Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are the invoices for time already worked by her?
Hi, we discussed this before........so hello again. Yes, she has worked the time but has no formal contract. She was there since December last year and obviously has previous invoices and corresponding payments.
I'd rather not go to court with this, but they're just being so stubborn about a 'meeting' to discuss the situation.
Hi, the issue is that you simply cannot force them to attend and meet with you. Whilst this may be the option you prefer and it may also be quite a good opportunity to discuss this, sadly they can only meet with you if they are willing to do so. Therefore, if they are adamant that they would not be doing so, you cannot really do much apart from take the next steps and possibly make a claim in the courts as it would be the next step. You may also find that if you were to claim then you could be seen that you are taking this seriously and would pursue it in any event so they could reconsider their position, but of course that cannot be guaranteed
it's the other way around. They're trying to force my daughter to meet them on their premises. She wants to meet them to discuss it rather than go to court (initially), but she doesn't want to go on her own but they won't be reasonable about someone going with her.
until she meets them, they won't pay
so they're constantly dictating terms to her - there's no flexibility/give and take
Oh sorry, my misunderstanding. Same rules would apply though – she cannot be forced to meet with them and it would be for them to try and negotiate and agree on what terms they meet. If they cannot agree on that, each party would have to consider if they want to compromise further and make any more concessions to try and facilitate a meeting.
there's no negotiation. We've offered a mediator (at shared expense), me or my wife, recording the meeting, etc. and each time it's a no with lots of sarcasm about growing up, etc. towards her, but she doesn't feel strong enough to deal with them on her own - she's been through hell in the past, so isn't strong (I won't elaborate).
they'll only let a mediator go at her expense or a solicitor both of which will cost as much as they owe her so is pointless
so we can't 'insist' on someone going with her then ?
no, I am afraid at this stage neither of you have any real negotiating power to make such demands - you need the agreement of the other party for it to happen
but we're trying to be flexible and they're constantly refusing unless on their terms, so does that stand a little in our favour if court is the only option ? I also think we discussed the issue of no contract before in that it's implied given how long she's been there and has previous invoices, payments plus they've not disputed the outstanding invoices in any of their replies.
they may get criticised but that would not change the initial position of whether the money is owed or not, so in terms of improving your prospects of success, it won't change those
they keep throwing up that she doesn't have a contract, but I guess implied is ok ?
yes but the court needs to be satisfied what its terms were - they could be anything and it would be for the court to decide based on the usual practices over the period of employment as to what terms would have become implied
and what's your 'feeling' on this. Is it worth pursuing or just let it go ?
so difficult to say, I simply do not have sufficient detail to tell you yes or no, but the risks are not that great as this would be the small claims court so even if you lose you would not be left much out of pocket
ok, I guess we'll have to see what their response is to the offer of doing it away from their premises or at our home is and go from there
she can always try to attend and can suspend the meeting at any time she does not feel comfortable
yeah, won't work like that. She was there when they got rid of the last person who left their office in tears.
Sorry can you please clarify the poor service rating?
sorry, I pressed the wrong face and didn't realise. Will do it again.