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      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.  

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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.
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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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Terms of employment - is this unusual?


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I recently received an offer letter for a new job. One of the stated terms of employment is: "You may be required to work flexibly and/or additional hours may be requested for the proper performance of your duties for which you will receive no additional payment"

 

This role is salaried as opposed to hourly pay. Is this a statement typical of salaried positions or is it something more ominous? My primary concern is the 'additional hours may be requested' part - since it is a request does that imply that I can decline the request?

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Hello and welcome to CAG.

 

When I was salaried, nearly all my contracts had a clause similar to your one. Additional hours are supposed to be 'reasonable' I believe, although that's hard to define.

 

I expect the forum guys will be along over the course of the day with more informed views for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Agree with HB, not unusual at all...

 

The 'request' is likely to come at a time when the organisation is at a critical point like end of year / contract where additional work is required to complete all of the tasks required and to be fair, I'd think long and hard before refusing the 'request' if you see what I mean.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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the wording may vary but the essence is the same for most salaried jobs. Overtime may be paid if the extra hours are onerous. The flexibility should work both ways. Often core hours or duties are expressed and the rest is down to individuals to manage their time and workload

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You may also find that although any additional time goes unpaid, that you're able to accrue TOIL (Time off in lieu) and then recover hours worked at quieter times.

 

Watch that you're not going under NMW at any time too. Good luck in the new job.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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Depending on the company (usually in corporate-sized firms), I would find it more unusual for those terms not to be included in a contract. You will probably - and hopefully - find however that you are not often expected/required to do a significant amount of overtime, and it is just something they 'force' you to agree to initially to cover their backs should it happen in future.

 

It's not very fair in my opinion, but when there are several people competing for most jobs, they can unfortunately get away with it.

 

Hope it all goes well for you and it's not something you need to worry about. :)

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Ditto. Salaried, with a similar clause and not unusual to work 12 hours plus some days, but much less on others.

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As its hot and i've had a few "sherries" my reply must be read or sung to the tune of Mr Tom Jones

 

It's not unusual to be shafted in this way

It's not unusual for your boss, not to say ok

but when I see them legally withholding your.... salaried pay

It's not unusual to see me cry,

oh I wanna' die

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