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    • Hang on, I'll get into trouble for this but really! 12 years paying a DD you nothing about.................... and then you blame D&G. They would have notified you at your last known address or email at each renewal, every year, with ample opportunity to cancel each year.   12 Years!!   Bad things happen in the world of CAG but you really must bear some of the responsibility here.   H    
    • Should have access to all the data on the account tomorrow.  latest response from Barclays.   Dear    Thank you for your patience while this matter has been under review.   I’m afraid I’ve not yet been able to get the answers I need from the relevant team to allow me to provide you with any more information. However, please be assured I will continue to work on this and I will provide you with a further update no later than 29 January 2021.   Kind regards   Customer Relationship Manager Barclays
    • I know it would be a hassle to put all that in. However certain things that help your case and destroy their WS would probably mean that even Simple Simon as stupid and greedy as he is, would probably decide that yours was one case that he did not want to challenge in Court. If he lost on the relevant land part, his whole business at Southend airport would be over.    He would have many motorists who have paid coming back to him plus claiming GDPR payments and every other airport that they control would probably have a claim against him too..   So you are best to hit him with a strong WS to stop him from going to Court. Will it stop him if you include all that. It should do but he may have the chutzpah to think that he can argue his way out of it.  So your choice.  
    • Thanks for that, point one just confirms what I thought, I will get back to work on it with those suggestions in mind. Cheers
    • Two quick and immediate points:   1. Do NOT get your employer to suggest you were exhausted. You shouldn't drive whilst exhausted and it aggravates the offences. But in any case, since you are pleading guilty to them it doesn't matter. The circumstances of each offence are not relevant when the court considers your EH argument. By that time you have been convicted of them and how or why they happened is not a consideration.    2. Instead your employer's letter to the court should concentrate on the "Hardship" that others (e.g. the company or your colleagues) will suffer if you are banned. It should also cover why no alternatives are available to them (e.g. are your skills and knowledge scarce such that they cannot easily be replaced; can they not train somebody else quickly to do your job). That sounds harsh but your employer will be asking the court to accept that they will suffer hardship. Part of doing that is to demonstrate that no practical alternatives are available.   Remember, you will get three points for each offence whatever mitigation you offer for them - that is the minimum. So you don't need to concentrate on that. Concentrate on explaining the exceptional hardship that you or others will suffer.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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Hi, this is in relationship to my daughter

 

 

she has the following wording in her contract "Your hours of work will be 26 hours per week. you hours of work are flexible, as required to meet the needs of the business. your hours will be varied and allocated on a weekly rota in advance"

 

 

my question is;

 

 

she is constantly being made to work above and beyond 26 hours, basically is her employer allowed to continually do this, some weeks she may work 36 hours.

 

 

many thanks in advance for any help

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If you can prove over a 13 week period she consistently works more than 26 hours then you need to contact the HR department and get them to amend the contract.

 

It also may trigger an adverse reaction from the company so be careful.

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If you can prove over a 13 week period she consistently works more than 26 hours then you need to contact the HR department and get them to amend the contract.

 

It also may trigger an adverse reaction from the company so be careful.

 

Sadly SG this would only rely on the employer accepting the 'request' to change the contract - there is no automatic right, and in the current environment, most employers would be extremely reluctant to formalise a contract giving more hours than are contracted.

 

In essence, the OP's daughter has a contract giving a guaranteed 26 hours a week, but with regular overtime. Whether any regular time worked over and above the contracted hours can ever be considered a change in contract can only be for an Employment Tribunal to determine. There is no fixed period (let alone 13 weeks) after which an employee can force an issue of 'Custom & Practice' to get the core contract changed. An ET would look at many factors, such as mutuality of obligation, how the overtime is shown on the wageslip etc in coming to a decision. Are the hours rota'd or is there a 'request' for the employee to work overtime? Would there be any sanction were the employee to refuse extra hours? Is an enhanced rate of pay applicable, or are there any extra benefits given for any of the overtime worked?

 

Custom and Practice is very hard to prove - there is good recent case law coming through around the subject of holiday pay or commission being based on hours worked, but in terms of forcing a change to contract based on regular overtime, it is incredibly difficult

 

What is certainly true is that trying to get an employer to guarantee increased hours through a change in contract might well remind them that they need to look closely at the relationship and cut back on the regular overtime, so it is sometimes better to not be too demanding - and especially when the employee has less than the required two years service to issue a claim for Unfair Dismissal should the employer decide that an employee's face no longer fits

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the problem is, she is mother of a 18month old, she doesn't really want to work beyond her contracted 26 hours, but keep giving her many more

 

Then this comes back to the issue of 'mutuality'. What would be the situation if the extra hours were refused? What is the precise wording of the contract? Does it state that 'any' overtime requested 'must' be worked, or that 'reasonable' additional hours must be worked due to the changing needs of the business? In that case, what is 'reasonable'?

 

Has your daughter (based on exactly what is in the contract), tried refusing to work some or all of the hours above her contract?

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

 

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she hasn't directly refused to work the extra hours but has made it clear that she isn't happy and doesn't really want to work above her 26 hours. I suggested I would seek advice here first before she does anything incorrectly. She is quite adamant that she on wants to work the contracted 26 hours.

 

 

this is the wording in her contract

 

 

"Your hours of work will be 26 hours per week. you hours of work are flexible, as required to meet the needs of the business. your hours will be varied and allocated on a weekly rota in advance"

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