forlift at any time within hours of the alleged incident and there were no witnesses to either the incident or the alleged communication between myself and the H&S official. My defence was simple and straightforward. It was not me, I was not there and I know nothing of the whole thing.


I was instantly suspended pending the investigation and when it came to the hearing I was told there were 8 individuals who saw me on a truck at some point. The vast majority of these did not want to sign any statement.


I was given a final written warning despite my protest. I had the right of appeal but I was strongly warned against it by the union official and other trusted colleagues as the punishment could increase and see me dismissed. I reluctantly took their advise and vowed to keep my nose clean and get the head down. One point I complained about throughout the hearing was bringing up the forklift ticket incident where I had already proved and had it accepted being presented at the hearing. I told them this should not be part of the hearing but it made no difference.

Last week I was sat on a forklift waiting to use an item of machinery. I was travelling at less than 2 mph when I made a two handed gesture to my colleague encouraging him to hurry up as I was under pressure to maintain supply to a machine. This two handed gesture was witnessed by a shift supervisor who pulled me up at the time for driving all be it at this crawl of a speed with no danger of striking anything without at least one hand on the steering wheel. He assured me it was just a verbal warning between him and me and would go no further. I was pulled in later that day and suspended on the back of the incident.


My hearing was yesterday and once again the forklift ticket incident was brought into the proceedings and again I stated it should not have been. I was told again that I was in breach of H&S and the outcome was dismissal.


I still have an appeal process to go though but I feel as if I am very much being victimised here.


If the appeal fails can anyone see any grounds for taking this through a tribunal. The alleged incident with the H&S which resulted in the final written warning had no witnesses and was a simple case of my word against theirs.


Any help would be great as it feels like my world is falling apart.

Link to post
Share on other sites

Talk to your union rep. and see what they say or speak to ACAS ( good advice over the phone ).

If you think you have a strong case take them to an Employment tribunal for a hearing.

Link to post
Share on other sites

Thanks for the reply raydetinu.


I am not a member of the union however I have taken lots of advice and used the union rep as an independent witness at all stages.


His advice at the last stage was to with hold any appeal and look to move on keeping my nose clean. In hindsight this was probably the wrong thing to do as I find myself in the current situation.


This comes down to my word against the H&S reps and they believed him. No witnesses, no signed statements nothing to back up either side of the story.


I think I would have a strong case but was having never been in a situation like this I was looking for others opinion on the strength of my case. I was going to wait till after the appeal before contacting ACAS.

Link to post
Share on other sites

I'd say you weren't in control of that vehicle and that you should have known better after being checked on for health and safety beforehand.


Where I work it'd be a dismissal, no argument about it.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites
I'd say you weren't in control of that vehicle and that you should have known better after being checked on for health and safety beforehand.


Where I work it'd be a dismissal, no argument about it.


Despite the vehicle travelling at less than a slow walking pace in a straight line with no obstructions within at least 4 metres of the FLT? I would expect it would be more difficult to prove the vehicle was out of control. Remember the shift supervisor who witnessed this saw it as no more than a fly in my ear which was accepted.

Link to post
Share on other sites
Despite the vehicle travelling at less than a slow walking pace in a straight line with no obstructions within at least 4 metres of the FLT? I would expect it would be more difficult to prove the vehicle was out of control. Remember the shift supervisor who witnessed this saw it as no more than a fly in my ear which was accepted.



Y'know, I've no time for this arguement. It's a "but I only had two pints" arguement. Call the HSE and ask if they approve.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites
You asked for an opinion and you got one!


I was kind of hoping for a pointer regards the whole situation as opposed to the one point.


My main concern is over the way I was moved from verbal warning to final written warning over an incident that had no witnesses whatsoever. Essentially that placed me at the edge of the cliff when last weeks incident pushed me over.


Last weeks incident on reflection I have no argument about. I have already admitted to driving without any hands on the wheel - a breach albeit the risk was minimal but a breach nevertheless.

Link to post
Share on other sites

As you have described the events, it does sound a bit harsh! however have they followed procedure as set out in the contract regarding discipline and actions etc.

If you think you have been treated unfairly then speak to ACAS, then consider a tribunal hearing.

It is difficult to advise any further as there would be no point.

Link to post
Share on other sites

Hi and sorry to hear the bad news.


It seems from your chronology that you were on a FFWW when this happened.


The question will be can you 're-open' that, because if not a further (alleged) H & S breach may be enough for a cumulative warnings dismissal.


As to a recent case on this issue, and whether an employer's reliance on a written warning may be challenged in an unfair dismissal claim?


It was held that only if it was issued in bad faith or manifestly inappropriate,by the Court of Appeal in Davies v Sandwell.


Just google the case name.



...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

Link to post
Share on other sites

In Davies vs Sandwell the ET failed because the claimant had not pursued her appeal of the FWW... much as here

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

The incidents do sound quite minor the way you describe them in your post. However it seems the employer does not see it that way. Four H&S warnings in as many months is much too many.


Based on your post it sounds to me like you have been treated harshly. Probably not harshly enough to merit an Employment Tribunal claim, but harshly enough to make an appeal worthwhile. If it was me I would try to appeal while searching for another job.




Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...