Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Unfair Dismissal - help or advice please


Please note that this topic has not had any new posts for the last 1334 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

[link removed] Probly abt 8 or so people in each shop - something like 20 or so shops , Kx

Edited by honeybee13
Link to employer removed
Link to post
Share on other sites

If working less than 24 months the dismissal will automatically be fair on what you have stated

 

Proving the reason for dismissal will be almost impossible. They will simply say you did not pass the probationary period

Link to post
Share on other sites

OB - a verbal dismissal , isn't quite how I would have thought a company can treat staff. My HR person just laffed today at the validity of it - obvs we are going thru contract now an will post pertinent details , kx

Link to post
Share on other sites
Basically She is a fine chef and kept flagging up health n safety issues with food hygene and working hours - bullying and unpaid extras K

 

Should report the shop/company to Environmental health people in that area?

Link to post
Share on other sites

Fair or not, and you have already been told that with less than two years service it is very unlikely that she could claim unfair dismissal, you need to stop posting names / links and pictures. You are not helping your friend - what you are doing could get her into a great deal more trouble.

Link to post
Share on other sites

The advice given above isn't quite correct.

 

If she was dismissed because she made relevant health and safety disclosures and/or complained about a breach of her statutory rights under the working time regulations then the two year qualifying period for an unfair dismissal claim is waived, as any such dismissal would be automatically unfair.

 

She doesn't have the right to written reasons for dismissal either - and I would say that could help. No company would ever admit they dismissed unfairly in the circumstances you describe and they're more likely to attempt to make something up.

 

The next step is to contact ACAS and commence early conciliation.

Link to post
Share on other sites

But was it an official protected disclosure to the Employers HR etc??

The key will be a referenced paper trail

 

The employer will simply deny the claims with health and safety and state capability was the reason for dismissal

Link to post
Share on other sites

A dismissal because of a protected disclosure is different to a relevant health and safety dismissal.

 

The employer may deny it, but all the judge has to decide is whether it is more likely than not that the employee was dismissed on automatically unfair grounds. In a similar manner, the employer is unlikely to be able to demonstrate it was a fair dismissal on capability grounds if there is no evidence of that either...

Link to post
Share on other sites

But the employer only has to have a resonable belief to dismiss to be fair. As long as that decision is made on objective grounds

 

But that still has not answered the question if the alleged protected disclosure was made official, or just oral to a shift manager etc. Without any paper trail it is all hearsay

 

Other factors include any prior visits or enforcement from enviromental health to substantiate any claim? On the facts given this in my opinion is a dead duck without anything to back up a claim

Edited by obiter dictum
Link to post
Share on other sites

I agree that there has to be something to evidence that her dismissal was a result of a reason relating to asserting statutory rights - you can't just say it was, otherwise that is what everyone would say. I did point out that it was unlikely that a claim could be made with less than two years service, and that is the case. The op has had an opportunity to provide something of a description of the evidence that they have - what they have presented has not constituted anything except their own harassment of the employer!

 

The employer does not have to prove that the dismissal was on any grounds - they have no need to prove anything at less than two years. It will be up to the op's friend to prove that they should be considered under one of the exclusions. And, in fact, the op didn't say that any grounds were given, capability or otherwise. It really is up to the op's friend to be able to evidence something of what they claim.

Link to post
Share on other sites

Cheers fr all the replies - I am of the view it was cracking down on a ( potential ) whistle blower and certainly under employment law as my contract at work is written -this is unfair dismissal ( confirmed by our HR bod ) the issue is gathering evidence and setting a case , Kx

Link to post
Share on other sites

Based on what your "HR bod" appeared to say from your last post, then I wouldn't place much stock in what they say! And there is no such thing as a potential whistleblower. And your contract at work is not a measure of what the law says.

 

She has less than one years service, and in the majority of cases it takes two years service to claim unfair dismissal. You cannot simply "decide" that she was dismissed because she was "potentially" something. She either did whistleblow, or she did not, and she requires some evidence to suggest that is the case. Past that, if she was dismissed with notice or notice pay, there is no case to answer.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...