Verbal agreements - enforceable?

[leclerc]

Re: Verbal agreements - enforceable?

For the avoidance of doubt: https://consult.justice.gov.uk/digit...gime-cp22-2011

If you download(PDF download) "introducing fees in employment tribunals and Employment Appeal Tribunal consultation response"
Page 62 part 3 states this: " We will seek to implement the amended fee structure in the summer of 2013."

[gravytrain]

Re: Verbal agreements - enforceable?

NO legal advice has been given in terms of legal action - Only warning of the risks and discussion on things already mentioned in this thread and the offer to write up a letter for loxxie (which will also be posted on the thread), once i have viewed her contract (which, with loxxies permission, will be posted on this thread) along with request for further information regarding what loxxie is claiming is owed to her and for her contract.

I only made the offer to prevent the thread going the way it has, but after loxie posted the first letter from her employer on the thread and it was clear that they were not reclaiming what they had paid her for all those wednesdays that she was at college. Then any disagreement prior to that was irrelevant and i had assumed the Arguement was done with. Though obviously i was wrong as Eloise couldn't let it go - My belief is that their is a very real risk that Loxxie would face a strong counter claim from the employer that would hit her hard in the pocket, even if she did win her claim for accrued holidays. So advising her to take legal action so early on when there is still a chance this can be settled amicably, not only puts loxxie at such risk but also has the potential of coming back to haunt the forum itself as a result of such rushed and ill thought out advice - Something no one wants to see!

I think the question was, "Has any advice been offered to Loxy by PM"

[teaboy2]

Re: Verbal agreements - enforceable?

See above but Teaboy2 you are right in saying that the BBC did state in 2011 that it was coming into force in April 2013. However, that was before the consultation and the announcement that the timescale would be Summer 2013

Actually it wasn't that article it was this one from March 2012 therefore after the consultation - http://www.bbc.co.uk/news/business-17181327

The April 2013 date was confirmed by a number of reputable law firms whom also stated April 2013. So if am wrong, then so are they.

[leclerc]

Re: Verbal agreements - enforceable?

Actually it wasn't that article it was this one from March 2012 therefore after the consultation - http://www.bbc.co.uk/news/business-17181327

The April 2013 date was confirmed by a number of reputable law firms whom also stated April 2013.

Do you know that I am right now? have out posts crossed each other?

Your article states this: "People like him are much more likely to face a fee - of anything between Ł200 and more than Ł1,750 - to have a tribunal case heard from April 2013, under the government's plans. Consultation on these proposals ends on Tuesday." (EDIT: Read the link, cos its the same one I have quoted to you with the correct date )

You will notice that the "consultations on these proposals ends on Tuesday". The article I have quoted above which is the RESPONSE to that has stated that the proposals are Summer 2013.

Remember: if Eloise was talking out of her trunk on the date I'd have got the shotgun out and linked her out of the forum but unfortunately for you she is correct with the UP TO DATE information. (capitals for emphasis rather than shouting purposes)......

EDIT: I am very good with the minutiae on dates

[teaboy2]

Re: Verbal agreements - enforceable?

I think the question was, "Has any advice been offered to Loxy by PM"

And your point is? Are you saying i can not advise someone of risks involved via Pm! Or i was wrong to offer my help via Pm IF loxxie asked for it, purely to prevent a pathetic argument continuing like it has done, which itself is no help to loxxie?

All advice given has been given or expressed in this thread anyway. Only thing i have not shared on this thread is information on why loxxie would be taking a big risk if she went down the legal route.

[gravytrain]

Re: Verbal agreements - enforceable?

And your point is? Are you saying i can not advise someone of risks involved via Pm! Or i was wrong to offer my help via Pm IF loxxie asked for it, purely to prevent a pathetic argument continuing like it has done, which itself is no help to loxxie?

All advice given has been given or expressed in this thread anyway. Only thing i have not shared on this thread is information on why loxxie would be taking a big risk if she went down the legal route.

I am saying that when asked if advice was offered by PM , you should just have said ,"yes"

[teaboy2]

Re: Verbal agreements - enforceable?

Do you know that I am right now? have out posts crossed each other?

Your article states this: "People like him are much more likely to face a fee - of anything between Ł200 and more than Ł1,750 - to have a tribunal case heard from April 2013, under the government's plans. Consultation on these proposals ends on Tuesday." (EDIT: Read the link, cos its the same one I have quoted to you with the correct date )

You will notice that the "consultations on these proposals ends on Tuesday". The article I have quoted above which is the RESPONSE to that has stated that the proposals are Summer 2013.

Remember: if Eloise was talking out of her trunk on the date I'd have got the shotgun out and linked her out of the forum but unfortunately for you she is correct with the UP TO DATE information. (capitals for emphasis rather than shouting purposes)......

EDIT: I am very good with the minutiae on dates

As i have said if am wrong i am wrong and i will hold my hands up. But summertime is any time from end of march and last weekend of October officially. So until Eloise provides a link to the regulation/amendments that she referred to when stating they come into force in July, then there's no way to know for certain until they actually start charging the fee our update the legislation/regulations - To be honest the fees are not really relevant even if they were being charge now, whats relevant is the effect the outcome of any legal action could have on Loxxie.

Am also pretty sure that, the law firms that are also stating April 2013 will have known all about content of the consultation and the proposals. So i can hardly be at fault if they are giving the wrong information! And even if it is wrong, its hardly cause for questioning my legal knowledge or experience for personal satisfaction like some have.

and yes i think our posts did cross.

[Celestine]

Re: Verbal agreements - enforceable?

An argument is only 'pathetic' in one persons mind from their own interpretation.

IF that same person happens to be incorrect in some of those interpretations, then taking advice off forum is dangerous, hence that is why it is disapproved of.

Look, I'm not going to dive off the deep end, because evidently the PM'd advice (in summary) is 'Don't litigate'. And that the OP does not herself want to litigate?

But please, unless specifically agreed with admin, do not take advice off forum.

[gravytrain]

Re: Verbal agreements - enforceable?

An argument is only 'pathetic' in one persons mind from their own interpretation.

IF that same person happens to be incorrect in some of those interpretations, then taking advice off forum is dangerous, hence that is why it is disapproved of.

Look, I'm not going to dive off the deep end, because evidently the PM'd advice (in summary) is 'Don't litigate'. And that the OP does not herself want to litigate?

But please, unless specifically agreed with admin, do not take advice off forum.

Which is fine unless the decision not to litigate is based on erroneous information given by PM about the litigation process.

[teaboy2]

Re: Verbal agreements - enforceable?

I am saying that when asked if advice was offered by PM , you should just have said ,"yes"

What even though there was a legitimate and perfectly reasonable reason for offering it! Evidence my reason was valid is the state of this thread, which yes i accept i am partly responsible for. But i wanted to end the argument, but others simply would not let it go or accept i had a different opinion to what course of action to now take then they did. I offered my hand to eloise and offered her the chance to simply agree to disagree, but according to her response to that post, she never bothered to read my post, which is fine as that's up to her.

If she apologises for her original response to my original post on this thread and agrees to stop the argument here and now, then i will accept that willingly. but i want an apology given her response to my original post was completely uncalled for!

[leclerc]

Re: Verbal agreements - enforceable?

As i have said if am wrong i am wrong and i will hold my hands up. But summertime is any time from end of march and last weekend of October officially I need the source for that cos we have 4 seasons which is Winter, Spring, Summer and Autumn. The Document from the Ministry of Justice does not say that in "British Summer Time" ie when the clocks change, that the change is happening. I have given 2 definitions for summer so you are incorrect and are attempting to justify the fact that you are incorrect. What is wrong when faced with something in black and white which I can read and you can read that you cannot accept that perhaps your information is inaccurate.



So until Eloise provides a link to the regulation/amendments that she referred to when stating they come into force in July, then there's no way to know for certain until they actually start charging the fee our update the legislation/regulations - To be honest the fees are not really relevant even if they were being charge now, whats relevant is the effect the outcome of any legal action could have on Loxxie.
Teaboy2, Eloise is 100% correct in what she stated as to when they are coming in. It's in the MOJ's own document.

Am also pretty sure that, the law firms that are also stating April 2013 will have known all about content of the consultation and the proposals. So i can hardly be at fault if they are giving the wrong information! And even if it is wrong, its hardly cause for questioning my legal knowledge or experience for personal satisfaction like some have.

and yes i think our posts did cross.

FFS! They stated that when the original proposals were given to them ie the law firms. The Ministry of Justice, and I will say this for the last time, have stated Summer 2013. The original proposal given by George Osbourne way back in 2011 suggested it would come in in April 2013. After consultation the proposal states Summer 2013. I am trying to get your cast iron promise for a date but am working on finding out the passage of the Bill that will do this currently.

[teaboy2]

Re: Verbal agreements - enforceable?

An argument is only 'pathetic' in one persons mind from their own interpretation.

IF that same person happens to be incorrect in some of those interpretations, then taking advice off forum is dangerous, hence that is why it is disapproved of.

Look, I'm not going to dive off the deep end, because evidently the PM'd advice (in summary) is 'Don't litigate'. And that the OP does not herself want to litigate?

But please, unless specifically agreed with admin, do not take advice off forum.

Noted and agreed!

Which is fine unless the decision not to litigate is based on erroneous information given by PM about the litigation process.

But its not erroneous and the risk is very real indeed. Only it seems i am the only one to have spotted it! If Cel makes this thread Private and gives Loxxie VIP status to it, then i will more than willing explain my concerns about taking legal action! Yes their maybe arguments used to negate the risks, but regardless of arguments it would be down to the judge on the day.

I have made hint after hint as to the risk in question but still no one seems to have spotted it!

[gravytrain]

Re: Verbal agreements - enforceable?

What even though there was a legitimate and perfectly reasonable reason for offering it!!

Yes because that wasn't the question. The rule as I understand it is, no advice by PM without consent of the site team.

What may be "legitimate and perfectly reasonable" to you, may not be to others. It was not for you to decide IMO

[teaboy2]

Re: Verbal agreements - enforceable?

FFS! They stated that when the original proposals were given to them ie the law firms. The Ministry of Justice, and I will say this for the last time, have stated Summer 2013. The original proposal given by George Osbourne way back in 2011 suggested it would come in in April 2013. After consultation the proposal states Summer 2013. I am trying to get your cast iron promise for a date but am working on finding out the passage of the Bill that will do this currently.

And i appreciate that, but for all we know they may have been told the month afterwards. Its been year since the proposals, so they have had plenty of time to sneaked an approximate date out to law firms. Or perhaps the Firms in question where simply guessing. Either way without access to any official admendments to law or officially public announcement of the date, then i don't have much else to go off in regards to the date!

[teaboy2]

Re: Verbal agreements - enforceable?

Yes because that wasn't the question. The rule as I understand it is, no advice by PM without consent of the site team.

What may be "legitimate and perfectly reasonable" to you, may not be to others. It was not for you to decide IMO

Yes and maybe i should have got permission from the site admin first. But then at the same time my main priority was loxxie not about requesting permission for anything. Also i shouldn't have to face insults or innuendos just because someone doesn't agree with me. Its called Flaming which is also likely a breach of site rules! I certainly won't sit back and take such things without standing up for myself, hence why its called flaming as it results in arguments like this that destroy a thread.

Anyway that's me done for tonight.