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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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Apprenticeship dismissal 3 weeks in


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Hi All

 

My son left sixth form 3 weeks ago to start an Apprenticeship with a local established company.

 

At the end of the day yesterday, he was told that his apprenticeship was terminated with immediate effect as he was "under performing".

 

This has come as a total shock. He has only been there three weeks. He has had no issues/warnings etc. He has no time keeping issues, no days off, nothing. He was even paid a bonus this week for recruiting new clients.

 

They would not elaborate on the "under performing", just that they are a professional company and he is not working to their standards. He pointed out he was taken on as an apprentice straight from school. He had one days training, then was put on the phones.

 

I could understand if he had a qualification and was taken on as a full time employee with experience, but he is only an apprentice and requires training?

 

He cannot go back to school as he has missed near on a month and AS exams are imminent.

 

He and his employer signed a contract of employment for apprentices (fixed term)

 

Does he have any rights?

 

Many thanks.

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surely he and his employer and the education provider were parties to the contract, yes?

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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W96: He will generally be considered an employee and have the same rights as others at that placement. However those are legally limited within the first two years of employment. His conditions of employment- and the termination thereof- should be in the contract you say he has signed.

Why did he 'leave' VI Form rather than train / study simultaneously?

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Hi

 

There is a probationary period clause in the contract which states the Employer reserves the right to terminate employment within the probationary period where it considers the Employee has not and is unlikely to attain the necessary standards to complete the Apprenticeship programme.

 

He has good gcses including Maths and English, so was told he was qualified for NVQ 2.

 

He left sixth form as he changed his mind about going to uni. Unfortunately, we thought an apprenticeship was the way to go.

 

Thanks again

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I'm going to point you to an article that guves you some additional checks to make on the contract

 

Hopefully it's one where this applies...

 

" If the apprentice commits misconduct or breaches the apprenticeship contract, this does not necessarily mean the employer can stop the training. The misconduct has to be so extreme that it means the apprentice can no longer be taught the trade. They can only be dismissed fairly for misconduct if they are effectively unteachable."

 

http://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2013/08/27/get-your-apprenticeship-rights-straight.aspx

 

Please check your home insurance for legal cover, I think it would be useful to know you have back up!

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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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" If the apprentice commits misconduct or breaches the apprenticeship contract, this does not necessarily mean the employer can stop the training. The misconduct has to be so extreme that it means the apprentice can no longer be taught the trade. They can only be dismissed fairly for misconduct if they are effectively unteachable."

 

Yes, the question there is of course is- who defines 'effectively unteachable;' it is unfortunately his employer, as his contracts implies:

 

There is a probationary period clause in the contract which states the Employer reserves the right to terminate employment within the probationary period where it considers the Employee has not and is unlikely to attain the necessary standards to complete the Apprenticeship programme.

 

Luck

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Yes, the question there is of course is- who defines 'effectively unteachable;' it is unfortunately his employer, as his contracts implies:

 

It'd be the court who had final say.

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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Thanks for the responses.

 

Looks like they have themselves well covered then. I am just shocked they have not offered him any more help or training. The job is basically just cold calling, not exactly rocket science.

 

As an aside, the apprentices were called to a meeting a week ago by the Director saying the training company could be having funding cut, but they would not be "dropped in it" and he would continue paying them. Just seems strange timing to me.

 

Thanks again

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I don't think they do have themselves covered; believe me, I've tried to dismiss the worst time keeping, rudest apprentices and haven't been able to. Not legally anyway!

 

Do check if it is a contract for training or for employment; get it looked over.

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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I don't think they do have themselves covered; believe me, I've tried to dismiss the worst time keeping, rudest apprentices and haven't been able to. Not legally anyway!

 

Do check if it is a contract for training or for employment; get it looked over.

 

Thanks again for your input Emmzzi.

 

I have made email enquiries to some local solicitors who deal with employment law. Maybe they will give me more of an idea of what sort of contract it is.

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