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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Equality Act 2010 - section 15 guidance needed please

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Emmzzi

Emmzzi

Posted
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An increased allowance would be reasonable but not *all* absences to be discounted. If it's eight weeks plus a phased return every time she is ill it's averaging at 3 or so weeks a year that she isn't in work full time. If she was off for 8 weeks, back for 22 months, off for 8 weeks, again, that's high even with adjustments.

 

There's no magic formula that says what is reasonable however; it is case by case. My usual question is "are you doing everything you can to stay in work"? eg people with fatigue conditions shouldn't go to all weekend raves then call in sick...

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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Emmzzi

Emmzzi

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when was her last occupational health appointment? and what did the report 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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Emmzzi

Emmzzi

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but it did not suggest altered trigger points for attendance management? that's a problem

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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Emmzzi

Emmzzi

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those policies can all be in place at the same time. They are compatible.

 

OH don't take sides per se. So do ask the question of them.

 

How many weeks has she had off sick and on short hours in the last 3 years, all in?

 

Don't go the greivance route if sick discounting is "managerial discretion" and there's no Occ Health guidance. Appeal against attendance policy is the less irritating route for the boss - and you need the boss on side or life will be hell.

 

It's also possible a warning is entirely appropriate. If it is - there's no point kicking off.... just head down and stay in work by whatever means possible

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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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Emmzzi

Emmzzi

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So she's hitting about 3.5 weeks a year off, plus the same amount in rehab hours?

 

I would say a warning is reasnable and to be expected. Personally I would advise her that way, thinking of her stress levels. Startig an unwinnable fight probably won't help.

 

The question the employer will ask is, "is she fit to fulfil the terms of her contract"?

 

If you can get some changes to make that easier for her, terrific.

 

Has she thought about part time hours?

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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Emmzzi

Emmzzi

Posted
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http://www.personneltoday.com/hr/legal-opinion-the-new-disability-discrimination-regime-under-the-equality-act-2010/

 

However it is not a catch all to stay in employment if unable to fulfil the terms of your ontract... I don't think it is the nirvana you are hoping for.

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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Emmzzi

Emmzzi

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The course of action there would be an industrial injury claim, which is near impossible to prove (but not totally impossible) for mental health issues

 

.It does not mean they cannot progress with an attendance management procedure.

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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Emmzzi

Emmzzi

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Do let us know how it goes and ask more questions if you have them.

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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