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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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      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.

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      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.

Employer forcing employee to take holiday

Welsh_Boy
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Welsh_Boy

Welsh_Boy

Posted
Posted

Wonder if you can help. My daughter works in a restaurant and has four days holiday entitlement left for this year, until it renews in March. Her employer has asked her to take two days annual leave during half term, purely so that he can pull in a part time member of staff so they can have extra hours.....

 

Now I understand that the employer can determine when to take holiday for shift patterns, company shutdowns etc, but to drop her in favour of another member of staff?

 

Advice sought ;)

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king12345

king12345

Posted
Posted

They do this in our company.

If you have leave left at the beginning of January, they allocate it to be taken before the end of February because they start a new cycle in March.

I make sure that I allocate all my leave early in the year so I don't have to take a dead week in February at their will.

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Sidewinder

Sidewinder

Posted
Posted
Why do I think that it's in favour of a part time member of staff? Because he told her straight. She has to take two days off so another member of staff can work it

 

The facts appear to be that the holiday is owed and must be taken before the end of February. If the holiday had not been booked for a time convenient to the employee it can be allocated by the employer, who has the absolute right to determine when holiday can and can't be taken. The employer seems to be doing that and has asked for the time to be taken when he has cover available and willing.

 

As stated (and based on the information provided) this is perfectly lawful and is fairly common practice. If your daughter wants specific dates for holiday then it is advisable to book the time off well ahead.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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ericsbrother

ericsbrother

Posted
Posted

why would your daughter want to work 4 days of the year for free? That is what she would be doing by not taking the holiday. If she has other plans to use the remaining time then she should tell her boss that she intends to take the holiday on the xx-xy of Feb

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SabreSheep

SabreSheep

Posted
Posted
Why do I think that it's in favour of a part time member of staff? Because he told her straight. She has to take two days off so another member of staff can work it

 

As what sidewinder said

 

switch around what you said.

 

the part time staff member has to work 2 days so she can have her statutory holiday entitlement.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Guest topcat14

Guest topcat14

Posted
Posted

"Keep in mind that if you don't take your holidayicon during the holiday year, you lose entitlement to

 

 

This statement depends on if the holiday is Statutory or Contractual over and above Statutory, may well be incorrect.

 

The law states that you must have the equivilant of 5.6 x your normal working week, that is 28 days for a full time worker. 20 days of which are mandatory, with the other the 8 negotiable but highly recommended that they are used in the correct holiday year.

 

So if you are a full time worker and not had 20 days holiday in your holiday year, that breaks the Working Time Directive and you should ask for it as a STATUTORY right.

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