The Lemon Fool

With regard to the point I made earlier - we definitely paid it through payroll (as at the time I had the joys of managing the shared service team who had payroll as one of the responsibilities) and it went through as PILON and will have been treated accordingly (so with deductions for NI/Tax).

gryffron wrote:

didds wrote:I'd hoppe so.
But.
how do you prove it ?

Same problem applies to ANY verbal contract. But a verbal contract is still binding in law. The law is very clear on that point.

Gryff

Murder is only murder if you get caught.
verbal contracts are only enforceable if they can be proven.

if yer see what I mean!

Interesting replies.

There might be some good news in that another employer that made an offer last time is considering a second attempt.

I believe there might be some concerns over if the person, having rebuffed once might either do it again or use as a stepping stone. I mentioned accepting a deferred rate of pay for a period 6m or a year. If the employee leaves early then there is nothing to pay further by the employer. If the employee stays for the agreed period or is let go by the employer in that period then the full pay would become due.


As for verbal agreements, I suspect lots get recorded as interviews tend to be done online or via mobile. So easy to do.

Just a quick update.

They have been informed that they will be given 1 weeks pay.

They have got interviews for a new position and the recruiter is waving fees.So it's looking more positive.

They have taken some legal advice and might have a case for damages and due to the sums involved it might be done on a no win no fee. I think that they are going to request 3 months pay and take it from there. This will be looked at once new employment starts.

Another positive is that employment can start immediately with no notice required.

I remember hearing a few years back that a sneaky change had been made to employment law such that the maximum you can win at an employment tribunal is the amount you would get if made redundant.

MrFoolish wrote:I remember hearing a few years back that a sneaky change had been made to employment law such that the maximum you can win at an employment tribunal is the amount you would get if made redundant.

No, that's not at all the case. I suspect you'd misheard, as there are two elements to an unfair dismissal award, the basic award and the compensatory award.

The basic award is calculated according to a formula, and is very similar to a redundancy calculation - this was probably what you heard about. But the compensatory award is much higher, and is subject to a maximum of 12 months' gross pay or £105,707, whichever is the lower. The limit doesn't apply in certain cases, e.g. whistleblowing-related dismissals.

There are also no limits to the amount a tribunal can award in discrimination claims. The maximum award so far was made in 2011 in favour of a doctor, Eva Michalak, who was awarded £4.5 million in compensation after winning claims for unfair dismissal and sex and race discrimination against the NHS trust she worked for.

Just an update. The person has had a number of offers and accepted one on them. Apparently on better terms than the job which gave him notice with a week to go. A Glassdoor review will be submitted.

I'm not aware of what's happening with the legal avenue to recovers losses. I will try to find out at a later date but I suppose alls well that ends well.

Gerry557 wrote:Just an update. The person has had a number of offers and accepted one on them. Apparently on better terms than the job which gave him notice with a week to go. A Glassdoor review will be submitted.

I'm not aware of what's happening with the legal avenue to recovers losses. I will try to find out at a later date but I suppose alls well that ends well.

Thanks for the update - it's always good to know the outcome.