Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) The Claimant's claim to be entitled to payment of £[insert figure from their  POC]  or any other sum, or relief of any kind is denied. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law. Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, altjough c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
  • Our picks

Moobag1

The entire team are being made redundant - Why doesn't TUPE apply?!!!?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 918 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

We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?:mad2:

Share this post


Link to post
Share on other sites
We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?:mad2:

 

As far as I know, it is not a requirement to use TUPE. In a company i worked for, one department dealing with a particular Insurance risk, were basically sold under TUPE to another Insurance company. The staff went with the portfolio of work to offer continuity of service to the policyholders. The staff had personal client handling relationships that the new Insurance company wanted to maintain. Therefore TUPE made sense.

 

I have a relative who worked in contract catering for a big company. When they lost the contract they were made redundant, as the new catering company had their own operation. They did not want to take on staff from another company.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

How is the contract terminated?

Is it just ended or has the contract been re-tendered?

Is the company you work for winding up or has the company been bought by the new company?

Share this post


Link to post
Share on other sites

Its a catering contract. The building is being sold by the current owner and contract holder to a new owner (the current owner's staff will be staying in the building for another few years). They have terminated our catering contract. The new owner is planning to open a new canteen in another part of the same building in a few months.

Share this post


Link to post
Share on other sites

I think the key thing is in your last sentence. " in a few months"

 

So if your protected under TUPE ( and I think its unlikely) what work do you do for a few months before the new building owner opens a new canteen?

You need to clarify what's happening to the company's, not building owners.

I have also found this for you...

 

Can I be made redundancy because of the Transfer?

 

Yes you can be made redundant and new changes to TUPE law have made it possible for you to be made redundant before the handover, i.e. the new organisation can decide it doesn’t need all of the staff from the existing organisation and redundancy consultation will then take place with the existing organisation. For this not to be unfair there needs to be “an economic, technical or organisation reason entailing changes in the workforce

 

 

The key word in the above is economic. Your doind a catering job where, for a few months their is no canteen. No canteen requires no staff therefore economic reasons

Share this post


Link to post
Share on other sites

Is your job with the business where the catering is done or does a catering company employ you ? In other words are you working for a catering company who has a contract to supply staff to the business ?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

I work for a contract catering company

Share this post


Link to post
Share on other sites
I work for a contract catering company

 

Does the contract caterer operate any other contracts near to where you live ? Can you apply for any positions with the same company working in a different kitchen ?

 

My relative worked for the same contract catering company in more than one place, but had to move to maintain employment, as the jobs available were not close to where they lived at the time. The big contract catering companies run kitchens in many different workplaces.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Yes they do, but they havnt offered. I suspect that my 36 years of service and Terms & Conditions will have something to do with it...

Share this post


Link to post
Share on other sites

If the business is ending the contract it has with the catering company, then TUPE does not apply as you don't work for the business.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

ultimately you are knackered by that word CONTRACT. the building owner buys in a servicea nd your employer sells it. If your employer no longer has work for you then that is redundancy. Doesnt matter what arrangements the new building owner has for the future, this could have occurred at any time and ther is nothing you or your employer can do about it. Sorry but it is not down for TUPE, however your employer should at least try to find you alternative work within their existing organisation so if they are recruiting anywhere else then you lot should be considered before they try and fill the posts externally.. A union rep should be getting to grips with this.

Share this post


Link to post
Share on other sites

I think they key point here is the 'in a few months' bit rather than 'contract'

 

I recall that we once used to use an an outside cleaning company, but the cleaner who used to do the work on their behalf was useless. We gave notice that we were taking the cleaning back 'in house' and soon came unstuck when it was established that TUPE did apply. The substantial role of the cleaner in question was to clean our premises and ours alone, and as the undertaking was transferring to another company - ours - she had to be transferred to us on her existing terms. We then had to take her through a lengthy disciplinary process (legitimately due to the continued poor quality of work) whilst she worked alongside the member of staff that we had taken on to do the role

 

In your case, where the service provision is ceasing the redundancy situation may well be lawful, even if the employer is known to be reintroducing in house catering in future. The break in that provision so long as it is distinct and for valid reasons would most likely be sufficient to remain on the right side of the law


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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

Agree; the break means they are not taking over a going concern.


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

If this a 'sham' redundancy, and the break in service provision appears to be there to avoid TUPE, then you may find that the redundancy is in fact an unfair dismissal.

 

Potentially there may be enough there to give your current employer a serious headache. You can speak to a solicitor if you wish to push this forward.

 

Even if it is an unfair dismissal, you'd still be expected to search for a new job. So it might be best to start searching unfortunately.

 

If its any consolidation, the redundancy payment for someone with 36 years service should be pretty substantial.


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

This is what your entitled to

You get:

0.5 week’s pay for each full year worked when you’re under 22

1 week’s pay for each full year worked when you’re between 22 and 41

1.5 week’s pay for each full year worked when you’re 41

 

If you google redundancy pay their is a calculator

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...