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    • I will admit one thing but please please please, its not time to start blaming me, but it was covid peak I had my sister unwell, and initially did try mediation. That was part of it. the other reason was that the private parking appeals company who had written my defence and had a latter of authority just vanished and were uncontactable. so when I received the DQ, I was panicking and worried about covid and sister that I decided without admission of any guilt or that i owe them anything to go for mediation. However, that was unsuccessful.     Please Please its not time to start blaming me because I am a lay person and not familiar. However, I do ant to get this in time.   Finally, I will visit the site tomorrow and see if I can get any photographic evidence of the signages.   I have got a copy of the leasehold of the land from the registry.   I have also emailed Dudley council to see when the PPC applied for permission for  putting up the signs as well as permission for the ANRP. I sent it today so wont be ready for 18th January.    Not sure if we can get a bit extra time though because none of the two documents that I will be uploading  have reached me by post. they have been emailed to me by their legal team    Thankyou for all your comments.    
    • I will admit one thing but please please please, its not time to start blaming me, but it was covid peak I had my sister unwell, and initially did try mediation. That was part of it. the other reason was that the private parking appeals company who had written my defence and had a latter of authority just vanished and were uncontactable. so when I received the DQ, I was panicking and worried about covid and sister that I decided without admission of any guilt or that i owe them anything to go for mediation. However, that was unsuccesful.     Please Please its not time to start blaming me because I am a lay person and not familiar. However, I do ant to get this in time.   Finally, I will visit the site tomorrow and see if I can get any photographic evidence of the signages.   I have got a copy of the leasehold of the land from the registry.   I have also emailed Dudley council to see when the PPC applied for permission for  putting up the signs as well as permission for the ANRP. I sent it today so wont be ready for 18th January.    Not sure if we can get a bit extra time though because none of the two documents that I will be uploading  have reached me by post. they have been emailed to me by their legal team    Thankyou for all your comments.    
    • lastly did you send a CPR request?   Sorry I know CPR stand for civil procedure rules but the last thing i sent was the DQ to the court and the defence.
    • Thankyou dx   I have now redacted the claimants first WS   I have also redacted the bindle which contains the claim form and my defence   I will upload but just one last check please     The date of the alleged contravention and the times are all visible. Also, on the photographic ANPR the times are also visible.   The various hearing dates are also visible except the exact time of the day.   Is that OK or do i need to remove some of this info?    
    • bundle and WS are the same thing. all you need to do is do a witness statement  you have an advantage here don't lose it  you have their WS so can we can rip it apart.   do the link FTM says please get their WS up totally read our upload guide carefully inc use of PDF reducer /merge sites.   we dont need the cover sheet to each exhibit but everything else we need INC the name of the creator of their WS.   forget everything else you think you need to do or might have been wrong in process.   all you need to do is get a WS done and file it to the claimants sols and the court. pref by 18th.   lastly did you send a CPR request?      
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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.
       
      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
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Hired under annual salaried position, now only being paid for hours worked


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Hi everyone, 

 

Hopefully I can get some advice on what is a slightly unusual work situation.

 

A few years ago - firstly for medical reasons, and then due to relocating to another country - my UK (England) employer allowed me to work remotely full time. Previous to this, I was hired with an annual salary to work 37.5 hours per week in their office, which I had done for several years. One of the conditions that my employer specified upon switching to remote working, was that I had to now submit a timesheet and would only be paid for the actual hours worked, which I agreed to (this was all verbal - nothing signed). 

 

Fast forward a couple of years and my employer has been losing clients right, left and centre (and have done nothing to try and replace them), which has left me with an ever-lessening amount of work to do, and therefore, less and less hours that I can be paid for each week. Right now, it feels as though they are just squeezing me out, by not giving me new work, and therefore barely paying me.

 

At this point, I don't know what to do... Do I have any rights to ask for more money under my original salaried contract, to make up for the lack of work they are giving me (which is through no fault of mine)? I don't want to quit, because I have almost 10 years in the position and would in theory get some kind of redundancy pay, if they are eventually forced to let me go.

 

What should I do?

 

Thanks for any help you can give and sorry for the long post. Greatly appreciate you reading everything!

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you have worked for a substantial time under the new contract ( both parties agreed it so it is binding) so you cant demand to go back to your old one and nor can you expect them to pay you under the old terms either.

Look for something else and suggest reundancy to them to try and get a severance deal. It would be a matter for an ET so drawn out and uncertain if you go that way.

If you get a new job in a different company in the same field the working pattern will kill any exit clauses regarding non contact with your clients etc so your address book may be worth something to you

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1 hour ago, ericsbrother said:

you have worked for a substantial time under the new contract ( both parties agreed it so it is binding) so you cant demand to go back to your old one and nor can you expect them to pay you under the old terms either.

Look for something else and suggest reundancy to them to try and get a severance deal. It would be a matter for an ET so drawn out and uncertain if you go that way.

If you get a new job in a different company in the same field the working pattern will kill any exit clauses regarding non contact with your clients etc so your address book may be worth something to you

 

Yes, I did think that may be the case - i.e. after working a certain way for an extended period, that in itself becomes the agreement. Thanks for your reply. I shall speak to them and see if we can work something out either for more work, or perhaps redundancy, if they are not going to try and win new clients. Thanks again!

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9 minutes ago, essjaydee said:

 

Yes, I did think that may be the case - i.e. after working a certain way for an extended period, that in itself becomes the agreement. Thanks for your reply. I shall speak to them and see if we can work something out either for more work, or perhaps redundancy, if they are not going to try and win new clients. Thanks again!

 

One other questions relating to this:

If they refuse to make me redundant and instead continue to leave me with extremely low hours, to try and force me to quit, is there anything I can do? Can I argue that they have made my position redundant with the lack of clients/work, and therefore it is their duty to give me redundancy? Thanks.

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16 minutes ago, ericsbrother said:

Why arent you at a job interview today, that is the real question

 

Thanks for that wonderful insight, but unfortunately, due to many circumstances that you have no idea of, it isn't as simple as just going and finding another job - hence me starting to work remotely with this employer some time ago. Thanks for your input though.

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  • 2 weeks later...

Well, you arent working for them so you should have the time to look for another job and their treatment of you should give you the inclination.

If that isnt so it begs the question what do you want from this? a fat redundancy package? No chance and you already know that. Redundancy went out the window when you asked for the changes to your employment contract

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