Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Confused about Discretionary and Non-Discretionary extra hours


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1148 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi folks, a friend of the family is on furlough from a local hotel. They are contracted for 10 hours a week, with extra hours available, which are not mandatory but he is expected to be flexible when needed i.e. contracted for Mon and Thu mornings, but is scheduled to work regular extra shifts (same days and times each week) as well as any ad-hoc he can pick up.

 

In chatting he said that they paid 80% of their contracted hours and not their Average Pay. I must admit I do not have a clue about this other than what I have heard on tv etc. From this I thought they should be on their average wage, inclusive of the overtime over the last 12 months. I "tried" to read the HMRC for the rules, but they left me even more confused around the definition of Discretionary / Non-Discretionary. Even the examples other sites and people give a clear steer.... that I can see anyway.

 

It seems that there are still people not having a clear steer on this. Anyone with real world experience on if he is being short changed as he is universal credit and like many others is trying to survive on a much reduced income, which could be helped by factoring in the regular extra hours.

 

Cheers in advance

Link to post
Share on other sites

3 minutes ago, smithy49 said:

I would have thought that the furlough will be based on contracted hours only. Its my understanding that the average is paid when its zero hours contracts etc but I might be wrong

 

 

Cheers for the reply Smithy, one of the reasons for the thread. Gov site says Regular Wages. The definition of Discretionary seems to imply both are correct. In one way this is an education for me as well as trying to help out my friend.

 

"You can claim for employees on any type of employment contract, including full-time, part-time, agency, flexible or zero-hour contracts. Foreign nationals are eligible to be furloughed. Grants under the scheme are not counted as ‘access to public funds’, and you can furlough employees on all categories of visa."

 

and

"will pay you at least 80% of your regular wages, up to a maximum of £2,500 per month, for the hours you are furloughed (not working)" (my bold)

 

along with this bit

 

What to include when calculating wages

If you’ve already claimed for an employee who was on furlough during October, and they are paid a fixed salary, you will follow the same usual wage calculation for claim periods after 31 October 2020.

The amount you should use when calculating 80% of your employees’ wages for hours not worked, is made up of the regular payments you are obliged to make, including:

and finishing with

 

Non-discretionary payments

When you’re working out if a payment is non-discretionary, only include payments which you have a contractual obligation to pay and to which your employee has an enforceable right.

When variable payments are specified in a contract and those payments are always made, then those payments may become non-discretionary. If that is the case, they should be included when calculating 80% of your employees’ wages.

Non-discretionary overtime payments

If your employee has been paid variable payments due to working overtime, you can include these payments when calculating 80% of their wages as long as the overtime payments were non-discretionary.

Payments for overtime worked are non-discretionary when you are contractually obliged to pay the employee at a set and defined rate for the overtime that they have worked.

 

 

 

  • Like 1
Link to post
Share on other sites

7 minutes ago, Emmzzi said:

It seems quite late in the day to be querying this when furlough has been running for a year - why is this a question now and not, say, March 2020?

 

Cheers Emmzzi, basically it could come down to we never discussed it before, it never crossed my mind to ask, and he has never mentioned it.

 

It is a small hotel where the owners are more than likely to not understand the rules as much as my friend back then, and  just never revisited  since (without any knowledge of how they have to report to the schemes)

 

I do despair sometimes about my chosen town and some of the "thinkings" that go on. 

Link to post
Share on other sites

If he got money back, no doubt the would be happy, but doubtful. My goal today was hopefully to get him a few extra quid going forward, I know the stress he is under, at least if I could get an understanding of this he might be able to talk to this boss going forward. He enjoys where he is and would like to stay, but as you say, not many other jobs just now; and here is hoping we can open safely soon.

 

Our org is quiet lucky, most of us have been able to stay at home working, and most of those that were going to be furloughed etc were able to be re-deployed to other areas that have been left fallow for years.

  • Like 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...