Hi guys This is my first post so I hope I do it right. I have recently changed job and my previous employer has deducted nearly a thousand pounds from my wages to cover training that I have had in the last year. I have changed jobs within the last 10 weeks. My previous employer has a clause in the contract that they can make deductions for training if I leave within 12months of the training being completed. I completely acknowledge this. Here is my question, sort of! I have asked my previous employer to pay me back. The reason for this is that I do not believe that my contract was ever valid. The contract was for a specific job title of mobile sales and service technician. In order to hold this, or any other role in the company, new staff must complete a compulsory training course leading to a City and Guilds qualification. The company is set up as a franchise so the franchisee has entered in to a contract with the franchisor which includes clauses to cover the training of staff. My employer refused to send me on this course for 4.5 years. I asked to be sent on the course over 10 times. The course that he decided to send me on before I left was completely unrelated to the business model and was something he wanted to venture in to. It produced some results and the course made the company more profit than the course fees. Whilst I was with the company, the employers son joined. He was sent on the compulsory course as soon as he started and I was still refused. I was the only employee of this company, out of 750+ in the network, not to have been given this training. It was for this reason amongst others that I have changed job. I now have I higher position and a greater scale of pay. I know that I cannot quote constructive dismissal as I found another job before I handed my notice in. How can I get the money back? Do I need to go to Tribunal? Many thanks in advance, Andy.

Is there a vodafone rep available asap. as mum's account has gone awol and we have another user's account.. . rang today was promised a call back within 3 hours 4 hours came and when then phoned back and got told he must be telling you the wrong information its more likely to be 24-48 hours. . arghhh totally unacceptable .. if i can access this chaps information and i mean all of it then i have potential to commit fraud as does the person who has mine?? why are you NOT taking it too seriously

Desperately need advice, I can't sleep with worry I was offered a job by a new company around 3 weeks ago, handed my notice in with current company, but my notice period is 3 months. I managed to come to an agreement with them that it'd be 8 weeks which means I'd have left on the 14th Sept. A colleague of mine is pretty disgruntled and said he was looking to move. I sent him an email saying the following to his PERSONAL account from my personal account Anyway, this bloke has grassed me in to the higher ups, and today they've lawyered up and brought me in to a room. First of all, they've threatened me with legal action. The exact words is as follows The question: Where do I stand here? Any help is appreciated. What's the deal regarding my notice period? I've got email confirmation of an earlier end date, is this legally enforceable in any way?

Good Afternoon, I would appreciate some advice please as I am so frustrated and annoyed at what recently happened to me. I have worked at a company for almost the last year (51 weeks), and with no warning other than a meeting request 15 minutes beforehand, I was told I did not pass my probationary period ( I thought my probation period was 6 months...its not specifically mentioned anywhere in my contract, though it does say in my offer letter that there would be an appraisal after 6 months...which has obviously come and gone)... and had to exit immediately. I was given a weeks notice, but was told I did not have to work it. I have never been on any performance management, or had any issues regarding my performance with HR... in fact as no-one had mentioned anything to me beforehand, I assumed I was doing quite well...then I was let go!! I know being less than a year there limits my rights, but when a company has performance management procedures and disciplinary procedures in place to follow, can they just do this to me?? Look forward to some responses....thanks in advance

My friend and I have been renting our house since 9th March 2012 through a letting agency. The rental of £475 has been paid in full every month, until.... During May 2012 we received a letter, recorded delivery, addressed to 'The Occupier' from Winterhill Largo with a Notice Of Inspection. The letter went on to notify us of a change in receivership for the property. After a brief phone call I was informed by Winterhill Largo that our landlord had missed mortgage payments on the property and therefore the house had been repossessed. I immediately notified our letting agency but they didn't know anything about it! Further letters were sent from Winterhill demanding payment to them, not the landlord or his representatives. We made copies of all the letters and gave them to our agency who informed us they could not get in contact with this company and adviced us not to pay anything to anyone until the situation had been rectified. We have received a letter today from our letting agency confirming our property is now under new ownership and demanding payment of £1250 in rent arrears! Does this disruption results in a breach of our tenancy agreement? We are now frantically looking for somewhere else to live and would prefer to use the money saved during this period to secure new accommodation. Do I have any rights?

Hi, I run a limited company and suffered some financial difficulties within the last three years which meant our bank Natwest (RBS) piled loads of banking charges onto our account meaning our overdraft was used and we could not get out of it. At the beginning of 2011 they decided that they wanted there overdraft back and it meant we had to pay up in full (£10,000) or face a default judgement (ccj). We couldnt afford this and ended up with a ccj on Oct 2011. Natwest wouldnt reduce our overdraft gradually nor allow us to pay over a period of time. This ccj was passed to me directly as I was the guarantor for the overdraft. We are / were let down by the reccession and RBS losing money and pulling back their credit facilities. This ccj has caused us many problems and has caused us much financial restraint affecting our earning potential and has put our business in serious trouble financially. We know we were not great before having to use our overdraft but they have not helped us during difficult times. Do we have a potential case against Natwest for unfair charging and not trying to help us as a business after 10 loyal years with them??? We urgently require help in recovering our losses and charges paid. Is there anyway of getting the CCJ overturned 9/10 months in? We are paying monthly repayments, but are nominal due to our hardship. We have been charged £8,500 in bank charges over the last couple of years which made our overdraft always active. We are still trading but for how long im not sure. Even without the Ltd company I still have the ccj personally. All advice and leads greatfully received. Are there any legal avenues we could try? Thank You in Advance

Hi guys, Hope someone can help. A DCA contacted me with an alleged debt owed to Orange, I had no knowledge of the debt, asked for evidence, none provided. I spoke to Orange who said the alleged debt had been sold to the DCA so they couldn't even discuss it. Heard no more about it so assumed the error had been resolved. In 2011 I got a letter from Orange and a new DCA saying Orange had sold the debt to them. I wrote to both, again stating I had no knowledge of the alleged debt, please provide proof. Also argued that as Orange had claimed to have sold the debt previously, where was the Notice of Assignment from the old DCA back to Orange? Didn't hear anything from Orange and the new DCA said I would have to prove the debt didn't exist via a letter from Orange, got a couple more standard letters but then heard no more from either. I've just checked my credit report and the (new DCA) have registered a default. In addition to this it seems they are registering a 'non-payment' every month. The alleged initial default was in 2009 but if they keep registering a default every month effectively it will never drop of my credit report. Furthermore, even I did owe the outstanding amount, the DCA have bought the full amount, I have made no agreement with the DCA to make a monthly payment so how can I be defaulting every month?! Orange don't respond to my letters and DCA won't stop until they get a letter from Orange confirming it was an error so I'm stuck with an alleged debt that I have no knowledge about. Is there any way I can get them to stop adding defaults and remove what is there? And also, insist on receiving proof of the debt? As it's a phone contract apparently the CCA rules don't apply as credit isn't involved so I'm a bit stuck with this one! Thanks for any help

Hi all, I was knocked off my motorcycle two weeks ago by a driver on their phone. Her insurance company agreed to accept liability - however they have now sent me an 'Assignment and agreement form' to sign as the insured was in breach of their contract. They have said that if I sign this form, they will payout as agreed, rather then me have to persue her through the courts to get an order, which ultimately they will have to pay. I get this is cost avoidance on their part, but is it normal practice and is the form (below) ok, I am slightly worried about this section " NOW IT IS AGREED AS FOLLOWS:- (i) EUI Ltd shall make and the Claimant shall accept a payment and payment shall be made and accepted in full and final satisfaction of all claims whatsoever which the Claimant may have or acquire against EUI Ltd in respect of the damage to property and/or bodily injury caused by or arising out of the incident. (ii) The Claimant acknowledges receipt of this payment". As no payment has been made yet. I have asked them to provide a full breakdown of what they will pay before I sign the form. Thanks John ================================================ ASSIGNMENT & AGREEMENT This Assignment and Agreement is made the xx June 20xx between Mr xxx xxx (hereinafter referred to as "the Claimant") and EUI Ltd of PO Box 18, Cardiff CF10 3WX (hereafter known as ‘EUI Ltd’). WHEREAS (a) The Claimant has suffered damage to property and/or bodily injury caused by or arising out of an accident dated xx xxx 20xx (b) In the light of the enquiries that have been made it appears that: (i) An ‘uninsured driver’ is liable or is held liable to the Claimant in respect of the damage to property and/or bodily injury arising from the accident. (ii) This liability is a relevant liability as defined in paragraph 5 below. (iii) There is no Insurer (or no Insurer whose identity can be ascertained) who is obliged under any contract of Insurance to indemnify the Uninsured driver in respect of this liability. (iv) The Uninsured driver at the time of the accident was driving vehicle insured under a contract of Insurance between EUI Ltd and a person insured or purportedly so insured by EUI Ltd; ‘the Insured person’. (v) Accordingly by virtue of and in accordance with the provisions of the Road Traffic Act 1988, EUI Ltd could become liable to satisfy a Judgment obtained by the Claimant against the Uninsured driver in respect of this liability should the Claimant litigate the matter © The Claimant has applied to EUI Ltd or the Uninsured Driver for payment of fair and reasonable compensation in respect of the damage to property and/or bodily injury and has offered to assign to EUI Ltd his/her rights of action against the Uninsured Driver as set out below. (d) EUI Ltd is desirous of avoiding delay and unnecessary litigation and cost and has offered to make a payment to the Claimant based on the fair and reasonable compensation for the damage to property and/or bodily injury and to take and assignment of the Claimant's rights of action as set out below. NOW IT IS AGREED AS FOLLOWS:- (i) EUI Ltd shall make and the Claimant shall accept a payment and payment shall be made and accepted in full and final satisfaction of all claims whatsoever which the Claimant may have or acquire against EUI Ltd in respect of the damage to property and/or bodily injury caused by or arising out of the incident. (ii) The Claimant acknowledges receipt of this payment. ASSIGNMENT 2.1 The Claimant hereby assigns and transfers to EUI Ltd absolutely: (a) All rights of action and right to claim damages (other than in contract) of the Claimant against the Uninsured driver and the Insured person in respect of the damage to property and/or bodily injury caused by or arising out of the accident and; (b) All rights of action and right to claim damages (other than in contract) of the Claimant against any person in respect of the damage to property and/or bodily injury caused by or arising out of the accident, providing always that such person was at the time of the accident under a relevant liability as defined in paragraph 6 below. 2.2 Accordingly EUI Ltd shall be free, but not obliged to make claims and take legal proceedings in its name against the Uninsured driver and the Insured person and/or any other persons referred to in paragraph 2.1 (b) above. EUI Ltd shall indemnify the Claimant in respect of the costs of such claims and legal proceedings if not recoverable from the Uninsured driver and the Insured person. CONSENT TO MAKE CLAIMS AND TAKE PROCEEDINGS IN THE NAME OF THE CLAIMANT 3.1 Additionally the Claimant irrevocably agrees to permit EUI Ltd to make claims and take legal proceedings in the name of the Claimant: (a) Against the Uninsured driver and the Insured person in respect of the damage to property and/or bodily injury caused by or arising out of the accident, and/or; (b) Against any other person in respect of the damage to property and/or bodily injury caused by or arising out of the accident. 3.2 EUI Ltd shall indemnify the Claimant in respect of the costs of such claims and legal proceedings if not recoverable from the Uninsured driver and the Insured. 3.3 The benefit of proceedings shall accrue to EUI Ltd. 4. INFORMATION AND ASSISTANCE As a condition precedent the Claimant undertakes to give EUI Ltd and their Agents all information and assistance in his/her power and understands that he/she may be required to give evidence in legal proceedings and agrees to give such evidence. EUI Ltd will pay the Claimant's reasonable expenses incurred in providing such information and assistance and/or attending as a witness at such legal proceedings. 5. VALIDITY If for any reason it shall hereafter appear that this assignment is or might be in part or in whole invalid or of no effect the Claimant hereby authorises the EUI Ltd at its own expense to bring against the Uninsured Driver or Insured person in his name, such claim as may appear to it expedient, EUI Ltd indemnifying the Claimant and holding him harmless in respect of all costs and liabilities arising out of such claim; and in the event that it shall hereafter appear that the assignment hereof is in part or in whole invalid or of no effect the Claimant shall execute in favour of EUI Ltd an assignment of the proceeds of such claim and shall be liable to reimburse EUI Ltd in respect of its outlay; Provided that (1) the EUI Ltd will not seek to enforce such reimbursement other than by the recovery of the aforesaid proceeds of the claim against Uninsured Driver or Insured person and (2) to the extent that the assignment hereof is valid and effective the same shall subsist and the EUI Ltd shall not be required to execute any re-assignment to the Claimant 6. DEFINITIONS In this Assignment and Agreement:- "Contract of Insurance" means a policy of Insurance or security. "Insurer" includes the giver of security. "Relevant Liability" means a liability in respect of which a policy of Insurance must insure a person in order to comply with Part IV of the Road Traffic Act 1988. "Accident" includes two or more casually related accidents. Signature: ...................................................Claimant: ...................................………. Signature: ................................................... For and on behalf of EUI Ltd ==================================== Thanks again John

Hi, thanks for reading post - look forward, I hope, to your comments! If you were out and about locally where you lived, bumped into a couple of ex colleagues who you had worked with for several years - if they then proceeded - unprompted by yourself - to tell you that, they had recently had an allegation made against them at work, had been investigated, had to attend a susequent disciplinary hearing, the outcome also revealed - which was no case to answer - and also named the person who had made the allegation against them (who you used to work with also and knew well at that time) - would this be considered to be a breach of confidentiality? I know, that you are always told after such events, having just had my own recent DH, that you are told, that the information is confidential and must not be discussed - yet my Union rep says that it is not a breach, as this happened to them - is their own personal information, and if they want to discuss it they can - confusing!!!! i would welcome your comments! thanks in advance as always x

I hope I've posted in the correct section as most of the Data Protection issues seem to be about Defaults. Recently a pony which was stolen from me some time ago has been found wandering loose. RSPCA scanned it and luckily the chip was still in my name. They called me and left a message. I called them four times to finally get a reply. I was then told the pony had escaped from a garden which it had been put it My issue is this. I fianally traced the lady who's garden the pony had been in and she told me that an RSPCA Officer had told her she could keep it or give it away as they would rather it didn't come back to me! They told her I was 'known' to them. This has caused huge problems with the lady thinking I'm some kind of monster and she won't let me have access. Cut a long story short the pony is coming back now, but I'm fuming. Yesterday I called the RSPCA and got the Inspector to call me back....which she did. She told me that there was no way they would have said anything about me and it would have been a breach of Data Protection. She seemed genuine. I have also found out that another Inspector was involved and it was him who'd come out with all of this. I haven't yet spoken to him. To summarise: The lady RSPCA Inspector called both myself and the lady holding my pony yesterday and confirmed that yes, I was on file with absolutely no cause for concern and that the pony should be returned. My problem is that the lady holding my pony cannot be lying as the RSPCA had also told her I'd moved from the address they had. Someone is lying to me and I know they have discussed me with this lady. Yes, the RSPCA were called out after I rescued a pony last year. When they came out they were amazed with how well I'd done. I made sure I gave them all the photos and contact details of where I'd got him from. So, an Officer who has said to someone 'Keep the pony as we don't want it going back to the owner as she's known' is surely breaching data protection? I want to make a SAR today, but am also going to leave a message for this second Inspector to call me as I'd like to question him. Am I doing the right thing? Could someone then remove anything that may be on file before I receive a copy? I hope my post makes sense as I'm so angry.

Hi All, Just thought i would ask advice about my situation, but must tread carefully in my wording as this is an ongoing issue. I worked for a major UK company, and after a series of bullying, and victimization incidents by the company, including their breach of contract, i finally complained using the terms of my employment rules through grievance procedure. 3 days after the informal stage, the company dismissed me on made up charges that have been refuted by multiple members of the company that have come forward to support me. 15 minutes after i was dismissed, and made to leave the building (after being refused representation), the MD sent a circular email to every member of the UK wide network telling them that i had been dismissed...It took me an hour to get home, so therefore the entire network new i had been dismissed before my own family I have now been anonymously given a copy of this email, which shows the names of every person in the network that it was sent to, the time it was sent, and the message does indeed mention me by name. i know there are many employment specialists on this forum, so here's the question..., how should i proceed ? Is the email more damning evidence than the non representation, or the victimization, or the breach of contract ?

Hi there, I wonder if anyone can provide advice. I won't go into too much detail but I am leaving my current job and starting a new one in June. I am on leave at present. I have found the new job whilst employed and it does reflect a promotion however I have only left due to bullying which my area manager is aware of. My reason for the post is the area manager instructed the branch to post all communications including payslips to my home address. After the area manager informed them of my leave date and saying he was sorry to see me go etc. someone from the branch put a mug and what looked like a payslip and dumped it at my daughter's place of work. They were told that she was away on hols but the person still left the items. My daughters' work station is not staffed in her absence apart from 2 days a week and my items were not kept secure as it is in a public area. You can imagine the gossip this visit generated and also they can't believe a company would allow this to happen. I hadn't made arrangements for this to happen. The 'payslip' actually was my end of year document so just ideal for someone to use for identity theft purposes! I have written and complained and asked how this could happen and I do know who was responsible but I do not know about privacy rules regarding payslips etc. except that common sense tells us that their actions isn't something that is acceptable.

Hi All In June of this year i approached a software developer to produce an iPhone app for me. We had a couple of web meetings and a price was agreed and i was informed that they estimated it would be competed and on the app store mid august. We are now in november and my app is still not complete. More than seven deadlines for completion have been missed. Moreover the actual BETA (test) app they delivered earlier this month, crashed and was not to spec even basic spelling was not correct. I since found they are farming out the coding to India I have paid 50% of the cost of the app upfront. It was made clear to them that a competitor was developing a similar app when they found out about mine was in development, theres was out in August. Suffice to say i have lost a huge amount of potential customers who have used my competitors app and i cant get the developers to finish my project. In summary I have paid a thousand pounds up front for a app that was expected in August and have nothing to show for it. What would your advise be for my next step, when I challenged them on the delays i keep getting fobbed off with "thats the nature of app development" Can i request my original money back as app is not fit for purpose and breach of contract for timescale? Do i have to give them a timescale first to put the app right? bearing in mind its three months late. Any commets gratefully received

nhs contracts? Hi all, i am now working in the nhs as part of the theatre department and in doing so signed the usual contract agreeing to working on calls, late shifts and weekends etc, the problem is that some staff are not taking part in this arrangement because of various reasons ( my cats scared of the dark or little johnny wets the bed) sanctioned by the managers and therefore the remaining staff are having to work extra shifts to compensate. My question is, are we all being treated equally and do we have any basis for taking action against the management. Any help would be great. Cheers.