Serious Legal Thread

[walrus]

Seems a bit ironic to be posting this with the "Scams, Claims and Compensation" thread but I'll give it a go.  Given the wide variety of people on here, thought one or two of you may be clued up on the law and may be able to help.

For those who don't know me, I'm a bit of a legal eagle.  If I'm wronged, I take action to sort it e.g.: reclaiming bank changes.

Me and the girlfriend moved to Crawley, W.Sussex back to my roots where I landed a comfy job in insurance.  My girlfriend who is carer came down and was quickly offered a couple of jobs.  She took a local homecare job, which she was promised (backed up by a contract) 40 hours per week on return of her CRB (takes no more than 2 months).  The contract is dated 8/8/2009.  The guy has basically messed her about no end, promising employment "next week", "oh next month we'll have some business" and kept her hanging on. 

We've had an absolute nightmare, as she's waited on his false promises.  Finally, the ball's dropped and she's looking elsewhere and is knocking this guy on the head.  In the meantime, she has done some temporary bar job but the hours/wages are far removed from what she'd get as a carer.  As a result, I've decided to claim for breach of contract.  I've sent the letter below and am intending to take it to court.  What happens if we get that far?

Dear Ravi Patel,

I have been under contracted employment with Dodgy-as-fuck Care Ltd. since the 8th of August 2009.  The terms of my contract dictate that I am entitled to full time hours, albeit subject to reasonable amendments to suit business needs.  The actual employment offered has been far removed from the original terms offered, and I feel that you have breached the contract, and that our working relationship has not been mutually beneficial.  I believe that the zero hours given is far from a reasonable amendment, and that my treatment has been very unfair.  I also believe that you have deliberately misled me and my colleagues by promising various start dates on which you have consistently failed to deliver on.

On attending the interview for the role, you informed me that employment would commence on the successful return of the CRB check.  I appreciate the difficulties of starting a business, but I have now patiently waited for over six months to begin work.  Your reckless disregard for your employees has stunted my fledgling career and had a severe impact on both my professional and personal life.

Due to this, I have found myself massively out of pocket, and have accrued massive debt whilst waiting for you to offer me the employment under the terms set out at the start of the contract.  I feel my position is now untenable and have been forced to consider alternative employment.  I find this particularly frustrating as I turned down other job offers on commencing employment with Dodgy-as-fuck Care Ltd.  As a result, I am writing to claim my losses, which I cautiously estimate at £3,000.  The details of how I arrived at this figure are detailed below.  If I have not received an offer to compensate my losses by the 13th March 2010, I will issue a county court claim against you.

Yours Sincerely,

Mrs Walrus

Employment Start Date: 08/08/2010 – CRB check should take no longer than 2 months
Working Full-Time at £7/hr at 40 hrs per week less tax since 08/10/2010: >£4,000
Wages earnt during this time at temporary bar work: £1,000 



*The names have been changed

[jayohaitchenn]

Good luck but no chance :-)

[walrus]

Why do you say that?  Surely it's breach of contract, which a small claims court would take a dim view of?

[Sippo]

Was a contract signed, and you have a copy?

I'd speak to citizens advice before sending any letter off.

[Leggett]

I was so full of hope, given the title of this thread and the author, but fucking hell was that a let down. I was hoping for some hi jinx, but no. Poor form walrus, poor form.

[walrus]

Was a contract signed, and you have a copy?

I'd speak to citizens advice before sending any letter off.

Yes we have a signed copy of the contract.  I've spoken to ACAS (Citizens Advice for employment basically) and they've said we have a case and could push for small claims court.

Haha sorry to disappoint....  I got pulled for speeding for overtaking an unmarked police car at 120mph the other week?  But I managed to charm my way out of a booking...  Will that do?!?!  I've become a little boring recently...  Hopefully by the summer I'll have sorted that!

[Talk Talk]

In the meantime, she has done some temporary bar job

If she's qualified to work at the bar then I suggest that she is better equipped than you to mount a legal challenge with all respect.

[Leggett]

i've not passed the bar but i know a little bit, enough that you want to illegally search my shit...

[flammableBen]

I honestly thought she was over 16. I asked her what she did and she showed be a drawing of a nurse. I was so impressed by the crayon work that I didn't notice that it had "What I want to do when I grow up" written along the top.

[nochee]

I honestly thought she was over 16. I asked her what she did and she showed be a drawing of a nurse. I was so impressed by the crayon work that I didn't notice that it had "What I want to do when I grow up" written along the top.

I asked her if we should spice up our sex life by dressing up. I was a bit dissapointed when she came out wearing a school uniform, i mean, she wears that 5 times a week!

[Ginginho]

Well, what did you expect applying for a job at Dodgy-as-Fuck Care Ltd?
Tsk.

[dell boy]

Yes we have a signed copy of the contract.  I've spoken to ACAS (Citizens Advice for employment basically) and they've said we have a case and could push for small claims court.

I'm no legal begal but I can give you advice on ACAS.

If you phone ACAS three times on three separate days you will get three completely different answers.
Unless they are looking at the contract in front of them which of course they cant on the telephone, therefore I would not take any notice of there advice. ACAS have on two occasions in the past given be poor and conflicting advice.
Citizens Advice is defintely the best route to take, when you make your face-to-face  appointment it will be with an expert in the field of your complaint who will also probably have sat on tribunal boards with similar cases as yours.
If they say it is worth going to court or not, they are normally right.