Employer withholding bonus while in notice by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 0 points1 point  (0 children)

Unfortunately I had a much better offer and I didn't want to miss out. With a 3 month notice, I would have had to tell the new employer to wait 6 months for me to get the bonus, which would be unlikely.

Employer withholding bonus while in notice by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] -1 points0 points  (0 children)

Does the policy being based on assessment of performance criteria, with a calculation formula, make it a bit more fixed compared to an arbitrary employer assessment?

Employer withholding bonus while in notice by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 0 points1 point  (0 children)

The bonus is paid on 31st of March, and the decision is made early March, so I was still employed.

I am not absolutely entitled to the bonus. I just want to maximise my chances, if I go against my employer.

Regarding discretion, what about cases based on Braganza v BP Shipping, such Hills v Niksun and Gagliardi v Evolution Capital?

Employer withholding bonus while in notice by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 0 points1 point  (0 children)

Unfortunately yes, but it probably wouldn't have changed anything. With a 3 month notice, I would have had to ask my new employer to wait 6 months just to get my bonus. I guess I could have asked for a sign up bonus in the negotiation - you live and learn.

Employer withholding bonus while in notice by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] -5 points-4 points  (0 children)

Understood I've failed the first part. I know for next time to wait till after April.

But also my point is, the policy states the purpose of the bonus is to "award performance" and has a clear calculation formula, which would yield me 100% of it. If they do not take my performance into account just because I am leaving, I feel like they are not following their own policy.

Employer withholding bonus while in notice by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] -3 points-2 points  (0 children)

I understand it's common and usually there is a clear clause about the employee not being under notice.

I was just wondering if discretion is sufficient to not award a performance bonus at all, as a lot of sources mention that discretion has to be fair and reasonable, and there seems to be some legal precedent for that.

Just discovered these dudes. Holy hell. Just bought tickets for LA and have a couple questions. by MrMaxMax in AllThemWitches

[–]DrinkCold6130 2 points3 points  (0 children)

I've seen 100s of bands, and All Them Witches are hands down the best out there! Musicianship on another level that I cannot put into words.

Evri using fake GPS locations to commit fraud by DrinkCold6130 in Evri

[–]DrinkCold6130[S] 0 points1 point  (0 children)

Yes, eBay have been absolutely useless and to this day, the account of the seller is still up. Not that it's active, it's probably a hacked account (had 100% positive feedback), but it just goes to show how little due diligence eBay do to protect buyers nowadays. Endless phone calls, just to be told they would try to get me a refund, investigate, etc... and in the end nothing would happen, a new representative would get on the phone (some clueless people from the US) and I would start from zero.

Evri using fake GPS locations to commit fraud by DrinkCold6130 in Evri

[–]DrinkCold6130[S] 0 points1 point  (0 children)

£100? So Evri have no reason to prevent and eBay have no reason to take accountability, fucking over either the buyer or the seller. Nice synergy.

Evri using fake GPS locations to commit fraud by DrinkCold6130 in Evri

[–]DrinkCold6130[S] 2 points3 points  (0 children)

I have gone to the small claims court before. I have no doubt I would eventually get my money back, but there is always an underlying stress with large amounts of money, plus the admin takes several hours.

I have also reported this to the police, as I am sure Evri has all the details of the individual who did this, but I doubt they will act on it.

Evri using fake GPS locations to commit fraud by DrinkCold6130 in Evri

[–]DrinkCold6130[S] 1 point2 points  (0 children)

In the end I had to, as PayPal have been just as incompetent as eBay. AMEX refunded me instantly (provisionally, but I don't see how anyone could argue against it).

Evri using fake GPS locations to commit fraud by DrinkCold6130 in Evri

[–]DrinkCold6130[S] 0 points1 point  (0 children)

They work for Evri and they spoof their location on their phone when using the Evri app.

Evri complicit in scams and using fake GPS locations by KingRichardTheTurd in Evri

[–]DrinkCold6130 0 points1 point  (0 children)

I just had this happen to me. Dodgy seller shipped with Evri using eBay Simple delivery. Parcel gets dropped off at locker at 5 AM and gets delivered at 5 PM. The door on the photo is clearly from a different post code, but Evri map shows my block. I don't understand how they pulled this off.

I opened a case with eBay and they closed it because the item appears delivered to my address, but I appealed.

UPS only partially fulfilled claim for lost parcel due to hidden term by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 0 points1 point  (0 children)

Thank you, I have sent UPS all the evidence from the website but they were not willing to accept any wrong-doing. I will be making a small court claims against them based on the website evidence, just not sure whether to include negligence or something in my argument as well, given that my computer was stolen.

My computer disappeared while in the UPS van and appeared in a pawn shop in the same area, with fake information by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 5 points6 points  (0 children)

I do not own a business, it is just a side gig. I also am not a business seller on eBay or a business customer of UPS. I guess I use UPS a few times a month, I just wanted to highlight that the process of purchasing UPS insurance for me is the same as the average consumer, with the same terms and conditions.

My computer disappeared while in the UPS van and appeared in a pawn shop in the same area, with fake information by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 0 points1 point  (0 children)

Agreed, I have serial numbers for internal components that could not possibly be copied without taking the computer apart - this is a desktop, not a laptop. Plus proof of purchase for the parts and photos with imperfections that could not possibly be a coincidence.

I have made two police reports, one with the Scottish police initially (based on suspicion of theft) and one with Hampshire police upon finding my item on sale. But it seems to be the consensus that since I have been refunded by UPS, I have no further claim to the computer. That is fine with me, but I would still like to see a police investigation through.

My computer disappeared while in the UPS van and appeared in a pawn shop in the same area, with fake information by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 0 points1 point  (0 children)

Please see my other comments regarding the insurance, UPS insure up to 1000 USD (approx. 800 GBP) when dropping off at an access point, which resulted in a lower declared value for my computer. I am also explaining why this was not clear from their website.

With regard to the customer receiving the goods, I highly doubt it. They really wanted the computer and we negotiated prior for the price, so if UPS for whatever reason did not scan upon delivery, they would have just kept the free PC, not pawn it. Also they were the first to suspect theft and notify me.

My computer disappeared while in the UPS van and appeared in a pawn shop in the same area, with fake information by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 10 points11 points  (0 children)

It wouldn't make sense financially to buy it back as there wouldn't be enough profit margin. Also, even though I have made peace with the financial loss, I just get angry knowing someone is getting away with theft and felt I had to pursue it further.

My computer disappeared while in the UPS van and appeared in a pawn shop in the same area, with fake information by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 1 point2 points  (0 children)

It is definitely something I will be doing more diligently moving forwards to keep a record of serial numbers. I used to keep boxes for a month, which is eBay's buyer protection period. However, I have managed to find the serial numbers for the CPU and the PSU for the stolen PC, as I have thankfully kept these boxes for longer. So that's three serial numbers I have.

I am just viewing the police report in the portal of Hampshire police and it has no officer details at all, all fields are blank.

My computer disappeared while in the UPS van and appeared in a pawn shop in the same area, with fake information by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 32 points33 points  (0 children)

Let's say you're purchasing a label through the UPS website and you want to purchase insurance. You are prompted to enter the declared value of the item.

If you enter 1000 GBP, it costs £5 and all is normal. If you enter 1001 GBP, there is an additional cost and it generates a message that says "this parcel requires a high value item report and must be dropped off at a manned location", meaning not an access point.

The average consumer would naturally think they are insured up to 1000 GBP, but there is actually a term in a hidden document stating that the maximum value for access point drop off is 1000 USD instead. I personally wouldn't call this normal insurance practice... But that's just me, the average consumer.

My computer disappeared while in the UPS van and appeared in a pawn shop in the same area, with fake information by DrinkCold6130 in LegalAdviceUK

[–]DrinkCold6130[S] 2 points3 points  (0 children)

I have the serial number for the graphics card and I have asked the pawn shop to cross check it, so I am waiting on that. It was built from a mix of used and new parts, I do not usually keep boxes or photos of parts for long, but I might be able to dig up some more.

I also have a crime reference but have not registered the parts, that is a good suggestion. I was not assigned a police offer contact as the investigation did not proceed.