Re: A Warning To Us All

I just watched this case on the news and my heart goes out to him , I used the B word a few times for his carer she's out to grab what money she can from him ,if he's not got the money then let her have something like a shilling a week No way pay the full amount .

Re: A Warning To Us All

Unfortunately, the Court's hands are tied as he did say he would pay her but to be fair, I doubt he looked at it in that way. When I hired my gardener, I didn't give him a contract but I did state it wasn't regular work so that should be enough. I think a lot of people still feel that with home work, it's on an as and when needed basis. The courts could have awarded her the money but, as you have said, to be paid at a greatly reduced amount. Hopefully, some advocate will help him to adjust the payments.

Re: A Warning To Us All

Eliza darlin' that's not the way it works, she has a choice as to how its paid. She can either apply to the court for a Bailiff's warrant to sequester any goods the man has to the value of the claim, so if he has a car or something of value that can be taken and sold at public auction then the Bailiffs will take that. Alternatively, if the man owns the house he lives in, she can apply to the Land Registry and place a 'charge' on property, so that as and when it is sold, she gets her money then from the proceeds of the sale.

Re: A Warning To Us All

I would appeal, it wasn't him paying her it was his wife out of benefits, she is no longer here.
So he shouldn't be liable.

Re: A Warning To Us All

To me it also seems completely and utterly heartless that someone could do this and get away with it.

The problem is that he probably will not be able to get any legal aid to contest this case, thanks to Government changes but apart from that, surely it must be obvious that there is a strong possibility that he did not know enough of Employment Law to be in a position to anticipate this possible scenario in the first place?

Around where I live there are more and more itinerant workers touting for business doing gardening, roof repairs, driveway repairs or a bit of decorating who are highly unlikely to have any insurance at all yet will be able to sue any unsuspecting householder for everything he / she has if there's an accident whilst undertaking such work!

I use tree surgeons annually and I use the same firm every time because I know that they have insurance to cover not only themselves but also damage to the property where they will be employed but trying to get such info from a builder recently was almost impossible as all he said was he was covered but when I asked for verification he just said "I can if you like but trust me, I'm covered"

The only thing that you can do these days is try to get the info you need before inviting someone to do anything as the ambulance-chasers are getting to be a major problem everywhere. stevmk2

Re: A Warning To Us All

Unfortunately, and if I'm reading this correctly, Mr Lomas took on the carer privately after his wife died which had been previously paid for by the Council.

If this be the case, then Mr Lomas should have drawn up a new Contract of Employment for the carer because effectively he became her employer, and it is the law to have a binding Contract of Employment which both parties agree to and sign.

It would appear that there was just a verbal agreement as to the carer's hours which she would have depended upon in her wage and for him to cut her hours unilaterally, made her dependent upon seeking further employment to make up her weekly wage.

Full time or part time workers MUST have a Contract of Employment signifiying specific hours but, if they are just casual labour, then no such contract is required. That is the law, and that's why the old chap lost his case at tribunal.

Wrinkly said:

I would appeal, it wasn't him paying her it was his wife out of benefits, she is no longer here.
So he shouldn't be liable.

Yes, but he paid the carer after his wife had died and took her on and paid her privately, so sadly he is liable.

I feel sorry for the old guy, but he should have sought legal advice, and the outcome of the tribunal was fair.