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    • Hi the police told me it was a company called Marsdens   Tlf
    • just a update, i did receive a email attachment:    Invitation to a Disciplinary Meeting Further to the investigation meetings which took place with me, on Friday 15th January and Wednesday 20th January 2021. I am writing to inform you that you are required to attend a disciplinary hearing with myself on Thursday 28th January 2021 at 10am which is to be held at our offices. The disciplinary hearing is being convened to hear the following allegations: 1.    That you failed to notify your line manager, in relation to your partner's COVID-19 symptoms, i.e. a temperature on 5th January 2021 and that you failed to self-isolate in line with Government advice; 2.    That you failed to notify your line manager of your requirement to self-isolate after you developed symptoms of COVID-19 i.e. a new cough on 6th January 2021; 3.    That you failed to notify your line manager, in relation to your partner's COVID-19 positive test and you failed to self-isolate contrary to Government advice; 4.    That your failure to self-isolate created a health and safety risk within your working environment, to your colleagues and to the wider public - in short, your actions and omissions created a risk, in which increased the likelihood of the spread of COVID-19 and put the health of your colleagues and the public at risk; and 5.    That in your acts and omissions as set out above you failed to adhere to the Company's health and safety policy, and the  Covid-19 procedure. That the actions referred to above constitute serious negligence. That your acts/omissions referred to in points 1,2,3,4 and 5 when considered cumulatively have undermined the Company's trust and confidence in you.   The hearing will be held in accordance with the ACAS Code on Disciplinary and Grievance procedures as far as reasonably practicable taking account the size and administrative resources of the Company. I enclose a copy of the code. During the hearing, you will be given the opportunity to respond to all the allegations above and put forward your case. The Company will then decide whether any of the allegations are well founded, and, if so, will decide on the appropriate sanction. This may include issuing you a warning and/or final written warning and/or if you are found to have committed gross misconduct dismissal with or without notice. To enable you to prepare for the disciplinary hearing, I enclose a copy of the following documents which will be used during the disciplinary hearing: •    Code of practice on disciplinary and grievance procedures; •    Companies Health and Safety Policy Document (October 2020 version); •    Companies contractors Coronavirus (COVID-19) Procedure; •    Copy signature sheet on Coronavirus (COVID-19) Update 06; •    Copy signature sheet on Fitness to Work Declaration; •    NHS COVID-19 test result for Girlfriend  and •    IMHS COVID-19 test result for You. If there are any documents, including witness statements, you wish to be considered at the hearing, please provide copies in advance, no later than close of business Tuesday 26th January 2021. If you wish for any documents to be considered that you cannot access, then please notify me so that, if relevant, these documents can be obtained on your behalf. If you wish to call any witnesses to the hearing yourself, please provide their names in advance by no later than close of business Tuesday 26th January 2021. The Company does not intend to call any witnesses to attend the hearing. You have the right to be accompanied at the hearing by a fellow employee or an accredited trade union representative, should you wish. You are responsible for ensuring that your chosen companion is aware of the date, time and location of the hearing. Please let me know in advance by close of business Tuesday 26th January 2021 the name of your companion should you wish to have one present. Please confirm receipt of this letter and your attendance at the hearing by the above-mentioned date, by contacting me via email. If you have any further queries regarding the content of this letter, please do not hesitate to contact me.        
    • Peter,   You are spot on.   Todays email.    Dear _______     Thank you for confirming that you are to investigate my allegations that the bank has breached Data Protection laws and also disregarded ICO guidance.   Further to my letter of complaint submitted yesterday 21/01/2021 I wish to include that in 2019 the bank rejected my claim that the balance was statute barred as of sometime in 2014. The bank never provided its reasoning behind the rejection other than implying that a termination was ‘never’ served in 2008 and that the balance was legally recoverable.   Could you please confirm whether you continue to believe that the balance was never statute barred pursuant Sec 6 para 3 Limitation Act 1980 as I believe your intention was to mislead and justify your continued regime off filing a status of 6 on my credit file.   Yours Sincerely
    • It seems to be epidemic. ahem   A record, stating payment arrangement or as in Pauls case condition 6 is put on the file ,then instead of dropping off after six years, it appears as a defaulted live account.  Which means that they record a default and also pursue the debt in court.  All because of what seems to me, to be an error in the GDPR drafting, or more likely translation from its German origin.   I had an argument on the phone with link recently about them recording an arrangement marker, then changing it to a default after six years. It was about the relative harm in recording markers when a default should have been registered.   He seemed the think the AR marker had little or no effect !!, when in many ways it is worse than an aged default. Because it means the subject has recently been through an assessment which confirmed all his disposable income has been used. so what would he use to pay off further credit? A default just indicates that sometime in the past there were problems.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Would Time Off work apply to this ?


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I have serious medical problem I cant travel myself to get diagnosed and was hoping my brother could assist with because its genetic . The problem is he says he works an irregular schedule and doesn't in advance if and when hes working until sometimes last the second.

 

This is in a job up in Scotland which he has roughly been working a year at .

 

Do statutory rights still apply in this case , and if so could it fall under time off for someone who is dependent on them ( as I am ) for 2 - 3 days ?

 

This isn't life or death but it is desperate given my circumstances.

 

thanks,

 

mike

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The statutory right to unpaid dependent leave is unlikely to apply here. It's time off for unexpected emergencies, and case law implies that it doesn't cover events you are aware of in advance.

 

Could he request annual leave? Or ask his employer what the policy is in such circumstances?

  • Confused 1
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Hi,

 

I tried convincing him , but its no use.. Ive basically just been betrayed as he has no intentions of even trying to ask and has not given me a reason - much less spoken..

 

thanks for responding though

 

mike

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I am not sure betrayed is fair. He has a life...

 

Does your condition have a charity or organization associated with it that could provide a companion?

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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