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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.
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      Many thanks, stay safe and have a good Christmas!
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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How to approach a settlement agreement with your employer

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4 years service continuous, rocky employment.


Currently working my notice period due to evident constructive dismissal.


Despite a grievance being submitted with my resignation no investigation has been commenced and a meeting was held where i was offered a PILON payment to leave that day.


How do I approach a settlement agreement proposal with the employer it's an evident breakdown and It will save a lengthy tribunal process

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PILON was just notice period but it's shown me they don't see any prospect of repairing the relationship.


The evidence is against them and I want to propose a PILON payment of 6 months salary and I'm gone

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Demotion, breach of contract, withdrawl of occupational health reccomendations, discrimination in terms or flexi working mine was revoked however another was allowed same team same working hours. Mine was in place 14 months before being revoked was revoked to allow promotion only for another colleague to be promoted on her flexi weeks later.

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Sometimes people shout and sometimes promotions don't work out. Neither are breaking the law.


Tell us more about the occ health reccomendation, remember it's just a reccomendation and also not legally binding.

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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The only thing you have that might stand up at a tribunal is possible discrimination in flexi time. If its for family reasons it will have more weight.

All the rest wont have much If any weight at all.


PILON will be as your contract states how long they have to give. Its normally one month If your monthly paid

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Was the PILON their idea of a "settlement"?

Did they advise you that you should have a lawyer look over the terms of the settlement proposal and that they would pay for it?


Also, I didn't think one could work their notice and then claim constructive dismissal,

I'm pretty sure you need to resign immediately after suffering the detriment, without notice.


Since you haven't done that and have started working the notice you might have more trouble than before trying to prove constructive dismissal.

I'm not sure why you think they would offer you six months pay to go one month early?

They'd rather just wait until the end of the month and then it won't cost them anything.


What needs to be done is you need to document your grievances in chronological order and then go through each event and see which ones are potentially caused by unlawful acts on behalf of your employer. Tick off the ones that meet the criteria and then see which ones can still be heard by the ET.


Depending on the look of that list at the end you'll be able to see whether or not you have any strength to negotiate with the employer and can then approach them with an 'without prejudice' offer to settle but you'll need to first let them know that you have cause for seeking legal redress in the event settlement cannot be agreed upon.


If you want you can list the grievances here and then we can have a look or you could ask the CAB or your TU if you belong to one and prefer to keep the details of the grievance private at this stage.


Remember, the ET give you less than 3 months to make contact with it so don't hang around.

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