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    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I do see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
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Hi guys,

 

 

please advise.

 

 

Friend of mine was pulled into the office and told he is having a disciplinary. One lady took notes as the manager and my friend spoke. It was simple. My friend was accused of harnessing the 3rd party in store tea lady. Harassment was of sexual nature. My friend understood it as flirting.

 

 

Now my friend is very clear he has not and will not flirt with that lady. Nor has he spent any longer with the exchange with her then anyone else ordering a coffee.

 

 

This came to him as a shock and out of the blue. He was given the paperwork of the disciplinary same day.

 

 

Many months have passed and nothing has happened.

 

 

Same thing happened to him few weeks later. He was pulled into the office, out of the blue and was told this is another disciplinary. This time he is being accused of being rude to a customer. Infact customer was told to either spend more money or go else where.

 

 

Again my friend 100% disagrees that this ever took place.

 

 

Again all the paperwork of the notes and signatures were given to him.

 

 

No further word of any disciplinary have been uttered. No follow ups. No further meetings etc.

 

 

both were first level disciplinarian.

 

 

Am I correct in thinking these can be used against him if he was up for promotion into management?

 

 

Also was he not supposed to be given a warning, letter stating in 7 days you have this and that go seek legal help?

 

 

What is the correct procedure? What can he do?

 

 

Both of them are now close to 2 months old.

 

 

From my basic knowledge the way both hearings were conducted are illegal.

 

 

Now that his wife is pregnant, they need to move to bigger house and hes in a position where he can request SIM and move to another store, he is worried.

 

 

He works for one of the Dixon retail stores.

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I don't think they were disciplinary hearings, otherwise they would (should) have told him about it in advance and advise that he was entitled to a union rep.

These were most likely investigatory meetings and no news after them is good news, especially after such long time.

He can always ask, but I wouldn't wake a sleeping dog.

In malicious (bogus) sexual harassment cases my advice is always to go on the attack to clear your name by using grievance procedure.

Usually the malicious complainant backs off and states things along the lines of "maybe I misinterpreted his comment", exposing them as stupid at best.

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thank you so much,

 

 

however, from what i saw, the paper work was clear, they were hearings not investigation.

 

 

he was informed they will be attached to his employment record etc.

 

 

sexual harassment he is less worried about as quite frankly unless for the coffee almost everyone avoids her.

 

 

i was in pc world for 10 years. he has been there 4 years now i think. i will not be supprised if they are too stupid to presue any of the hearings.

 

 

thank you once again.

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Hearings...

Of what nature?

Investigatory hearings maybe?

Everything stays in your file, unless you prove that it should be out for a good reason.

He should be very worried about the sexual harassment allegation because in 15 years someone can make another allegation and this would be held as a precedent.

By then most likely the "lady", the manager and most of his colleagues would have moved on, so who's going to explain that it was a bogus complaint?

Better to sort it now.

I would sat human resources and ask for his entire file.

See what's there regarding the sexual harassment allegation (I bet they've given him a warning without telling him, memories from when I was a younger lad and a couple of my friends worked for the same company).

Once in possession of all the paperwork he can:

1. Use the grievance procedure to clear his name against the complainant

2. Ask hr to remove it from his file if grossly incorrect. This would go under the GDPR (dpa), however he would need to prove that this, his data, doesn't match reality.

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It is possible that they have decided to use a lower level of the ACAS code and give him a noted verbal warning. The lack of using the correct procedure wouldnt automatically discount this but would make it difficult for anything more severe to go unchallenged

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in store tea lady? In this decade??

 

 

Anyway. Can he not just ask his boss what the outcome was?


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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In store tea person..... Equality act.

 

Ones persons flirting could be another persons sexual harassment.

 

Know your audience

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What paperwork has he been given? Has he had any written warning or verbal warning issued?

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