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Thread: The State of Play for today : Lawyer Culture

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    The State of Play for today : Lawyer Culture

    After reading this article

    I feel this pleasant elderly man took the carer under his wing at his own expense since the council would not and now he is being slapped in the face for it.

    I have absolutely no sympathy for the carer at all, if at all abusing her position and using the system to waste our tax payers money on silly law suits as these. Absolutely ridiculous and unnecessary. At least we know her name and she won't get much employment through official channels.
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    Editable... jimbouk's Avatar
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    Re: The State of Play for today : Lawyer Culture

    [controversial comment designed to provoke debate]
    He probably should have hired her on a zero hour contract...
    [/controversial comment designed to provoke debate]

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    Re: The State of Play for today : Lawyer Culture

    Quote Originally Posted by jimbouk View Post
    [controversial comment designed to provoke debate]
    He probably should have hired her on a zero hour contract...
    [/controversial comment designed to provoke debate]
    lolz
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    Editable... jimbouk's Avatar
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    Re: The State of Play for today : Lawyer Culture

    Without reading all of it, you can only assume he was judged to have continued the same care contract as before hence wasn't legally able to change the terms. If someone else had been taken on in her place, or a formal contract drawn up then this couldn't have happened.

    I can only imagine the poor old chap being torn apart in court by a decent lawyer about what was or wasn't agreed to in the verbal contract.

    But yeah, makes you sick.

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    Re: The State of Play for today : Lawyer Culture

    Quote Originally Posted by jimbouk View Post
    Without reading all of it, you can only assume he was judged to have continued the same care contract as before hence wasn't legally able to change the terms. If someone else had been taken on in her place, or a formal contract drawn up then this couldn't have happened.

    I can only imagine the poor old chap being torn apart in court by a decent lawyer about what was or wasn't agreed to in the verbal contract.

    But yeah, makes you sick.
    But in this current climate can you blame the lady for getting what she deserves? albeit not morally right way to do it. However how far would you go to get food for the table.

    A simple motto would be as long as it doesn't affect anyone your fine, but if it does, then there is something not right.
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    You're god damn right Barry's Avatar
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    Re: The State of Play for today : Lawyer Culture

    And stupid cases like this is why us carers have to pay hundreds for employers insurance every year
    Someone left a note on a piece of cake in the fridge that said, "Do not eat!". I ate the cake and left a note saying, "Yuck, who the hell eats paper ?

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    Re: The State of Play for today : Lawyer Culture

    Quote Originally Posted by Barry View Post
    And stupid cases like this is why us carers have to pay hundreds for employers insurance every year
    So you would advocate that elderly man to sort out employers liability insurance?
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    Re: The State of Play for today : Lawyer Culture

    I'd recommend anyone that has a paid carer to have employers liability insurance, employment law can be a gray area for carers as him and his wife would have been classed as an employer, we have had to use the legal department before when we fired a carer we had for misconduct, still the fact that the woman was awarded that is not right imo
    Someone left a note on a piece of cake in the fridge that said, "Do not eat!". I ate the cake and left a note saying, "Yuck, who the hell eats paper ?

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    Re: The State of Play for today : Lawyer Culture

    Goodwill has gone from this world completely and replaced with unncessary red tape and paper work. Shame....
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    Re: The State of Play for today : Lawyer Culture

    Quote Originally Posted by jimbouk View Post
    [controversial comment designed to provoke debate]
    He probably should have hired her on a zero hour contract...
    [/controversial comment designed to provoke debate]
    This case is interesting because it challenges all the normal leftie assumptions about employers being the exploitative bad guys.

    Yes, there area all sorts of problems with the underlying principles of current employment law. It is very, very difficult to get rid of someone because they aren't any good at their job. Or because they take the mick throwing sickies every Friday. So you have to make the position redundant then go through a whole palaver of creating a new job that sounds a bit different from the old one. Nice for employees, but long term I think we end up all being effectively contractors as no company will want to employ permanent staff. Or more realistically, the jobs simply get outsourced to places less litigious.

    Personally I think changes to employment contracts need to be made easier, with some kind of formal system of giving good notice of the change.

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    Re: The State of Play for today : Lawyer Culture

    It seems to me that the someone tried to the right thing by another person and has unknowingly fallen foul of the law because of his lack of knowledge about the law... So I don't understand why you call this thread 'lawyer culture'?

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    Re: The State of Play for today : Lawyer Culture

    Quote Originally Posted by mcmiller View Post
    It seems to me that the someone tried to the right thing by another person and has unknowingly fallen foul of the law because of his lack of knowledge about the law... So I don't understand why you call this thread 'lawyer culture'?
    'Mrs Wakefield was awarded damages after she sued him for constructive unfair dismissal and breach of contract.'

    Seems clear enough to me...

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    Re: The State of Play for today : Lawyer Culture

    Quote Originally Posted by csgohan4 View Post
    But in this current climate can you blame the lady for getting what she deserves? albeit not morally right way to do it. However how far would you go to get food for the table.

    ....
    Well, she might have got what the law says she's entitled to, but that certainly isn't what, IMHO, she "deserves". I do, however, honestly and sincerely hope she does get what she richly deserves, which at the very least is to have done to her what she did to this poor victim.

    Usual caveat applies - comments based on facts actually being as represented by this story, and knowing what many/most media outlets are like, that can be, at a minimum, a tad ambitious an assumption.

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