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    • end of the debt then as link will never get an enforceable agreement. hers is not the next move.    
    • rubbish! about ins. it just shows what you what an upset you have caused by outing their unlawful behaviour that the powerless burlington have run away and are hoping it goes no further than an internal telling off for pretending they have any legal powers whatsoever .
    • So could they file their appeal 3 years later for example?  I'm just wondering when I can put this whole mess behind me knowing they can't take any further action.  
    • Whenever they have prepared it.....I really do not see they have grounds to appeal or whether the costs involved would be worth it in this type of claim......but we shall see.   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52/practice-direction-52c-appeals-to-the-court-of-appeal
    • I started by doing it myself. Did exactly the same (aside from the forms were actually online - they complete the same paper forms and you get a PDF that looks the same as if you had filled them in physically). Did the inventory, and then the tax forms etc... everything was fine until they lost the will (which was sent by the most recorded/tracked/guaranteed service as well - apparently didn't get there).   Before I sent the will, I made copies (there was a copy already, stamped COPY), and I took a video of every page to prove it hadn't been tampered with in case it was lost. I must have had a premonition or something, as it was lost, but they sent me an email saying that they had received it, so I thought no more of it.   I've taken the whole thing back once already, and then passed it to the solicitor (actually the firm that has been linked above). If I do it again, that will be the fourth time (one application, one lost will questionnaire and subsequent application, and the application from the solicitor). I don't think it will speed things up at all.   I think the probate office/service has collapsed due to the "streamlining" and the shutting of sub-offices (in the middle of a pandemic - smart!).   It's no longer fit for purpose, but nobody seems to be able to do anything about it. My MP is as helpful as a chocolate teapot, the ombudsman is just as slow and has already said that delays are not worth looking into. Over 98% of probate solicitors surveyed by the Public Services Union, say the on-line application process isn't fit for purpose, and 57% have said that they have seen house sales fall through due to delays since 2019.   There has to be someone in government that wants to sort this out.
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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Employer #big4 supermarket not offering redundancy even though they are changing my job status.... is this allowed?


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I currently work as a Deputy Manager (one of 300) for one of the big four supermarkets, and they have recently announced a new contract change that comes into force on Monday 18th April. In effect we are being demoted to a lesser position, that being of a duty manager. They argue that our job role is not really changing as we will still be doing the same job we have always done and they will not be reducing our pay.

 

However it is a HUGE drop in status as our current contract states we are 'autonomous decisions makers' which classes us as senior business leaders and opts us out of working time regulations. On our new contract we are not classed as this and we are therefore opted in to working time regulations.

 

In addition we also recieve free fuel and a car allowance which will also be taken off us although they have given us over a years notice before they take this away. However this is in our current contract that this can be removed at any time so do not think that we can argue the point much there.

 

The main issue is as Deputy Store Manager you are above all the other senior managers in the shop and now will be dropping to the same level as them so surely this counts as a drop in status, even though my salary will not be affected. It also effectively puts my career back 10 years as I was doing that job 10 years ago!

 

There have been various 1-2-1 meetings held with the outcome already decided, however I asked questions weeks ago which have still not been answered and I also have not got a copy of my new contract as yet. From what I have read online if i work on Monday then I am effectively accepting the new contract and will have no means to put a claim in, in the future.

 

Do I have a case for constructive dismissal??

 

Please help!!

 

Thanks in advance

Edited by honeybee13
Paras.
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Hi and welcome to cag, the employment law guru's will be along shortly to advise

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the law does not allow much room for damage to feelings.

 

what financial loss are you suffering?

 

are you skilled to do the new job?

 

what do your union say?

 

and with so much experience, are you better going to a rival who would value your abilities more?

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 reply emmzzi.

I am currently looking for a new job.

Currently I do not want to accept what my company are offering, which is basically £8000 a year less to do the same job.

Obviously I want to contest but my contract states my added perks can be removed at anytime, so the only way I feel I would be able to claim would be via loss of status (from all I have read up on).

I can do the job no problem as the role is not really changing, the union are not involved as such. There was a representative group/forum who met at head office to discuss over four meetings and extended the perks for another 6 months on top of the original end date.

Just basically after over 20 years service I feel I should be offered redundancy as basically it is a demotion

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More reasons to shop at..... yeah

 

Also, theres no constructive dismissal at all. Youll be doing the same job, same pay etc etc, just a different title.

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Also, theres no constructive dismissal at all. Youll be doing the same job, same pay etc etc, just a different title.

 

Not same pay if hes losing £8000 a year

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Hold on ... In one post he states he will be on the same pay but later says he will Loss £8,000.

 

Which is It? Loss or no loss

 

if the £8,000 is the expenses then he has already said that he could lose it on his current contract so there is no los

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Guest topcat14

If the employer can demonstrate that it has sound business reason for downgrading a position, then it has the right to do so. The contracts of the employees that are currently working those positions will need to be looked at/adjusted on an individual basis (hence the one to ones).

 

In my opinion the employer would not be considering the position as redundant, they still have the same tasks to perform, it is the perks that go with that role that will be reduced. As long as you have other rights per your old contract such as length of service and basic pay, then the contract has not materially changed, therefore, a constructive dismissal is less likely to succeed.

 

There is always a risk in these situations and the employer has taken the road that it views is the least risk. While that they cause some upset, at the end of the day they will achieve the goal for the ongoing business.

 

On a practicle basis your acceptance of the new terms from 18th April would be subject to you raising a grievance through the proper company procedure, if you feel strongly enough about it. You should have been given the right to appeal in any case against the changes otherwise within a very short time (say 1 month) the company could consider that you have accepted the new terms.

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the law is biased to try and keep you IN a job.

 

I am sorry, I do not think this is going anywhere.

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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