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    • Hi @BankFodder
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      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
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Hi,All

 

please can i get some advice regarding todays events,

 

i was off sick with a trapped nerve in my lower back (I am a delivery driver)

 

i was asked by my manager via text if i would return to work as a passanger to show the lad covering my run the route as my normal finish time is 14.00 and he finished at 19.30 the previous day, I agreed to this and also informed my manager that the Naproxin and anti inflamitaries do help a little so i will chip in as much as i can,

 

Upon arrival at one of my deliveries which was a pub that doesnt open until 11.00am we got there at 10.40 and i was absolutely dying for a wee

i checked the gate to see if anyone was already there so i could use their loo however it was all locked up

i decided to go to the furthest secluded corner of the car park to have a wee,

 

suddenly i heard a woman shouting at my work mate but couldnt work out what she was saying however her tone was very aggressive,

i finished and went to see what the commosion was about,

 

i saw a female hanging out of the upstairs window of the pub (in the whole year ive been delivering there i never knew that they lived above as someone always comes and opens up)

 

she started to hurl abuse at me something about a tramp weeing in her car park

i calmly apologised and explained that i was very desperate and couldnt hold until they opened up in 15 minutes

she was having none of it

 

again apologised and got back into the lorry and rang my boss to tell him.

he told me he would sort it and not to worry.

My colleague then returned explaining that they were refusing the order so we took it back.

 

Upon arrival back to work i saw my manager who said that they'd complained and are wanting to speak with the directors

therefore he doesnt know what will happen now and the pub has told them they dont want me delivering there anymore

 

if they order tomorrow i wont be on it, (however id only returned from sick to show my colleague this round so would i be in my right to go back off sick)

Also the pub had sent in some sort of footage showing my colleague smoking in the lorry and my manager said i apparently "jumped" out of the lorry which is not bad for someone with apparently a bad back,

 

i actually felt insulted and said id already told you im on medication and it does help a little so i will chip in as much as i can.

if i was faking it i wouldnt have gone in at all why would i ?

 

would it be advisable to get a doctors note explaining the problem to my bladder that this trapped nerve has caused.

My previous 2 deliveries were schools who dont let you use the toilet for obvious reasons and i was in rural area with very thin roads no lay bys nor services.

 

Any advice would be greatly received, sorry about the spelling

Edited by dx100uk
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If the trapped nerve and/or medication affects your bladder then get a medical note

 

If however, it is not true then don't

You would be making a bad situation worse

Edited by Andyorch
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If you know you have that condition then, like pretty much every driver, you carry a bottle. I’d be furious if I were the customer and can’t see much hope on this one. Poor planning doesn’t excuse gross behaviour.

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 law safeguarding children takes precedence over the HSE guidance HSG136 referred to. HSE guidance is just that, guidance on general good practice, not a statement of the law (and clearly refers to large premises with loading and unloading bay areas, not something a school would have). "When deliveries and collections are made, loading and unloading areas should ... have a safe area for drivers to wait that allows them to rest between driving shifts, especially if they may be waiting for several hours, with easy and safe access to toilet, washing and refreshment facilities and shelter in case of bad weather". No school is going to allow delivery drivers to wander around the school using the toilets and washing and having their lunch.

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Yes, I agree with this.

 

The school should have allowed you and if they had safeguarding issues then they should have provided someone to follow you

 

In construction, sometimes we get workers who have no DBS, the school gets someone to watch over them while they do short work in classrooms

 

The school usually sends the bill back to us though (£10/hr and no more)

 

Anyway, your health condition would be mitigation so get the medical note

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The school should have allowed you and if they had safeguarding issues then they should have provided someone to follow you

 

All schools have safeguarding issues about allowing strangers into the building when children are there. There's no 'if' about it.

 

Schools do not have staff available to escort delivery drivers to the toilet! Nor are they under any obligation to do so. If you are lucky they may have a visitors toilet in the reception area which can accessed without going into the main school building, then no problem. My school has that, most schools don't.

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You cannot go urinating in some ones car park....... If you have a medical condition then you would have a catheter fitted or son other way of staying decent.

 

You've urinited in public... Offence and potentially could of been charged with exposing youself as well.

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You cannot go urinating in some ones car park....... If you have a medical condition then you would have a catheter fitted or son other way of staying decent.

 

You've urinited in public... Offence and potentially could of been charged with exposing youself as well.

 

I don't agree with the OP at all but wow, that is harsh. Maybe you would feel different if ever a debilitating condition affects you.

 

H

42 years at the pointy end of the motor trade. :eek:

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If I had a medical need my GP or consultant would suggest a medical solution.

Pee-ing in a car park would not be on there list of sugestions.

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We all make mistakes, I guess the OP must have realised that he made one

 

Maybe we should just focus on what advice we could give

 

Don’t fight lost causes and apologise where appropriate. But first OP has to get past making excuses for himself.

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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Dear Moggy491,

 

I haven't walked in your shoes so I wouldn't criticize you

 

By the way, how long were you off sick?

 

From what I can see, you were desperate to come back to work and you made the mistake of starting too early

 

Most people love being productive and working and I feel you just wanted to get back to work

 

I hope your employer is reasonable about the whole situation

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Unless the doctor is prepared to write a statement about the link between the trapped nerve and bladder problem, the employer could be hardly punishing you.

When you're not fit for duty don't go to work.

Employers have no mercy, so why should employee go out of their way to please them when there's a good reason for not doing so?

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all schools have staff toilets. Safeguarding rules dont exclude people from entering the premises, they talk about unchaperoned contact with children and so forth, not a bar on using building facilities. Common sense should prevail

 

 

 

 

 

 

The law safeguarding children takes precedence over the HSE guidance HSG136 referred to. HSE guidance is just that, guidance on general good practice, not a statement of the law (and clearly refers to large premises with loading and unloading bay areas, not something a school would have). "When deliveries and collections are made, loading and unloading areas should ... have a safe area for drivers to wait that allows them to rest between driving shifts, especially if they may be waiting for several hours, with easy and safe access to toilet, washing and refreshment facilities and shelter in case of bad weather". No school is going to allow delivery drivers to wander around the school using the toilets and washing and having their lunch.
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Don’t fight lost causes and apologise where appropriate. But first OP has to get past making excuses for himself.

 

first of all as quoted in my op i apologised twice whilst explaining the situation to the customer, and whilst taking a whole load of verbal personal abuse, To be fair your response Emmzzi is no help whatsoever and only judgemental and patronising. So therefore would request that you get off you're high horse and keep ones personal opinions to ones self. other than that please do have a nice day.

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Dear Moggy491,

 

I haven't walked in your shoes so I wouldn't criticize you

 

By the way, how long were you off sick?

 

From what I can see, you were desperate to come back to work and you made the mistake of starting too early

 

Most people love being productive and working and I feel you just wanted to get back to work

 

I hope your employer is reasonable about the whole situation

 

Hi dondada,

I had trapped a nerve over the weekend just gone and my first day off sick was monday, My boss later text me asking if i would come back to work and just sit in the passenger seat to guide my replacement driver around the route as i do this route in 6 hours yet it had previously taken the replacement 12hours , i agreed to this as to be fair with work and also expressed that my pain is less whilst on my medication so will chip in in any other way i can throughout the day.

so basically i was off sick for 1 day,

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Hi dondada,

I had trapped a nerve over the weekend just gone and my first day off sick was monday, My boss later text me asking if i would come back to work and just sit in the passenger seat to guide my replacement driver around the route as i do this route in 6 hours yet it had previously taken the replacement 12hours , i agreed to this as to be fair with work and also expressed that my pain is less whilst on my medication so will chip in in any other way i can throughout the day.

so basically i was off sick for 1 day,

 

 

So you were trying to help out A lot of people would have stayed home

 

I see you as a good person trying to assist his employer

 

I really wish you the best and pray that your employer is also reasonable

Edited by honeybee13
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So you were trying to help out A lot of people would have stayed home

 

I see you as a good person trying to assist his employer

 

I really wish you the best and pray that your employer is also reasonable

 

Trying to help out doesnt excuse himself from potentially breaking the law.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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On a Friday night, I see a lot of people peeing in the streets and every available place. They must have been drinking heavily

 

The OP wasn't drinking but had a medical condition He stepped up to assist despite that condition

 

I really can't fault him at all I really hope he forgives himself too

Edited by honeybee13
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Trying to help out doesnt excuse himself from potentially breaking the law.

 

I dont know how true this is but i have been informed there is no law against urinating however there is for public indecency, being in a secluded place out of public view and on private property would not constitute public indecency, only advised of this so dont know how true it is,

was also advised by my boss that you by law can urinate against your back left wheel, however i would then be closer to the building, in clear view of the public and in the middle of the car park,

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I dont know how true this is but i have been informed there is no law against urinating however there is for public indecency, being in a secluded place out of public view and on private property would not constitute public indecency, only advised of this so dont know how true it is,

was also advised by my boss that you by law can urinate against your back left wheel, however i would then be closer to the building, in clear view of the public and in the middle of the car park,

 

 

I don't know if this is true but I can see that your boss is a reasonable person

 

I don't think you should worry too much about the whole incident

 

I guess it is what is called Life

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Urinating on left back tyre!!!

Oh my!!!!

 

It is legal for a man to urinate in public, as long it is against the rear offside wheel of his motor vehicle and his right hand is on the vehicle.

 

Although this is widely reported as fact, this is actually not true.

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Urinating on left back tyre!!!

Oh my!!!!

 

It is legal for a man to urinate in public, as long it is against the rear offside wheel of his motor vehicle and his right hand is on the vehicle.

 

Although this is widely reported as fact, this is actually not true.

 

Yep in all fairness it’s very absurd but if my boss believes this then who am I to convince him otherwise,

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