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Breach of contract


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Hi

 

I hope someone can offer advice on the following:

 

My son was invited to Scotland with the promise of employment following a period of training. I paid for him to travel there (air fare from Germany) in the hope that it would be sucessful and set him up in his chosen career (commercial diving).

 

The employer (name withheld) did not provide any of the training nor conducted any of the assessments that were promised. After eleven days my son then confronted his 'boss', who was extermely arrogant, and was informed that the employment and/or training would commence when he felt it was necessary. Needless to say my son was used in all aspects of this companies profession, including taking members of the public on diving trips/training, etc., and decided that this company was not worth the hassle and promptly departed.

 

My questions are:

 

Can we claim for breach of contract (we have e-mails detailing the offer, etc)

Can we charge for expenses incurred (airfare, taxis, etc)

Can we charge for days worked as self-employed/consultant

 

Many thanks for any response

 

G

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Can we claim for breach of contract (we have e-mails detailing the offer, etc)

 

Do those emails and such confirm, training would commence immediately?

 

11 days is not long in the grand scheme of things and an employer can dictate when training is undertaken, an argument from them that they were appraising this new employee before undergoing costly training would probably be accepted

 

You also stated that "My son was invited to Scotland with the promise of employment following a period of training" Could this have been on the job training? Was he to be paid? Many firms train their staff as they go along, many promise it and never do it. If he was injured because he had not been trained that would be another matter.

 

 

 

Can we charge for expenses incurred (airfare, taxis, etc)

 

He chose to walk, I doubt it

 

Can we charge for days worked as self-employed/consultant

 

If he started a contract and worked for them for 11 days then he may be able to ask for that back.

 

I don't think your going to get anything from this other than experience.

 

Hopefully someone will come along and prove me wrong

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Hi Djhutch,

 

Thanks for responding. We have all e-mails relating to this and I quote from the offer: 'We will sign contracts etc after you have met the team and have had a few days to complete the sets......I am intending for you in time to become the QC for this department with full operating authority on its activity' ('sets' means training). This did not occur and when queried........ the rest is history.

 

We would like to claim for the expenses incurred at the very least - but if not feasable/practical them we will just put it down to bad luck (again)

 

Thanks G

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Frankly, I think this is and always was, a [problem]. But you have no contracts in place and no legal obligations. I doubt if you could claim anything.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Frankly, I think this is and always was, a [problem]. But you have no contracts in place and no legal obligations. I doubt if you could claim anything.

 

Hmmm - interesting. The site doesn't show what I typed! For "problem" read what I actually typed S*C*A*M

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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