Hi folks, any solicitors in the forum or anyone legal minded able to offer advice?
My wedding reception was unable to happen last month because of restrictions in the north. One of the vendors, who supply lights, backdrop etc, are not playing ball with the refund, they say they will only refund 50% of the total £1300 as a "gesture of good will". They say the other 50% covers "admin costs associated with initial booking".
Have I a case here for the small claims court? Consumer council informed me that when theres a government act that prohibits weddings that I am entitled to everything back, bar any unavoidable costs on their end (eg having to preorder food). I dont feel they have had to do anything like this.
Can anyone offer advice?
Thanks
Isn't Brokencrossbar1 one?
Brolly bound to be knocking about this board somewhere!
Fergal is your man DRA never liked when he was other side of table.
I remember when I first went to the California there was a sign at LAX "No solicitors", it put the holiday off to a good start.
Quote from: RedHand88 on December 09, 2020, 03:56:50 PM
Hi folks, any solicitors in the forum or anyone legal minded able to offer advice?
My wedding reception was unable to happen last month because of restrictions in the north. One of the vendors, who supply lights, backdrop etc, are not playing ball with the refund, they say they will only refund 50% of the total £1300 as a "gesture of good will". They say the other 50% covers "admin costs associated with initial booking".
Have I a case here for the small claims court? Consumer council informed me that when theres a government act that prohibits weddings that I am entitled to everything back, bar any unavoidable costs on their end (eg having to preorder food). I dont feel they have had to do anything like this.
Can anyone offer advice?
Thanks
Threat of name and shame on public forums might be a quicker tactic in the current time. I have every sympathy for vendors who genuinely have irrecoverable costs but its not up to the consumer to fund their loss of profit. Over £600 for admin costs is a piss take
People will be taking much more notice of refund policy when booking in future and a poor record on this would be a major black mark
Quote from: RedHand88 on December 09, 2020, 03:56:50 PM
Hi folks, any solicitors in the forum or anyone legal minded able to offer advice?
My wedding reception was unable to happen last month because of restrictions in the north. One of the vendors, who supply lights, backdrop etc, are not playing ball with the refund, they say they will only refund 50% of the total £1300 as a "gesture of good will". They say the other 50% covers "admin costs associated with initial booking".
Have I a case here for the small claims court? Consumer council informed me that when theres a government act that prohibits weddings that I am entitled to everything back, bar any unavoidable costs on their end (eg having to preorder food). I dont feel they have had to do anything like this.
Can anyone offer advice?
Thanks
Check the T&Cs. The reality is that taking this to small claims court could be throwing good money after bad. It will cost you the fee for lodging it, £100, then it will be a day out of your life to attend court. If you don't settle it and get a judgement in your favour, which is not a guarantee, then you have to enforce it if they don't pay it. You're talking 12 months chasing a few hundred quid. Get what you can out of them, bad mouth them to whoever you can and move on
Quote from: brokencrossbar1 on December 09, 2020, 06:42:24 PM
Quote from: RedHand88 on December 09, 2020, 03:56:50 PM
Hi folks, any solicitors in the forum or anyone legal minded able to offer advice?
My wedding reception was unable to happen last month because of restrictions in the north. One of the vendors, who supply lights, backdrop etc, are not playing ball with the refund, they say they will only refund 50% of the total £1300 as a "gesture of good will". They say the other 50% covers "admin costs associated with initial booking".
Have I a case here for the small claims court? Consumer council informed me that when theres a government act that prohibits weddings that I am entitled to everything back, bar any unavoidable costs on their end (eg having to preorder food). I dont feel they have had to do anything like this.
Can anyone offer advice?
Thanks
Check the T&Cs. The reality is that taking this to small claims court could be throwing good money after bad. It will cost you the fee for lodging it, £100, then it will be a day out of your life to attend court. If you don't settle it and get a judgement in your favour, which is not a guarantee, then you have to enforce it if they don't pay it. You're talking 12 months chasing a few hundred quid. Get what you can out of them, bad mouth them to whoever you can and move on
I think this is key.
While social media is a nightmare it is important that other potential customers know what they are getting themselves in for if they book with this company.
Explain to them that you are not happy, they have not been reasonable inflating the costs etc etc and that if they do not be realistic in what they refund you then you will go to social media.
If they do not play ball then go to all forms of social media you are on and tag them in exactly what happened (include their responses which should show they are unreasonable).
Dont exaggerate or tell lies just to make it seem worse.
This way you have given them due warning and then go to town on them with the facts of the case all over social media.
There is such thing as bad publicity for a proper business
Update
I told them I would be going to the small claims court and that we knew people in the wedding business and all of a sudden the admin cost wasn't £600+ ::)
Thanks folks!
Quote from: RedHand88 on December 12, 2020, 09:44:37 AM
Update
I told them I would be going to the small claims court and that we knew people in the wedding business and all of a sudden the admin cost wasn't £600+ ::)
Thanks folks!
Well done, did you phone them up and add that menacing Tyrone accent into the persuasion process?
Quote from: Main Street on December 12, 2020, 07:29:17 PM
Quote from: RedHand88 on December 12, 2020, 09:44:37 AM
Update
I told them I would be going to the small claims court and that we knew people in the wedding business and all of a sudden the admin cost wasn't £600+ ::)
Thanks folks!
Well done, did you phone them up and add that menacing Tyrone accent into the persuasion process?
I told them if they didn't refund me, Horse Devlin would be paying a visit.
Hi folks.
Wonder can someone on here offer me some advice?
I am employed full time in Lisburn and have recently started my own business on the side. This will completely be weekend work and will not interfere in any way with my main Monday - Friday job. There is no conflict of interest there either in terms of the nature of the job.
Today I have received a letter inviting me to an investigation meeting addressing allegations of gross misconduct due to carrying out other business without the company's consent. There is a conflict of interest section in my contract where this is mentioned but TBH I did not even consider this as my business will not have any effect on my main job. Perhaps very green/silly of me I know.
Aside from this my department has lost 4 colleagues in the past 2 years and only 1 has been replaced. There are now 4 of us carrying out the work of 6/7 people. I voiced my concerns about this last week. During my latest colleague's exit interview the HR Manager asked him if I was really as busy as I said I was and if I was under as much pressure as I claimed. Surely this is not allowed?
My boss who is a rude and difficult man told a colleague to refuse to take on extra work and to pass the customers on to me as "it will get him out of bed in the morning!!". A completely ridiculous and unfounded statement/claim!
I am now concerned I will be sacked next week.
Please advise :(
Quote from: Emmett on June 18, 2021, 12:31:20 PM
Hi folks.
Wonder can someone on here offer me some advice?
I am employed full time in Lisburn and have recently started my own business on the side. This will completely be weekend work and will not interfere in any way with my main Monday - Friday job. There is no conflict of interest there either in terms of the nature of the job.
Today I have received a letter inviting me to an investigation meeting addressing allegations of gross misconduct due to carrying out other business without the company's consent. There is a conflict of interest section in my contract where this is mentioned but TBH I did not even consider this as my business will not have any effect on my main job. Perhaps very green/silly of me I know.
Aside from this my department has lost 4 colleagues in the past 2 years and only 1 has been replaced. There are now 4 of us carrying out the work of 6/7 people. I voiced my concerns about this last week. During my latest colleague's exit interview the HR Manager asked him if I was really as busy as I said I was and if I was under as much pressure as I claimed. Surely this is not allowed?
My boss who is a rude and difficult man told a colleague to refuse to take on extra work and to pass the customers on to me as "it will get him out of bed in the morning!!". A completely ridiculous and unfounded statement/claim!
I am now concerned I will be sacked next week.
Please advise :(
Get a solicitor.
Quote from: trailer on June 18, 2021, 01:09:10 PM
Quote from: Emmett on June 18, 2021, 12:31:20 PM
Hi folks.
Wonder can someone on here offer me some advice?
I am employed full time in Lisburn and have recently started my own business on the side. This will completely be weekend work and will not interfere in any way with my main Monday - Friday job. There is no conflict of interest there either in terms of the nature of the job.
Today I have received a letter inviting me to an investigation meeting addressing allegations of gross misconduct due to carrying out other business without the company's consent. There is a conflict of interest section in my contract where this is mentioned but TBH I did not even consider this as my business will not have any effect on my main job. Perhaps very green/silly of me I know.
Aside from this my department has lost 4 colleagues in the past 2 years and only 1 has been replaced. There are now 4 of us carrying out the work of 6/7 people. I voiced my concerns about this last week. During my latest colleague's exit interview the HR Manager asked him if I was really as busy as I said I was and if I was under as much pressure as I claimed. Surely this is not allowed?
My boss who is a rude and difficult man told a colleague to refuse to take on extra work and to pass the customers on to me as "it will get him out of bed in the morning!!". A completely ridiculous and unfounded statement/claim!
I am now concerned I will be sacked next week.
Please advise :(
Get a solicitor.
Is there a company rep that will go in with you for this?
Looks like they are itching to get rid, have found a loop hole with the 'other business'
They sound like a lovely bunch to work for :o
Quote from: Milltown Row2 on June 18, 2021, 01:17:38 PM
Quote from: trailer on June 18, 2021, 01:09:10 PM
Quote from: Emmett on June 18, 2021, 12:31:20 PM
Hi folks.
Wonder can someone on here offer me some advice?
I am employed full time in Lisburn and have recently started my own business on the side. This will completely be weekend work and will not interfere in any way with my main Monday - Friday job. There is no conflict of interest there either in terms of the nature of the job.
Today I have received a letter inviting me to an investigation meeting addressing allegations of gross misconduct due to carrying out other business without the company's consent. There is a conflict of interest section in my contract where this is mentioned but TBH I did not even consider this as my business will not have any effect on my main job. Perhaps very green/silly of me I know.
Aside from this my department has lost 4 colleagues in the past 2 years and only 1 has been replaced. There are now 4 of us carrying out the work of 6/7 people. I voiced my concerns about this last week. During my latest colleague's exit interview the HR Manager asked him if I was really as busy as I said I was and if I was under as much pressure as I claimed. Surely this is not allowed?
My boss who is a rude and difficult man told a colleague to refuse to take on extra work and to pass the customers on to me as "it will get him out of bed in the morning!!". A completely ridiculous and unfounded statement/claim!
I am now concerned I will be sacked next week.
Please advise :(
Get a solicitor.
Is there a company rep that will go in with you for this?
Looks like they are itching to get rid, have found a loop hole with the 'other business'
They sound like a lovely bunch to work for :o
Thanks MR.
I will bring a trusted colleague with me for the meeting.
Yes it really does seem like that. Why I do not know. I keep my head down and have not given them any issues until I calmly voiced my concerns last week
Quote from: Emmett on June 18, 2021, 12:31:20 PM
Hi folks.
Wonder can someone on here offer me some advice?
I am employed full time in Lisburn and have recently started my own business on the side. This will completely be weekend work and will not interfere in any way with my main Monday - Friday job. There is no conflict of interest there either in terms of the nature of the job.
Today I have received a letter inviting me to an investigation meeting addressing allegations of gross misconduct due to carrying out other business without the company's consent. There is a conflict of interest section in my contract where this is mentioned but TBH I did not even consider this as my business will not have any effect on my main job. Perhaps very green/silly of me I know.
Aside from this my department has lost 4 colleagues in the past 2 years and only 1 has been replaced. There are now 4 of us carrying out the work of 6/7 people. I voiced my concerns about this last week. During my latest colleague's exit interview the HR Manager asked him if I was really as busy as I said I was and if I was under as much pressure as I claimed. Surely this is not allowed?
My boss who is a rude and difficult man told a colleague to refuse to take on extra work and to pass the customers on to me as "it will get him out of bed in the morning!!". A completely ridiculous and unfounded statement/claim!
I am now concerned I will be sacked next week.
Please advise :(
Check the exact terms of your Conflict of interest clause as it is potentially a sackable offence. They need to be very careful though as irrespective of the reasons for potentially sacking you they need to go through a strong, robust process.
In respect of your queries regarding the levels of work as what was allegedly said by your boss you have the right to raise a grievance. I would do that from a tactical point of view. They are looking to get rid of you I would suspect so by raising the grievance you are pushing that back on them and if they are smart they will deal with your grievance first.
Sometimes if there are going to be layoffs involving severance, companies try and save themselves money by "firing" people ahead of time
Unfortunately a contract is a contract so you might not have legal standing
How stringently have they enforced this clause with other employees-either past or present?
I know someone who faced a similar situation to you, and he found out that multiple other employees had outside business interests-some involving family members of the person trying to drum him out and the clause was not enforced
Anyway-get yourself a solicitor and begin a job search today
Quote from: Emmett on June 18, 2021, 12:31:20 PM
Hi folks.
Wonder can someone on here offer me some advice?
I am employed full time in Lisburn and have recently started my own business on the side. This will completely be weekend work and will not interfere in any way with my main Monday - Friday job. There is no conflict of interest there either in terms of the nature of the job.
Today I have received a letter inviting me to an investigation meeting addressing allegations of gross misconduct due to carrying out other business without the company's consent. There is a conflict of interest section in my contract where this is mentioned but TBH I did not even consider this as my business will not have any effect on my main job. Perhaps very green/silly of me I know.
Aside from this my department has lost 4 colleagues in the past 2 years and only 1 has been replaced. There are now 4 of us carrying out the work of 6/7 people. I voiced my concerns about this last week. During my latest colleague's exit interview the HR Manager asked him if I was really as busy as I said I was and if I was under as much pressure as I claimed. Surely this is not allowed?
My boss who is a rude and difficult man told a colleague to refuse to take on extra work and to pass the customers on to me as "it will get him out of bed in the morning!!". A completely ridiculous and unfounded statement/claim!
I am now concerned I will be sacked next week.
Please advise :(
Based on what you are saying it seems like they want to force you out by burdening you with extra work pressure. The fact that they only issued the 'gross misconduct' letter shortly after you voiced your concerns would make me believe that this is only being used as cover for their real motive in laying you off.
Make sure and document and record everything that has happened should this end up in an employment tribunal but I think you may need a solicitor and particularly one who specialises in employment law if it looks like this is where it is heading. I'm not a solicitor so I don't know if you have will have grounds for a case should they dismiss you next week. Don't be intimidated by the letter, it could be a tactic used by the company to avoid potential redundancy payment or to simply get you off the payroll.
See how meeting goes then get legal advise. Even with a conflict of interest claim, they have to actually demonstrate how there is a conflict of interest. So if your saying there isn't then the onus is on them to explain why. Employment clauses have to be considered reasonable. There's been a lot recently around none compete clauses and how legal they actually are.
Document everything from now on. Keep a diary of what conversations you are being involved in for your own safety.
But also try and see if it's something that can be sorted with a conversation. Sometimes going into a meeting like this all fired up can be the wrong tactic. Go in, listen to what they say, give your point of view, document everything. You'll know by how the meeting goes if they are out to try and get rid of you. And if you think they are, send a summary to them of the meeting, cc HR in. That'll give them the sh!ts that your putting everything in writing as they'll be thinking tribunal!!
Put the phone on the table and say you are recording it. As said, let them do all the talking, the more they say the more they may put themselves in it.
Using terms like:
Can you show me the conflict of interests
Can you explain that better
Why has my workload been increased
Is the company having financial issues
Is it cause I'm a taig ;D
Quote from: Milltown Row2 on June 18, 2021, 02:43:58 PM
Put the phone on the table and say you are recording it. As said, let them do all the talking, the more they say the more they may put themselves in it.
Using terms like:
Can you show me the conflict of interests
Can you explain that better
Why has my workload been increased
Is the company having financial issues
Is it cause I'm a taig ;D
Or don't out the phone on the table. The law is clear in this that in these circumstances surreptitiously recording it can be accepted however if you ask to record it they can refuse your request. It's mental but that's the law.
Queried this on my first ever work contract, was told it only relates to conflict of interest or if it was impacting your ability/performance in the role; first point is obvious, second e.g. working office 9-5 then working as a courier 6-12 and turning in drained and unable to stay on task 9-5. I wouldn't worry too much off the bat, get your defence written down and consider any angles like those already mentioned which might highlight the duplicitous approach of the company. Consulting a solicitor can't do any harm, also don't go into that meeting alone, get a trusted on site colleague or bring someone from off site if you can. Read the policy for clarity on bringing someone in with you. They shouldn't be able to pressure you into an ambush i.e. 1 v 2 or 3 sat across giving you shit.
Thanks all, some great advice - especially when my head is melted so not thinking clearly.
I can confirm that there are many others in the company running their own small businesses in their own time. One has confirmed to me that they have not asked permission and I would imagine the majority of the remainder are the same.
I like that list from MR and I did think about recording the conversation.
There is absolutely no conflict of interest but I do think they want me and others "out the door." A colleague who spent 14 years at the company felt the need to leave last week and a man of 33 years service has went AWOL due to how he has been treated.
Not a solicitor but i was also gona say bring in a 2nd party to observe and write all down as theres no way youll remember all.
Apart from that good luck and all good advice from the boys on the board
Haven't much advice for you Emmett, a lot of the fell's on here are better placed to help you. But good luck next week, hope it works out well for you.
Quote from: toby47 on June 18, 2021, 03:44:12 PM
Haven't much advice for you Emmett, a lot of the fell's on here are better placed to help you. But good luck next week, hope it works out well for you.
Yeah good luck to you, not a nice position to be in. Hope things work out.
At some point if its really doing your melon in and it won't have a detrimental effect in regards the case or returning to a bomb of work then take a bit of sick leave to clear the head, dont let the bastids get ye down
As someone who has has been to court due to employees claiming wrongful dismissal ect the one piece of advice I can give you is to document everything.
And if minutes of meetings are sent to you after the meeting by HR/company etc then you need to ensure you are happy with them - if your recollection is different in any way then it is vital you document this and inform HR by email.
Once it gets to court unless it is clearly documented then you are pissing against the wind.
If you need any other advice then PM me
did you negotiate your contract when you started?
that should always be done to avoid issues down the road, too many just blindly sign whatever the employer puts in front of them
The wife works in hr and would say that a lot of companies don't follow due process and leave themselves very very open to tribunal. Get everything, yes everything, recorded on something like email. As bc said they aren't obliged to allow a recording. Make sure and have witnesses. If he are relaying what a manager is saying get the manager in too and get a witness. Everything said against you make sure there is evidence to back it up. If things are unfair like you say raise a grievance. Basically if some p***k is making your life difficult don't let them away with it - particularly if there is absolutely no call for it.
Get reading up but to fire someone a lot of hoops need jumped through. Read up on all due process required. Hr are there to protect the business so shouldn't leave the business in a position for a tribunal case however all hr are not competent, like any profession, and there are a LOT of things they need to do to keep themselves right.
Basically keep records of everything and don't let them away with anything.
I worked somewhere before where someone was on a pip (performance improvement plan) and one of their improvements was to ask for more help. They got pulled at next review and they said I've asked two people for help - the response they got was ok you're asking for too much help. That could be the level you are working with sometimes and it wouldn't stand up to scrutiny.
[edit in addition] how is your work tracked? E.g. do you have deliverables and do you meet them? How is your performance? How do you match up compared to your peers in terms of productivity minimum and performance maximum. If , if, you are in IT systems like JIRA will track your work. If not do you have some kind of work ticketing system? Who assigns your work? When do you get more? Do you assign your own?
100% one way or the other record the meeting, go in with a pen and paper and request that the meeting is formally minuted and that you'd like a copy to review.
Depending on the size of the company, HR probably ain't all that and could shit themselves at someone preparing to actually show a bit of resolve and not get trampled all over.
Quote from: gallsman on June 19, 2021, 11:50:33 AM
100% one way or the other record the meeting, go in with a pen and paper and request that the meeting is formally minuted and that you'd like a copy to review.
Depending on the size of the company, HR probably ain't all that and could shit themselves so someone preparing to actually show a bit of resolve and not get trampled all over.
Absolutely. And if they raise the issue of a non compete clause then specifically ask the question as to how they believe your weekend work is competing. If they are vague on this this state that this is not relevant and concentrate on the performance issues.
What specifically is the wording in your contract?
What about a bullet in an envelope. Leave it under his wifes wiper blade.
Thanks again to everyone for the advice and support.
Quote from: Tony Baloney on June 19, 2021, 02:10:30 PM
What specifically is the wording in your contract?
CONFLICT OF INTEREST AND CONFIDENTIALITY"Whilst in the employment of ........., you must not carry out any other business or employment without the written consent of the company."
Then it goes on about confidentiality.
Quote from: Emmett on June 20, 2021, 06:44:06 PM
Thanks again to everyone for the advice and support.
Quote from: Tony Baloney on June 19, 2021, 02:10:30 PM
What specifically is the wording in your contract?
CONFLICT OF INTEREST AND CONFIDENTIALITY
"Whilst in the employment of ........., you must not carry out any other business or employment without the written consent of the company."
Then it goes on about confidentiality.
Just out of curiosity, why didn't you get written consent beforehand?
Is it (1) you forgot it was in your contract (2) everyone else was doing it without permission and it had never been an issue or been enforced (3) there might be some perceived conflict and you wanted to fly under the radar.
In any case, when things like this happen, it's usually time to start looking for a new job
Quote from: Emmett on June 20, 2021, 06:44:06 PM
Thanks again to everyone for the advice and support.
Quote from: Tony Baloney on June 19, 2021, 02:10:30 PM
What specifically is the wording in your contract?
CONFLICT OF INTEREST AND CONFIDENTIALITY
"Whilst in the employment of ........., you must not carry out any other business or employment without the written consent of the company."
Then it goes on about confidentiality.
They haven't mentioned conflict of interest in that clause. It clearly states *any* employment, without caveat or disclaimer, so I understand why they think you are in breach of your contract. (I'm not a solicitor).
However, I'm not sure what their issue is provided it doesn't impact on your employers business. If others are doing it and they haven't tackled them then it could be, as others have said, that it is you they are after. Are all the others doing homes, prods by any chance?!
Quote from: Tony Baloney on June 20, 2021, 07:18:28 PM
Quote from: Emmett on June 20, 2021, 06:44:06 PM
Thanks again to everyone for the advice and support.
Quote from: Tony Baloney on June 19, 2021, 02:10:30 PM
What specifically is the wording in your contract?
CONFLICT OF INTEREST AND CONFIDENTIALITY
"Whilst in the employment of ........., you must not carry out any other business or employment without the written consent of the company."
Then it goes on about confidentiality.
They haven't mentioned conflict of interest in that clause. It clearly states *any* employment, without caveat or disclaimer, so I understand why they think you are in breach of your contract. (I'm not a solicitor).
However, I'm not sure what their issue is provided it doesn't impact on your employers business. If others are doing it and they haven't tackled them then it could be, as others have said, that it is you they are after. Are all the others doing homes, prods by any chance?!
If others are doing it without permission and have been doing it without permission for a considerable period then there's an argument to be made that your contract has been impliedly amended by reason of custom and practice. If not then you likely will be in breach of contract. Not every breach of a contract though is grounds for termination. I'm surprised your contract doesn't say something like failure to so notify will amount to gross misconduct and may lead to termination. In fact it strikes me as a poorly worded contract.
If you are ultimately dismissed then the company will have to be able to justify this dismissal before a tribunal. If you have a Union I would involve them now if not I would advise you speak to a specialist solicitor. That said there are things to consider before you do. How long have you worked there? What age you are? What your prospects for equivalent work are elsewhere. Payouts from tribunals are not always large, legal aid isn't available and even if successful you rarely get costs. Specialist solicitors are not cheap either. Taking a case to the tribunal could easily cost 5-10k. That will come out of any award you get.
A general prohibition on all other work would never stand up in court or a tribunal. My only suggestion is that before going to court you make sure that you have paid all taxes on the nixer.
Also by the sounds of it you're not fired yet lol. Record everything and make it as hard as possible. I still wouldn't guarantee you will lose your job here yet. The tribunal stuff is one for your back pocket. The threat of it in most cases would make companies pay out to avoid the inconvenient bad publicity but you'll have to shut up about it and move on. You would need some legs to stand on.
Undertones there are for me you're not doing enough work. Get them to prove it and show workload etc to prove otherwise. If you're not working hard enough work harder lol. Two things you don't do here as you'd be stuffed for doing it... don't say anything against your employers in any form of any electronic communication and don't under any circumstances do any work for whatever gig you have on their company time or property. I have seen both of them proven and backfire on people.
It does seem like they are using the clause as a means to get rid of you. As David said above there is a chance that there would be an implied change if contract due to custom and practice. If you are ultimately dismissed after the whole process is completed be prepared for a wait. If they have no intention of settling at the early conciliation stage through the Labour Relations Agency there is easily a 2 year wait for a court date. There's a backlog in excess of 100,000 in the Tribunals at the minute and the system they have in place means they can only run maximum 8-10 cases a week, with longer cases getting priority. Tribunals are very formulaic and document driven so get everything recorded, minutes agreed, processes explained etc. Tribunals do weigh heavily in favour of the employee so unless you have done something really egregious, which I don't think you have, you will be fine. May be worthwhile getting the LRA in early to help negotiate a buy out....
Quote from: Emmett on June 18, 2021, 12:31:20 PM
Hi folks.
Wonder can someone on here offer me some advice?
I am employed full time in Lisburn and have recently started my own business on the side. This will completely be weekend work and will not interfere in any way with my main Monday - Friday job. There is no conflict of interest there either in terms of the nature of the job.
Today I have received a letter inviting me to an investigation meeting addressing allegations of gross misconduct due to carrying out other business without the company's consent. There is a conflict of interest section in my contract where this is mentioned but TBH I did not even consider this as my business will not have any effect on my main job. Perhaps very green/silly of me I know.
Aside from this my department has lost 4 colleagues in the past 2 years and only 1 has been replaced. There are now 4 of us carrying out the work of 6/7 people. I voiced my concerns about this last week. During my latest colleague's exit interview the HR Manager asked him if I was really as busy as I said I was and if I was under as much pressure as I claimed. Surely this is not allowed?
My boss who is a rude and difficult man told a colleague to refuse to take on extra work and to pass the customers on to me as "it will get him out of bed in the morning!!". A completely ridiculous and unfounded statement/claim!
I am now concerned I will be sacked next week.
Please advise :(
https://www.pauldoranlaw.com/
employment solicitors, know him well, first consultation is free so might be an idea to pick their brains
I'm after any advice after getting myself into grief with a landscape gardener. Just before the first lockdown i had employed a landscape company to completely renovate my back garden for a total cost of £10,000 which included some building works and removal of materials. He started two days before the first lockdown in March 2020 and then disappeared promising to come back once everything opened up, at this stage i had foolishly given him a deposit of £2500 and then another £3500 on the second day for materials the same day that he left site never to return.
After many false promises, lies and dodged phone calls i got a solicitor involved and he has come back with a promise to pay me back £500 per month until the debt is satisfied. My solicitor seems to think this is the best outcome but i have reservations such as what if he goes bankrupt in the meantime, what if he just stops payments or the payments are late/missed.
Note the payments to him were bank transfers directly to his personal account.
Quote from: Aughafad on June 23, 2021, 06:47:21 PM
I'm after any advice after getting myself into grief with a landscape gardener. Just before the first lockdown i had employed a landscape company to completely renovate my back garden for a total cost of £10,000 which included some building works and removal of materials. He started two days before the first lockdown in March 2020 and then disappeared promising to come back once everything opened up, at this stage i had foolishly given him a deposit of £2500 and then another £3500 on the second day for materials the same day that he left site never to return.
After many false promises, lies and dodged phone calls i got a solicitor involved and he has come back with a promise to pay me back £500 per month until the debt is satisfied. My solicitor seems to think this is the best outcome but i have reservations such as what if he goes bankrupt in the meantime, what if he just stops payments or the payments are late/missed.
Note the payments to him were bank transfers directly to his personal account.
Was he a limited company or a soul trader? The reality he could go bankrupt and you'll just add the list of creditors. The only way to protect in my way is to take him to court, get a judgement and then if he doesn't pay it enforce it through the EJO. That's a time consuming process, with no guarantee that you'll be any better off than under the current arrangement. I would get the repayment plan detailed in a repayment agreement which in the event of non payment would be useful in securing the judgement. Civil debts are a painful debt to chase
If the landscaper is a limited company, take the deal.
If he's operating as a sole trader with a few lads working for him you can sue him personally for the debt, but you have to take into account the time, cost to do all that
Did Emmett have his meeting yet. The public need to know.
*tags Emmett*
Quote from: quit yo jibbajabba on June 24, 2021, 07:27:35 AM
Did Emmett have his meeting yet. The public need to know.
*tags Emmett*
Maybe took his phone and laptop on the way out the door.
Quote from: brokencrossbar1 on June 23, 2021, 07:55:43 PM
Quote from: Aughafad on June 23, 2021, 06:47:21 PM
I'm after any advice after getting myself into grief with a landscape gardener. Just before the first lockdown i had employed a landscape company to completely renovate my back garden for a total cost of £10,000 which included some building works and removal of materials. He started two days before the first lockdown in March 2020 and then disappeared promising to come back once everything opened up, at this stage i had foolishly given him a deposit of £2500 and then another £3500 on the second day for materials the same day that he left site never to return.
After many false promises, lies and dodged phone calls i got a solicitor involved and he has come back with a promise to pay me back £500 per month until the debt is satisfied. My solicitor seems to think this is the best outcome but i have reservations such as what if he goes bankrupt in the meantime, what if he just stops payments or the payments are late/missed.
Note the payments to him were bank transfers directly to his personal account.
Was he a limited company or a soul trader? The reality he could go bankrupt and you'll just add the list of creditors. The only way to protect in my way is to take him to court, get a judgement and then if he doesn't pay it enforce it through the EJO. That's a time consuming process, with no guarantee that you'll be any better off than under the current arrangement. I would get the repayment plan detailed in a repayment agreement which in the event of non payment would be useful in securing the judgement. Civil debts are a painful debt to chase
If he's a 'soul' trader you best just pray you get your money back...I'll get my coat...
Quote from: Keyser soze on June 24, 2021, 01:38:35 PM
Quote from: brokencrossbar1 on June 23, 2021, 07:55:43 PM
Quote from: Aughafad on June 23, 2021, 06:47:21 PM
I'm after any advice after getting myself into grief with a landscape gardener. Just before the first lockdown i had employed a landscape company to completely renovate my back garden for a total cost of £10,000 which included some building works and removal of materials. He started two days before the first lockdown in March 2020 and then disappeared promising to come back once everything opened up, at this stage i had foolishly given him a deposit of £2500 and then another £3500 on the second day for materials the same day that he left site never to return.
After many false promises, lies and dodged phone calls i got a solicitor involved and he has come back with a promise to pay me back £500 per month until the debt is satisfied. My solicitor seems to think this is the best outcome but i have reservations such as what if he goes bankrupt in the meantime, what if he just stops payments or the payments are late/missed.
Note the payments to him were bank transfers directly to his personal account.
Was he a limited company or a soul trader? The reality he could go bankrupt and you'll just add the list of creditors. The only way to protect in my way is to take him to court, get a judgement and then if he doesn't pay it enforce it through the EJO. That's a time consuming process, with no guarantee that you'll be any better off than under the current arrangement. I would get the repayment plan detailed in a repayment agreement which in the event of non payment would be useful in securing the judgement. Civil debts are a painful debt to chase
If he's a 'soul' trader you best just pray you get your money back...I'll get my coat...
Don't let the door hit you on the arse!
Quote from: Keyser soze on June 24, 2021, 01:38:35 PM
Quote from: brokencrossbar1 on June 23, 2021, 07:55:43 PM
Quote from: Aughafad on June 23, 2021, 06:47:21 PM
I'm after any advice after getting myself into grief with a landscape gardener. Just before the first lockdown i had employed a landscape company to completely renovate my back garden for a total cost of £10,000 which included some building works and removal of materials. He started two days before the first lockdown in March 2020 and then disappeared promising to come back once everything opened up, at this stage i had foolishly given him a deposit of £2500 and then another £3500 on the second day for materials the same day that he left site never to return.
After many false promises, lies and dodged phone calls i got a solicitor involved and he has come back with a promise to pay me back £500 per month until the debt is satisfied. My solicitor seems to think this is the best outcome but i have reservations such as what if he goes bankrupt in the meantime, what if he just stops payments or the payments are late/missed.
Note the payments to him were bank transfers directly to his personal account.
Was he a limited company or a soul trader? The reality he could go bankrupt and you'll just add the list of creditors. The only way to protect in my way is to take him to court, get a judgement and then if he doesn't pay it enforce it through the EJO. That's a time consuming process, with no guarantee that you'll be any better off than under the current arrangement. I would get the repayment plan detailed in a repayment agreement which in the event of non payment would be useful in securing the judgement. Civil debts are a painful debt to chase
If he's a 'soul' trader you best just pray you get your money back...I'll get my coat...
Best not to get involved with these soul traders in the first place. They're tricky devils.
Quote from: brokencrossbar1 on June 24, 2021, 03:14:44 PM
Quote from: Keyser soze on June 24, 2021, 01:38:35 PM
Quote from: brokencrossbar1 on June 23, 2021, 07:55:43 PM
Quote from: Aughafad on June 23, 2021, 06:47:21 PM
I'm after any advice after getting myself into grief with a landscape gardener. Just before the first lockdown i had employed a landscape company to completely renovate my back garden for a total cost of £10,000 which included some building works and removal of materials. He started two days before the first lockdown in March 2020 and then disappeared promising to come back once everything opened up, at this stage i had foolishly given him a deposit of £2500 and then another £3500 on the second day for materials the same day that he left site never to return.
After many false promises, lies and dodged phone calls i got a solicitor involved and he has come back with a promise to pay me back £500 per month until the debt is satisfied. My solicitor seems to think this is the best outcome but i have reservations such as what if he goes bankrupt in the meantime, what if he just stops payments or the payments are late/missed.
Note the payments to him were bank transfers directly to his personal account.
Was he a limited company or a soul trader? The reality he could go bankrupt and you'll just add the list of creditors. The only way to protect in my way is to take him to court, get a judgement and then if he doesn't pay it enforce it through the EJO. That's a time consuming process, with no guarantee that you'll be any better off than under the current arrangement. I would get the repayment plan detailed in a repayment agreement which in the event of non payment would be useful in securing the judgement. Civil debts are a painful debt to chase
If he's a 'soul' trader you best just pray you get your money back...I'll get my coat...
Don't let the door hit you on the arse!
And you a solicitor tsk tsk
Can you not just get the guy to finish the job (assuming the job wasn't completed) ?
If you take anything out of this it's at the very least, buy the materials yourself and pay a daily rate.. someone will do it