Caporegime
- Joined
- 21 Jun 2006
- Posts
- 38,372
But he hasn't signed a contract so was never employed?You come out with some absolute rubbish
verbal contract was agreed?
oh i forgot english law is crap. but luckily for OP he lives in a decent country
Offered a new job that's fell through!!
- Thread starter jbh110tdi
- Start date
verbal contract was agreed?
oh i forgot english law is crap. but luckily for OP he lives in a decent country
Soldato
Do you just make this stuff up?
Somebody called into the legal hour on LBC last week, (you can call with legal questions and they usually have a QC or some hardcore lawyer who can answer just about anything) with pretty much this exact same problem.
From what I can remember the answer was pretty much along the lines of; with no contract, no terms are being broken, so you can’t claim damages for breach of contract when there is none. With no contract there’s also no agreed notice period, so by getting rid of you immediately or before the start date - they haven’t legally done anything wrong, or words to that effect.
I imagine it would be very difficult to get anything from them, even if you did - the cost of getting it (solicitors fees etc) would likely eclipse the amount you’d be awarded.
Give yourself a slap on the wrist and write it down as one of life’s silly mistakes.
From what I can remember the answer was pretty much along the lines of; with no contract, no terms are being broken, so you can’t claim damages for breach of contract when there is none. With no contract there’s also no agreed notice period, so by getting rid of you immediately or before the start date - they haven’t legally done anything wrong, or words to that effect.
I imagine it would be very difficult to get anything from them, even if you did - the cost of getting it (solicitors fees etc) would likely eclipse the amount you’d be awarded.
Give yourself a slap on the wrist and write it down as one of life’s silly mistakes.
Caporegime
- Joined
- 21 Jun 2006
- Posts
- 38,372
scot's law is different. a verbal contract is legally binding. google scots law and verbal contracts.
i remember doing it as part of contract/business law at uni.
see above
Many countries accept Verbal contracts. The difficulty is in proving what was said. And in law, the smallest details are important, so you need evidence of exactly what was said. Within speech this is very had, but if you have emails or letters then these can form a binding contract even if it does'tt state it is contract and there are no signatures.
But it wont make a difference in case.
But it wont make a difference in case.
Most verbal contracts in the UK are legally binding too (except land etc) - but that’s not the issue.
In order to claim damages you’d be disputing the contents of that verbal contract, that means going and asking a judge, which costs money - so in order to find out - it’s going to probably cost more than any damages.
You can’t just say “they let me down and didn’t employ me, therefore I’m owed damages” without a going to court...
Caporegime
- Joined
- 21 Jun 2006
- Posts
- 38,372
i'm saying he can use it to defend his position when signing on. he had a verbal contract with a new employer that let him down.
people are saying he can't sign on in his circumstances i would say he can. he could even get them to verify with his new employer that let him down.
So let's say that he can prove he had a verbal contract, what next? What's the result?
To me it's very clear, he needs to find another job. Perhaps like your outrageous suggestion yesterday that he can be a window cleaner on £120k per year
Caporegime
- Joined
- 21 Jun 2006
- Posts
- 38,372
So let's say that he can prove he had a verbal contract, what next? What's the result?
To me it's very clear, he needs to find another job. Perhaps like your outrageous suggestion yesterday that he can be a window cleaner on £120k per year
the result is he can sign on whilst he looks for a job. others on here are saying he can't because he chose to leave his job.
if he's a decent mechanic it will be easy to find a job. out of the 10 or so i have used in the past few years. only 3 have i fully trusted, however 2 of them are like over 3 hours drive away that i had specialist work done from and now i won't use anyone else apart from the 1 guy i recently found.
found 2 incompetent ones which caused more damage than when the car went in. had one which was just ripping me off blindly. after that 1 time i told them i wouldn't be back and i would tell all the people who recommended them to me as well.
finding a decent mechanic is hard. if he's good he could even just do homers and build from there.
Associate
- Joined
- 14 May 2018
- Posts
- 151
Sorry to hear of your troubles. As some have suggested, get out there with the CV. You'll be fine. Don't bother trying to take anyone to court. More hassle then it's worth really. If money is tight, try the job center. The worst they'll do is tell you they can't help you. But I doubt they will. Good luck!
OP, go and sign on immediately.
The DWP can decide not to pay you benefit if you left or were sacked. They take a pretty pragmatic view and only tend to rule to remove benefit where it is clear cut. Where there is any doubt they tend to not take any action and any evidence you supply inc verbal has to be taken at face value.
The decision on why your job ended takes a lot of time and is done after the fact, payments are normally in place long before they decide. If it is stopped it is only done from a future date at which point most have another job already.
They will write to your old employer and ask you to comment in detail (should be over and above the initial application form).
If you are asked keep to the truth and supply any correspondence you have with the new job. They take a pretty pragmatic view, this sort of thing happens all the time.
Many people leave their job and just sign on because they get fed up, those are the people that the rule is designed to catch. It isn’t designed to catch people in the middle of changing jobs and the new role falls through at the very last second and your old position had already been filled.
The DWP can decide not to pay you benefit if you left or were sacked. They take a pretty pragmatic view and only tend to rule to remove benefit where it is clear cut. Where there is any doubt they tend to not take any action and any evidence you supply inc verbal has to be taken at face value.
The decision on why your job ended takes a lot of time and is done after the fact, payments are normally in place long before they decide. If it is stopped it is only done from a future date at which point most have another job already.
They will write to your old employer and ask you to comment in detail (should be over and above the initial application form).
If you are asked keep to the truth and supply any correspondence you have with the new job. They take a pretty pragmatic view, this sort of thing happens all the time.
Many people leave their job and just sign on because they get fed up, those are the people that the rule is designed to catch. It isn’t designed to catch people in the middle of changing jobs and the new role falls through at the very last second and your old position had already been filled.
Soldato
- Joined
- 4 Apr 2003
- Posts
- 7,977
Even with a contact in this situation they would only have to give you the weeks notice or less under the probation period.
Soldato
Get a OneDelivery franchise, free trial for 3 months and apparently make 30K a year. I don't know who they are but they keep spamming me. Sounds too good to be true.
I've bit the bullet... All going to plan I'm picking up a mercedes sprinter 308d with a beavertail body on it and going to do recovery vechile transportation
Caporegime
Not as an owner operator I hope? A mate of mine got seriously stung doing this, ended up in a contract for ~ £400 p/month for the vehicle with a “guarantee” of work that simply didn’t come...
Im buying one outright. I've got a lot of mates in the motor trade so I can dig up work. I used to do it years back before my youngest was born and made a good living off it. My son was born with spinal problems so I sold up. Now the time is right to get back into it. I'm calling my old contacts and it's looking promising.
Caporegime
Fair enough, sounds like your doing it right, my mate simply threw in 18years at Stobarts for a finance agreement and no work, he ended up losing his home & marriage over it!
No bugger the finance idea. I'm buying a tidy old recovery wagon and starting small. The wife's fully behind me and willing to help ou and looking forward to driving it also..
Glad it's all worked out.
I think if you had trouble signing on, if you needed to, the least the company that reneged on their verbal offer could have done something in support of your case with DWP.
Anyway. Great that you're sorted.