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Take a dump, or get off the pot.

Re: Put up or shut up

Postby atticus » Wed Nov 15, 2017 6:01 pm

It's a combination of the manner in which the 'claim' is asserted and the effect on the recipient. Not everyone is as robust and thick skinned as you have shown yourself to be, shooter.

Was the case a few years ago British Gas v Harrison?
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Re: Put up or shut up

Postby shootist » Wed Nov 15, 2017 6:08 pm

atticus wrote:It's a combination of the manner in which the 'claim' is asserted and the effect on the recipient. Not everyone is as robust and thick skinned as you have shown yourself to be, shooter.


Hmmm... a complement, possibly rwo. A nice change. Thank you.

atticus wrote:Was the case a few years ago British Gas v Harrison?


Not immediately found. Any links. Always interested in such things.
“Injustice anywhere is a threat to justice everywhere." MLK.
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Re: Put up or shut up

Postby atticus » Wed Nov 15, 2017 6:30 pm

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Re: Put up or shut up

Postby shootist » Wed Nov 15, 2017 8:50 pm

atticus wrote:Sorry, Ferguson. https://www.out-law.com/page-9826


A most interesting read. Thanks.
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Re: Take a dump, or get off the pot.

Postby diy » Thu Nov 16, 2017 8:39 am

XXX said that the behaviour was not serious enough to amount to harassment and that as a company, rather than an individual, it could not be caught by the legislation. It argued that Ferguson would have to identify an individual directing the activity in order for harassment to be demonstrated.


If that is a true reflection of their defence (my bold), xxx needs to hire better lawyers, I can imagine a court would not be amused by that. It would pave the way for people to create harassment bureaux firms...

DIY's Online Harassment Services Ltd. - "Specialising in the harassment of others under the protection of the corporate vale"
Shall we say £20 per abusive message?
My suggestions are not legal advice
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Re: Take a dump, or get off the pot.

Postby Hairyloon » Thu Nov 16, 2017 11:27 am

I had a similar thought in relation to dismissal agencies, after my claim for unfair dismissal failed in part because the manager that dismissed me was not available to be a witness...
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Re: put up or shut up

Postby atticus » Thu Nov 16, 2017 12:03 pm

There will have been very much more to it than that. In unfair dismissal cases, once the dismissal is established, it is for the employer to prove that the employee was dismissed for a fair reason. The absence of the decision maker would usually work against the employer.

You claimed constructive dismissal!
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Re: put up or shut up

Postby Hairyloon » Thu Nov 16, 2017 3:51 pm

atticus wrote:There will have been very much more to it than that.

Yes, that's why I said "in part".

You claimed constructive dismissal!

Yes. The boss refused to pay me and the manager wouldn't give me any more work if I wasn't getting paid for it. No work + no pay = effective dismissal.
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Re: put up or shut up

Postby atticus » Thu Nov 16, 2017 4:08 pm

Point missed. You resigned. It was your decision to bring your employment to an end (even if as a response to a load of stuff from your employer). Your burden of proof.

When it is the employer who takes the final act that brings the employment to an end, he has the burden of proof. And that is why your dismissal agency plan is worthy of Baldrick.
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Re: put up or shut up

Postby Hairyloon » Thu Nov 16, 2017 7:21 pm

atticus wrote:Point missed. You resigned. It was your decision to bring your employment to an end...

I'm curious to know how no work and no pay constitutes a continued employment, but it is completely off topic.

And that is why your dismissal agency plan is worthy of Baldrick.

I didn't suggest I thought it a good idea, only that the thought had occurred. That it would be thoroughly immoral is a better ground to avoid it than any degree of Baldricicity.
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