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Message
From: mandy.talboté GRO i
Sent: 22/05/2008 16:38: ~ °
To: Stephen Dilley [/ E/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=SJD3]
cc: mandy. talbot!_
Subject: RE: Fw: LETTER FROM EX TEMP - MARINE DRIVE [1A.F1D18640]
Thanks for the update on the situation with Castleton. I think that is
typical that he chooses to put is head in the sand whilst hoping the
problem will go away.
We are compiling some information from the business to deal with the
allegations made by Day which seem to spring from the delusion that agency
law is the same as employment law.
Regards
Mandy Talbot
Dispute Resolution
Company Secretary's Office
Royal Mail Legal Services
148 old street
London EC1V 9HQ
Postline
Mobile: @..
External Email:
-Stenhen Dillev! + F
i GRO i To: <mandy.talbot
H H ce: bromine *
Som ‘ Subject: RE: Fw: LETTER FROM EX TEMP - MARINE DRIVE
22/05/2008 17:24 (1A. FID18640]
Dear Mandy,
Thanks for forwarding the letter.
Dorothy Day was indeed close to Mr Castleton - she gave evidence on his
behalf at the trial in December 2006.
Marine Drive is closing or has already closed as part of Network Change.
Tracy Marshall previously confirmed to us that Mrs Day was not eligible
for compensation because she held a temporary appointment since about
28th May 2004.
Would you like me to advise on whether POL was obligated to make the
contract for services permanent (as she suggests)?
Update on Castleton
In terms of the sale of the property at Marine Drive, the trustee in
bankruptcy has spoken to Mr Castleton as neither him or his wife were
moving matters forward. He vehemently denied he has an interest in the
business or any trading matters at the property and this continues, as
the branch is now closed. An agent is valuing the property and the
trustee have requested this is done on various basis’:
As a residential property; and
As part residential and shop
The trustee will let us know once she has received this valuation report
and ascertained the equity. Assuming there is sufficient equity I
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suspect we'll then be instructed to repossess and sell the property.
I'll keep you updated.
Kind regards.
stephen Dilley
Solicitor
for and on behalf of Bond Pearce LLP
GRO
iin BORap OATES. Coit
-----original Message-----
From: mandy. talboti_
Sent: 22 May 2008 1
To: karen.arnol
Cc: john. legag:
neil.corrick.
rosemary. kin
Subject: Re: FW
paul. inwood
; jessica.madrore
Stephen Dilley
TETTER™ FROM EX TEMP - MARINE DRIVE
Karen
I suspect that she has be wound up by the fact that she was friendly
with the ex permanent Postmaster Castleton who we sued and who we may
possibly bankrupt. She supplied a witness statement in his favour.
Marine Drive was under consideration for permanent closure under
Network Reinvention can you advise what its current status is?
In the first instance we would respond that as Day was never employed by
POL she merely had a temporary contract for service determinable upon
notice that employment law has no bearing upon the relationship between
her and POL.
Rosie can you advise if any of the cases in which the status of
postmaster as being agents not employees were upheld involved a
postmaster with a temporary contract?
I would imagine that there would be no restriction upon her applying for
a permanent position as a postmaster with POL as long as she could (a)
demonstrate that she held suitable premises from which to run a
postoffice branch (b) could provide a satisfactory business plan and (c)
could pass the interview process.
Given the problems we had with Castleton I would have thought that POL
would be happy if a prospective permanent postmaster had come along?
Can the BDM or the contract manager for the relevant part of the country
advise whether or not she ever applied for the position at Marine Drive
or at another branch and if so what the response was.
As far as we are aware Castleton still owns the premises at Marine
Drive.
His contract was terminated and as per usual a temp was appointed to
keep the business going pending either the conclusion of the appeal or
after termination of the substantive contract alternatively if nobody
applied for the position on a permanent basis. Castleton could have
carried on running the retail side of his business so perhaps this is
what she is talking about when she says that the post office changed
part ownership in 2004.
Are temps prohibited from joining the NFSP? if so why?
can we find out if she has ever contributed anything to the premises at
Marine Drive? I am currently dealing with a case where a temp was not
only allowed to have subs for the NFSP deducted from her remuneration,
but was allowed to apply for a loan to purchase equipment which she then
matched and awarded a share in success payment! !
The rationale for compensation under the Network Change programme is to
compensation substantive permanent postmasters who have invested in the
branch by purchasing the premises and setting up a retail business
whilst paying a premium to buy the site from the outgoing postmaster,
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for loss of an income stream. The temp has contributed nothing bar her
services and as her contract can be determined by 7 or 28 days notice is
entitled to nothing.
stephen
If there are anycomments you would like to make which youlearned during
your conduct of there Castleton case I should be grateful to hear from
you.
Thanks
Mandy Talbot
Dispute Resolution
Company Secretary's Office
Royal Mail Legal Services
148 old street
London EC1V 9HQ
Karen Arnold
To: John
Legg/e/POSTOFFICE@POSTOFFICE, Paul
22/05/2008 15:16
Inwood/e/POSTOFFICE@POSTOFFICE, Mandy
Talbot/e/POSTOFFICE@POSTOFFICE, Neil
Corrick/e/POSTOFFICE@POSTOFFICE
cc:
Subject: Fw: LETTER FROM
EX TEMP - MARINE DRIVE
Dear All
Please see the letter attached to the e-mail below, please can you offer
any advice/information before I look at pulling together a response to
the letter
Thanks
Regards
Karen
Contracts Advisor - North Central England Network Support Post office
Ltd
Upper Floors, The Markets Crown Office, 6 / 16 New York Street, LEEDS
LS2 7DZ
Mobile:
External
ooon- Forwarded ‘by aren on 22/05/2008 15:04 -----
NSA Centrally
Supported To: Karen
Arnold/e/POSTOFFICE@POSTOFFICE
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Sent by: Trudy cc:
Finch Subject: LETTER FROM EX
TEMP - MARINE DRIVE
15/05/2008 14:08
Hi Karen
This has come to us via Farnworth
Ta T
>>>> Letter from ex Temp PM - Marine Drive.pdf attachment was removed
>>>> from
this email <<<<
wee
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