Jump to content
  • Tweets

  • Posts

    • Basically i can claim for my excess and loss of earnings as i was self employed and cost for hire of van, solicitors have asked for uninsured losses, if lossess are not included in claim i cant recover them at later date the letter states.  
    • Hi All,   On 26th May this year I called my broadband/phone service provider, Talk Talk, to inform them that I would be leaving them and moving to BT at the end of the month.  My contract with Talk Talk had officially ended back in October 2019 and I was just paying them on a monthly basis for continued service. I was advised that I did not need to do anything, as arrangements would be made on my behalf to keep my existing number etc between Talk Talk and BT.  I began my contract with BT on 1st June.  I cancelled my bank payment arrangements to Talk Talk and set up new ones for BT. I then received a bill from Talk Talk for June's monthly charges, which I ignored as I was no longer a customer, I owed them nothing, and they were not providing me with any kind of service. I then received a second bill from Talk Talk for July's monthly charges. I called Talk Talk to explain their error but they insisted that I was still a customer using their services.  This was despite me proving that I have been a BT customer for the past two months and paying BT for services that Talk Talk are claiming to be theirs. Talk Talk then took £60.39 from my bank account on 2nd August, despite having no authority or consent from me to do so.  I complained to my bank and they explained that utility companies hold on to customers payment details (despite GDPR) and this practice is common.  I have now instructed my bank to refuse any further payments to Talk Talk, by any means!. I phoned Talk Talk to complain and insist they repaid my money immediately as it had been obtained fraudulently and they are not providing any service to me anymore.  The adviser couldn't help much, but promised me a call from a manager later in the week.  The call never materialised. I called Talk Talk myself today, and after nearly four hours of phone calls, being put on hold, transferred, being made promises and making more calls, I have got nowhere. One manager did offer a token £30 payment which I obviously turned down.  I eventually hung up after being put on hold for over 20 minutes during a call lasting over an hour. These people are ignorant at best and impossible to deal with. Please could someone advise me on how to get my £60.39 back from these people?  
    • They can ask you to help them.   The reason for doing this is that the accident was between two private citizens with the Insurance companies covering the risk.  The Insurance company need your assistance to claim directly against the other driver, as the other drivers Insurance are not paying the claim.  Each Insurers pays 50% of the claim costs.     If you don't help the Insurers, I am not sure what they can do about this, as you are no longer a customer of theirs.   Perhaps ask whether they will cover your costs. e.g. time. 
    • no you refuse  they cant do that without your permission.   arent arguing over hire car costs are they?  
    • My former insurance company Axa, is taking the other party to court to reclaim their outlay  This will be in My name because legally the claim has to be in my name? Axa said it was 50/50 claim, so Axa paid me out.   Can this be done in my name without my permission? Axa said it was 50/50 why are Axa going after the other driver? i thought Axa would pay me, the other party paid by their insurance company?   
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
style="text-align:center;"> Please note that this topic has not had any new posts for the last 1555 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I am asking this on behalf of my son in law. After 8 years working as a senior personal assistant for a young man who had several medical problems he was made redundant due to him passing away. He was unemployed for a few weeks when a position came up for a senior at a local care home. When he was interviewed he was old they had failed the CQC and wanted his help to turn the home around.

 

From day one the other staff where resentful towards him. One womn especially took a total dislike to him and made his life hell. Whatever he said or did they would just treat him by reporting everything back to the manager. There he saw mistreatment of residence and of other members of staff. Then the rota started to change from being a week of different shifts to maybe 2 days of nights and nothing else. for 2 weeks in a row he was given no shifts which when you have a home and a family to support you can't work no hours. He was in his 12 week trial when he was witness to a residence being deprived of a drink of water and hard the carer call this woman "a whinging *unt" he went home the in the morning and said he could not go back. He hadn't signed a contact and he was still in the trial period.

 

Yesterday he got his P45 and his final pay slip. The payslip was for £449 for hours done before he left and then there was a deduction which is for covering shift due to leaving of £449. This left him with £0. Since he left the 4 members of staff who started at the same time has him have already left. He wasn't on a zero hours contact he was on a 36 hour contact as they do 12 hours per day.

 

Is there anything he can do regarding his wages that they are holding. He was still in the trial period, he hadn't signed a contact and had no support from the Manager of the home or the owners when he approached them to tell them of what was going on. Why take him on if they don't want to hear the truth.

Share this post


Link to post
Share on other sites

Illegal for them to do this. I would send a letter before action.

Share this post


Link to post
Share on other sites

Thank you lost Faith. Can anyone give me an idea of what to say in the letter? I just need an idea of how he presens it to his employer.

Share this post


Link to post
Share on other sites

 

See the Law above, they can't make any deduction from his wages unless he had agreed to it.

 

You said he had no contract so he didn't agree to any deductions hence none can be made.

 

Write to them quoting this law and ask them to refund the wages asap.

 

But it would have been great if he had reported what he had seen;

 

1) He would have still had his job

 

2) Most importantly, things would have been better for the residents of the care home.

 

We all have responsibilities to look after the most vulnerable in the society and your son in law by walking out of the job let them (and the society) down.

 

I'm deeply disappointed in him

Share this post


Link to post
Share on other sites

A bit strong

 

You have a Contract of Employment being a worker. The employer has up to 60 days to give you a contract of employment and usually gives you an employee hand book to begin with

 

He needs to give the employer a letter before action quoting the link I have referenced. Give them say 7 days to comply or you will put it into the hands of ACAS

 

Section 13 is a protected right so no 24 months qualifying period is needed to instigate a claim

Share this post


Link to post
Share on other sites

The employer can only claim monies for employing someone to replace the person who walked out if they have a contract in the first place. Now, as soon as son-in law agreed to work he was entering into a contract even though it wasnt written down as to what the terms were. SIL can leave at the drop of a hat if the employer has acted in a way that is so bad that it becomes impossible to remain and thus the contract is repudiated. Its failures in this case would be enough for any reasonable person to conclude that the employer wasnt serious about how it went about its business so they cant claim money to pay someone to do the work over the notice period as the contract was nulled at the point of SIL's departure.

In short, if he sues them they will lose as their defence would rely on a contractual obligation that didnt exist. They wouldnt like the hearing in public either so a lba saying what he expects and when should be enough to focus their attention. Also he should make sure the regulatory bodies hera about this formally so there is a chance that the suffering at the home can be ended

Share this post


Link to post
Share on other sites

Hello

 

The law says that, if you have been employed for more than a month, you are supposed to give one week's notice before leaving, unless a longer period is stated in your employment contract. See http://www.legislation.gov.uk/ukpga/1996/18/section/86. This is the default notice period which will apply if no employment contract was ever signed.

 

If your son in law did not give one week's notice, then he was in breach of contract (even if no employment contract was ever signed). This means the employer may be able to claim that he should pay any additional costs incurred as a result. For example, if the employer had to hire an agency worker for a week at a cost of £800, and it would have had to pay your son in law £500 in wages if he has been working the employer could ask your son in law to pay the £300 difference. The employer would be expected to prove any financial cost incurred and cannot just make up a random figure.

 

Unless your son in law signed a contract allowing the employer to make a deduction, any amount owing should not be deducted from wages and the employer should instead ask for it separately.

 

I think he should write an email or letter to the employer, asking them to pay the owing wages and asking for a response in writing.

 

There is nothing to stop your son in law from reporting poor standards of care now that he has left.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites
See the Law above, they can't make any deduction from his wages unless he had agreed to it.

You said he had no contract so he didn't agree to any deductions hence none can be made.

Write to them quoting this law and ask them to refund the wages asap.

But it would have been great if he had reported what he had seen;

1) He would have still had his job

2) Most importantly, things would have been better for the residents of the care home.

We all have responsibilities to look after the most vulnerable in the society and your son in law by walking out of the job let them (and the society) down.

 

I'm deeply disappointed in him

 

Thts an wful thing to sy about him. He went to he Manager and to Head Office and they had no intention o doing anything about it. There were individuals in the home that ran it rather than the management as a man of principle he was up against from day 1. There is after all only so much 1 person can do.

Share this post


Link to post
Share on other sites

Thank you everyone. We drafted a letter for hi to send using all the advice you have given us. Fingers crossed that he will receive the pay he worked for. As for the bullying, intimidation and abuse he went through and witnessed he has contacted the CQC after since finding out that they had failed there last assessment.

Share this post


Link to post
Share on other sites

if not, small claims; you can do it all online.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites
Thts an wful thing to sy about him. He went to he Manager and to Head Office and they had no intention o doing anything about it. There were individuals in the home that ran it rather than the management as a man of principle he was up against from day 1. There is after all only so much 1 person can do.

 

Hi,

 

you didn't mention that the reason he received the bad treatment was due to the fact he had raised concerns.

 

If you had said so I would have suggested he goes to the Tribunal for PIDA violations.

 

Anyway it is great that he has gone to the CQC.

 

Protected Disclosure cases tend to be stronger in favour of the claimant if he was still in employment.

 

CQC also tend to listen more attentively to complaints while the complainant is still in employment.

 

Anyway he would have a strong case if he has evidence.

 

Back to the issue at hand, I believe he would get his money back easily as the company knows they have no legal leg to stand on.

 

All the best

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...