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As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights.  This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information).  The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 4.  I became aware of original Judgement following a routine credit check on or around 14th September 2020. 5. The alleged letter of claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address.  I have attached a copy of my tenancy agreement which is marked ‘Appendix 1’ and shows I was residing at a difference address as of 11 December 2018 and was therefore not at the service address at the time the proceedings were served.  I have also attached an email from my solicitors to the Claimants solicitors dated 14 July 2022 which was sent to them requesting that they disclose the trace of evidence they utilised prior to issuing the proceedings against me.  This is marked ‘Appendix 2’. The claimants solicitors did not provide me with these documents. 6. Under The Pre-Action Protocol for Debt Claims 2017 a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior to and including ,The Pre action Protocol letter of claim dated 7 January 2020 and the claim form dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 7. Upon the discovery of the Judgement debt, I made immediate contact with the Court and the Claimant Solicitors, putting them on notice that I was making investigations in relation to the Judgement debt as it was not familiar to me.  I asked them to provide me with a copy of the original loan agreement but this was not provided to me.   The correspondence to the Claimant Solicitor's is attached and marked ‘Appendix 3’ 8. On (insert date) I successfully made application to set a side the judgment. The claim proceeded to allocation, 9. The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2 February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None of these documents were received by the court nor the defendant by that date. (insert date you did receive the documents) I then sent a Data Subject Access Request to Barclays but no agreement was provided. Details the timeline of communication between myself and Barclays are attached and marked ‘Appendix 4’and the copies of correspondence between myself and Barclays are attached and marked ‘Appendix 5’. Remove irrelevant 10.The claimant relies upon and has exhibited a reconstituted version of the alleged agreement. It is again denied that I have ever entered into an agreement with Barclaycard on or around 2000.  It is admitted that I did hold other credit agreements with other creditors and as such should this be a debt that was assigned to Barclaycard from another brand therefore the reconstituted agreement disclosed is invalid being pre April 2007 and not legally enforceable pursuant to HHJ Judge Waksman in Carey v HSBC 2009 EWHC3417.  Details of this are attached and marked ‘Appendix 6’. The original credit agreement must be provided along with any reconstituted version on a modified credit agreement and must contain the names and address of debtor and creditor, agreement number and cancelation clause. 11. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not mislead the court. 12. It is denied I have ever received a default Notice pursuant to sec 87(1) CCA1974.The claimant is put to strict proof to evidence from the original creditors internal document software the trigger of said notice.  13.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. 14. Until such time the claimant can comply and disclose a true executed copy of the original assigned agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed                 ………………………………………………….. Name                  XXXX Date                     30 April 2024   Run 3 copies Court /Claimants Sol/File
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Do we just accept it - keep getting passed-by for promotion


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Hi,

My partner has been employed by the same company for 7 years.

 

 

last year a new boss took over and at the time my partner was pleased thinking he would bring change and fresh hope to the workplace.

 

There was a position going for a flt trainer

my partner applied and was the only one who did,

but the boss decided to ask everyone else in the factory even though no one put their names forward on the public board.

 

 

Finally another worker applied and got the position but told everyone the boss had said no one else was interested in the position.

 

The boss then told my partner

"he wasn't what he was looking for and it was nothing personal" (why add the personal comment).

 

6 months later a supervisor job came up my partner applied with 4 others,

it was clear from the start 2 would not be in with the chance as only with the company a year and no experience.

our family went on holiday

 

 

when we returned my partner was told there was only 2 people in the running from the other staff.

 

 

The boss later told him he wasn't in the running as he thought the stress would be too much for him.

 

 

Now his CV was professionally done and hit every point on the job application, and if he was an outsider the boss wouldn't have used that as a reason.

 

Next was the new works van and drivers selected,

my partner has driven for 18 years and never had a point on his license,

but low and behold he didn't get any chance and the boss said

"it was only a select few". I think the nothing personal was used again.

 

yesterday team leader jobs were offered followed by interviews a few hours later.

In the informal chat before this my partner mentioned seeing a new job for a supervisor in the next department but the boss said the job had already been given to an outsider (the job had only been posted the day before on indeed) within the hour of my partner mentioning this the advert was removed from the job site.

 

my partners work mates just told him he didn't get team leader it was given to someone on a different side to where that position was and the guy never worked on this side so don't know how he would fill in for supervisor when he's off when he's never done the job. (Advert stated cover would be needed).

 

 

Only 3 people had applied for this position my partner being one of them.

The other who didn't get the job even said in the interview he answered by saying he knows everything about everything in that department.

 

 

My partners answers were he'd like to better himself and learn and improve - the both scored bottom.

 

The boss has now just called him in to tell him he didn't get the job, my partner replied "I should of known with you", the boss replied "it's nothing personal" (broken record).

 

 

He's an absolute idiot

he's just taken an instant dislike to my partner and I'm sick of it,

the worst thing is the boss leaves today

so it just feels he's that much of a ....he still won't allow my partner to get on in life.

 

My partner can't just leave as the wage is good and the job is permanent and we are a family of 5, I look after the babies at home but even if I went to work instead we would be worse off.

 

Sorry it's so long winded

but it's really depressing and annoying how sad people can be when someone works hard and genuinely wants to get on. I just wish there was something we could do.

 

Just to add my partner didn't even get an interview for the supervisor job, where the boss felt it would be touch much stress.

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My partner can't just leave as the wage is good and the job is permanent and we are a family of 5, I look after the babies at home but even if I went to work instead we would be worse off.

 

They don't have to offer anything above his contract (including promotions!). If they feel (rightly or wrongly!) that he wouldn't handle the stress of the promotion (even if that is just their excuse!), there isn't anything he can do directly.

 

So, his options are:

a) continue to do his job, with the benefits of knowing he has his good wage and more than 2 years continuous service giving him some additional employment rights, or

b) if he wants to show he can succeed with the promotion, find a job elsewhere at the higher grade, take that job, and show by his success that the original employer was wrong and isn't going to hold him back.

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Agree.

 

I would only add that given the number of occasions your partner has had opportunity declined, that there might be another explanation, which needs to be really considered. Perhaps your partner is brilliant in their current role, a real asset to the company and is basically irreplaceable or too much of a hassle to replace. Or perhaps there have been issues such as sickness absence or other HR issues which are noted on the personnel file.

 

Only your partner will know, as they are closer to the issue. If there is anything on his personnel file, perhaps request a copy to make sure it is factual.

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Hi thanks for replies.

 

All jobs are all on the same factory floor so him moving positions wouldn't affect anything, he'd still be in exactly same part doing same thing more or less. Lots have new position have opened up and everyone else who applied got theirs even the less experienced.

 

There should be nothing on his file he's never had any in-authorised absences or any warnings ever. Some there are are on final warnings, even the previous supervisor had had some warnings for vaping in the warehouse and yet these positions were meant to be on a points system. When we tell people they can't believe how he gets treated.

 

The only problem he ever had was reporting 1 of his bosses for swearing at him, and then later that same boss moved him out of a department he'd worked on for 6 years because my partner refused to work on a day he'd booked off months off in advance, also the short notice of being asked the day before. Oh and saying that there is another boss that doesn't like him, he's the main boss upstairs but I think that's because they both slept with the same girl at work, she did alright though got a contract straight after it haha.

 

I think he will just have to leave in the end but it's so annoying knowing that it's getting run by absolute idiots and they are getting away with all sorts.

Edited by honeybee13
Paras.
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have to agree with most of the comments already made. If OH is happy enough in his current role then stick with it.

The comments about it being nothing personal are laughable, of course it is personal but that doesnt mean that he has been victimised or discriminated against. He can ask to see his personnel files if he thinks there is something blocking these applications but that probably wont tell the whole story. You started off by mentioning new boss and a hope that things would be different so that makes it appear as though there is some history to this so has OH had time off for stress related illness or even mentioned that the work is causing stress? The company may have made a decision that he functions well in his current role and dont want to risk problems in the future should they change his role.

I worked in a factory many years ago where my immediate supervisor was once the factory manager responsible for 2 sites and hundreds of people. He had stress problems so they replaced him with one of the directors and he ended up looking after 2 very junior people and being respnsible for the social gatherings. One could ask what should they have done? sacked him? let him carry on and mess up the business and his health?

It may be a case of risk management rather than anything else in their eyes

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His face does not fit: so he stays, or he moves company.

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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I am afraid that I agree with everyone else. It's impossible to determine what the motivation for not offering him promotion is - so it could be anything from the fact that he is irreplaceable in his current role to the fact that he is considered totally unsuitable for anything else - but the employer cannot be forced to promote him, so that leaves him with hard choices. I would have to observe that, after seven years and two different managers, that might suggest to me that he is perhaps not as good at his job as he thinks he is, or that something else about him is getting in the way. Someone does not have to be "bad" at their job or be unsuitable for continued employment to not be promotion material. But it would seem that he must either accept this, find another job, or continue to apply. If he does the latter, it would be worth considering having a frank conversation with his manager. If there is something about him that he can change that would help him, then he'd be better off knowing - but that does take the ability to be able to take criticism or comments and accept them for what they are, because getting into an argument over what you are then told will simply make things worse all around. But equally, you do have to recognise that some people don't progress in their employment for a whole variety of reasons, and actually, it really isn't personal. An employer, through their managers, have one interest, and that is to get the job down well, without mistakes, and to turn the best profit or service that they can. In the end I have seen employers put up with some significant "quirks" because the person does just that. So the most likely reason is that something about your partner has them believing that he won't do well in a more responsible position. If he doesn't know what that is, then he can't deal with it.

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All the same managers he has had problems with are still there, (they are just managers above each other) it's just new ones have joined and obviously as someone above said if your face doesn't fit they will stick together on their opinion of you. Like I said when my partner was called into the office to be told he didn't get the promotion, he just told him outright he knew he wouldn't as he was behind it, when asked what that was meant to mean, my partner had said how he passed him over for 3 promotions....well 3 as the boss didn't even give him chance for the other. The boss denied this but couldn't give no explanation so my partner just said whatever and walked out of the office. There has been loads of stuff that's gone on its like one big con place and the stuff some of the people get away with is shocking, I'm surprised it's still going. It will be its own un doing in the end no doubt. I've started looking for jobs with my partner and applied for some and am going to upload his CV on job sites, he's one of them that just settles in a place and no matter what happens because it's familiar but hopefully we will have some good news soon.

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All the same managers he has had problems with are still there, (they are just managers above each other) it's just new ones have joined and obviously as someone above said if your face doesn't fit they will stick together on their opinion of you. Like I said when my partner was called into the office to be told he didn't get the promotion, he just told him outright he knew he wouldn't as he was behind it, when asked what that was meant to mean, my partner had said how he passed him over for 3 promotions....well 3 as the boss didn't even give him chance for the other. The boss denied this but couldn't give no explanation so my partner just said whatever and walked out of the office. There has been loads of stuff that's gone on its like one big con place and the stuff some of the people get away with is shocking, I'm surprised it's still going. It will be its own un doing in the end no doubt. I've started looking for jobs with my partner and applied for some and am going to upload his CV on job sites, he's one of them that just settles in a place and no matter what happens because it's familiar but hopefully we will have some good news soon.

Sorry, I'm sure that's the best action. Looking for another job. But honestly, if he speaks to managers like that, then it doesn't come as a surprise that they don't promote him. That is not the way to act. He (and you) might not like that, but it is true.

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find another job, been in tribunals and won = but lost all round i..e. asked if the tribunal order the company to re-instate me as I did no wrong = No I stated as managemnt changed and idiots replaced after take over of company, so max payment to me made (not a lot in the 80s),

 

Lost all my latest shares as they could not give a dam,

 

unstable life from there on as struggling, and applying for 49 jobs - only two hard luck responses. eventually did washing up on motorway service area.

 

went to Labour tribunal as they refused to pay me for time out of work prior to tribunal, labour (department of works & pensions) offered me 50% of entitlement at the labour tribunal I said no, the case went on I won and they were ordered to pay me from day 3, they sent eventually £149.96 , instead of £700+ under section so snd so minus , then under sub secion so and so minus, if I did not agree take them to a labour tribunal (You know the one I just came from) I won but lost again! get the dirty dfrift how government departments work"

:mad2::-x:jaw::sad:
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Sorry, I'm sure that's the best action. Looking for another job. But honestly, if he speaks to managers like that, then it doesn't come as a surprise that they don't promote him. That is not the way to act. He (and you) might not like that, but it is true.

I wish that was the case, one of the newly promoted supervisors would swear at one of the bosses and they wouldn't do nothing. They had an alcoholic main supervisor for 3 years and nothing was done, yet everyone knew, even the head boss upstairs but nothing was done as per but then again he was sleeping with one of the girls on the factory floor then she got promoted to upstairs. My partner has never swore and never normally says boo, it's me that gets more frustrated than him when he tells me things but he normally just accepts it. He has been sworn at before by one of the bosses and still didn't lower himself to that level. I think maybe that is his fault he is just too soft and maybe not seen as having to much of a back bone. He did have a wonderful boss when he first started but she was back stabbed and pushed out by the main boss he's had ever since. I suppose things could be worse there was a lady who worked upstairs in the offices for probably way over 7 years, but she obviously wasn't young and pretty enough for the boss, he apparently humiliated her infront of everyone and was screaming at her and god knows what. She ran through the building in tears and never returned and that was a year ago now. It's just such a corrupt place I don't know how they get away with it. No one wears safety boots or uniforms yet they are supposed too, people just allowed to drive fork lifts after 1 in house lesson it's crazy. They had to fork out over one hundred thousand in the last year or two because one of the workers had a serious accident, yet these idiots are all still there. He is definitely better off out of there just hoping we hear back soon.

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find another job, been in tribunals and won = but lost all round i..e. asked if the tribunal order the company to re-instate me as I did no wrong = No I stated as managemnt changed and idiots replaced after take over of company, so max payment to me made (not a lot in the 80s),

 

Lost all my latest shares as they could not give a dam,

 

unstable life from there on as struggling, and applying for 49 jobs - only two hard luck responses. eventually did washing up on motorway service area.

 

went to Labour tribunal as they refused to pay me for time out of work prior to tribunal, labour (department of works & pensions) offered me 50% of entitlement at the labour tribunal I said no, the case went on I won and they were ordered to pay me from day 3, they sent eventually £149.96 , instead of £700+ under section so snd so minus , then under sub secion so and so minus, if I did not agree take them to a labour tribunal (You know the one I just came from) I won but lost again! get the dirty dfrift how government departments work"

 

Sorry to hear that Old Cogger but you and everyone else are right in finding another job. I just hope they ruin themselves very soon, or tables are one day turned.

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Sorry, I'm sure that's the best action. Looking for another job. But honestly, if he speaks to managers like that, then it doesn't come as a surprise that they don't promote him. That is not the way to act. He (and you) might not like that, but it is true.

 

In some workplaces, including mine, the quiet and polite employees who do their job properly are treated like dogs and never promoted.

A couple of years ago a young fellow worker with lots of potential came to me and moaned about being treated badly by one of our manager.

I told him to pin him to the wall and make sure he knew that he wasn't an easy target.

He did exactly that... and more!

He threatened this manager to exterminate his family if he said another wrong word to him and/or if he reported him to higher management or the police.

In other words he flipped!

He's now a grade 2 manager and in the last reshuffle the manager who was bothering him was misplaced under his watchful eye.

Not a procedure I recommend, in fact I was just being an ass as usual when I told him to sort the manager out, I didn't think he was gonna do it.

Anyway, this shows how managers always prey on the weak and polite employees and reward the troublemakers.

FACT!

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I wish that was the case, one of the newly promoted supervisors would swear at one of the bosses and they wouldn't do nothing. They had an alcoholic main supervisor for 3 years and nothing was done, yet everyone knew, even the head boss upstairs but nothing was done as per but then again he was sleeping with one of the girls on the factory floor then she got promoted to upstairs. My partner has never swore and never normally says boo, it's me that gets more frustrated than him when he tells me things but he normally just accepts it. He has been sworn at before by one of the bosses and still didn't lower himself to that level. I think maybe that is his fault he is just too soft and maybe not seen as having to much of a back bone. He did have a wonderful boss when he first started but she was back stabbed and pushed out by the main boss he's had ever since. I suppose things could be worse there was a lady who worked upstairs in the offices for probably way over 7 years, but she obviously wasn't young and pretty enough for the boss, he apparently humiliated her infront of everyone and was screaming at her and god knows what. She ran through the building in tears and never returned and that was a year ago now. It's just such a corrupt place I don't know how they get away with it. No one wears safety boots or uniforms yet they are supposed too, people just allowed to drive fork lifts after 1 in house lesson it's crazy. They had to fork out over one hundred thousand in the last year or two because one of the workers had a serious accident, yet these idiots are all still there. He is definitely better off out of there just hoping we hear back soon.

Well if that is the case, then yes - goodness knows why he would have stayed this long or even wanted a promotion! He'll be better off elsewhere. Good luck with the job hunting.

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Hi,

My partner has been employed by the same company for 7 years.

 

 

last year a new boss took over and at the time my partner was pleased thinking he would bring change and fresh hope to the workplace.

 

There was a position going for a flt trainer

my partner applied and was the only one who did,

but the boss decided to ask everyone else in the factory even though no one put their names forward on the public board.

 

 

Finally another worker applied and got the position but told everyone the boss had said no one else was interested in the position.

 

The boss then told my partner

"he wasn't what he was looking for and it was nothing personal" (why add the personal comment).

 

6 months later a supervisor job came up my partner applied with 4 others,

it was clear from the start 2 would not be in with the chance as only with the company a year and no experience.

our family went on holiday

 

 

when we returned my partner was told there was only 2 people in the running from the other staff.

 

 

The boss later told him he wasn't in the running as he thought the stress would be too much for him.

 

 

Now his CV was professionally done and hit every point on the job application, and if he was an outsider the boss wouldn't have used that as a reason.

 

Next was the new works van and drivers selected,

my partner has driven for 18 years and never had a point on his license,

but low and behold he didn't get any chance and the boss said

"it was only a select few". I think the nothing personal was used again.

 

yesterday team leader jobs were offered followed by interviews a few hours later.

In the informal chat before this my partner mentioned seeing a new job for a supervisor in the next department but the boss said the job had already been given to an outsider (the job had only been posted the day before on indeed) within the hour of my partner mentioning this the advert was removed from the job site.

 

my partners work mates just told him he didn't get team leader it was given to someone on a different side to where that position was and the guy never worked on this side so don't know how he would fill in for supervisor when he's off when he's never done the job. (Advert stated cover would be needed).

 

 

Only 3 people had applied for this position my partner being one of them.

The other who didn't get the job even said in the interview he answered by saying he knows everything about everything in that department.

 

 

My partners answers were he'd like to better himself and learn and improve - the both scored bottom.

 

The boss has now just called him in to tell him he didn't get the job, my partner replied "I should of known with you", the boss replied "it's nothing personal" (broken record).

 

 

He's an absolute idiot

he's just taken an instant dislike to my partner and I'm sick of it,

the worst thing is the boss leaves today

so it just feels he's that much of a ....he still won't allow my partner to get on in life.

 

My partner can't just leave as the wage is good and the job is permanent and we are a family of 5, I look after the babies at home but even if I went to work instead we would be worse off.

 

Sorry it's so long winded

but it's really depressing and annoying how sad people can be when someone works hard and genuinely wants to get on. I just wish there was something we could do.

 

Just to add my partner didn't even get an interview for the supervisor job, where the boss felt it would be touch much stress.

 

 

Before your partner resigns I would advise that he puts in a grievance letter.

 

The Letter should detail everything that has happened.

 

Bullies don't like fighters so if he puts up a fight then maybe things would turn around for good.

 

Even if it didn't work, at least he gave it a go.

 

7 years of service with a family of 5 is too much to give up on just like that.

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Before your partner resigns I would advise that he puts in a grievance letter.

 

The Letter should detail everything that has happened.

 

Bullies don't like fighters so if he puts up a fight then maybe things would turn around for good.

 

Even if it didn't work, at least he gave it a go.

 

7 years of service with a family of 5 is too much to give up on just like that.

 

OP - before you consider taking this advice, I would strongly recommend checking the respective posting histories of people advising you here to check their "credentials". In my opinion this is about the worst advice you could be given. There is nothing at all in your post to indicate that the employer has broken the law. And nobody is entitled to a promotion, whether that is justified or not. You are not suggesting that he resign, but that he needs to find another job. This poster has not read what has been said and appears to assume that he will be resigning without a job to go to. Since he is not, he is not "giving up". Raising a grievance when he has no legal claim to anything, in this working environment, id posting a target on his back for the employer. You want him in that job until he finds another, and you want a decent reference. Antagonising the employer with no possibility of winning anything at all is not sensible.

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OP - before you consider taking this advice, I would strongly recommend checking the respective posting histories of people advising you here to check their "credentials". In my opinion this is about the worst advice you could be given. There is nothing at all in your post to indicate that the employer has broken the law. And nobody is entitled to a promotion, whether that is justified or not. You are not suggesting that he resign, but that he needs to find another job. This poster has not read what has been said and appears to assume that he will be resigning without a job to go to. Since he is not, he is not "giving up". Raising a grievance when he has no legal claim to anything, in this working environment, id posting a target on his back for the employer. You want him in that job until he finds another, and you want a decent reference. Antagonising the employer with no possibility of winning anything at all is not sensible.

 

for what it is worth, I agree. dondada has a posting history that suggests attack in all cases, in the face of logic.

 

I think positive support to move on to somewhere that will recognise his worth, would be a great course of action. Focusing on negatives will drga him down and make it dofficult to move on.

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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