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Filling out an application form that is actually a contract?

Re: Filling out an application form that is actually a contr

Postby tph » Wed Nov 30, 2016 9:01 pm

I believe the law allows for a mistake in a contract. In this case if an individual was under the impression that it was an application rather than a contract therewithin lies the mistake.

What's is interesting in this case is the contract falls very close to what would be defined as exploitation under the Modern Slavery Act 2015.

Securing services etc by force, threats or deception

(5)The person is subjected to force, threats or deception designed to induce him or her—

(a)to provide services of any kind,

(b)to provide another person with benefits of any kind, or

(c)to enable another person to acquire benefits of any kind.
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Re: Filling out an application form that is actually a contr

Postby derail » Wed Nov 30, 2016 9:06 pm

Interesting point regarding the slavery. I'm not sure it applies now as they don't want services from her anymore. They want cold hard cash. Unfortunately she doesn't have any so I'd like to see how they're going to proceed.
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Re: Filling out an application form that is actually a contr

Postby Hairyloon » Wed Nov 30, 2016 10:48 pm

derail wrote:I'm not sure it applies now as they don't want services from her anymore. They want cold hard cash...

See (b).
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Re: Filling out an application form that is actually a contr

Postby atticus » Wed Nov 30, 2016 10:57 pm

So a letter before action is Modern Slavery. Wow.
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Re: Filling out an application form that is actually a contr

Postby atticus » Thu Dec 01, 2016 7:35 am

The Modern Slavery Act has no bearing whatsoever on this thread. None at all.

Anyone who has any doubt should read the Act. Section 1 is a very good place to start.
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Re: Filling out an application form that is actually a contr

Postby derail » Thu Dec 01, 2016 11:19 am

tph wrote:I believe the law allows for a mistake in a contract. In this case if an individual was under the impression that it was an application rather than a contract therewithin lies the mistake.


Any examples of when the law allows for a mistake in a contract?
Last edited by derail on Thu Dec 01, 2016 12:05 pm, edited 2 times in total.
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Re: Filling out an application form that is actually a contr

Postby diy » Thu Dec 01, 2016 11:26 am

derail wrote:Interesting point regarding the slavery. I'm not sure it applies now as they don't want services from her anymore. They want cold hard cash. Unfortunately she doesn't have any so I'd like to see how they're going to proceed.


They've retracted their offer? It doesn't sound like they have a claim then?

Have you done any research on the employer - I wonder if this is a carefully orchestrated scam.

- they want to hold her to a contract that they didn't give her a copy of
- they no longer want to employer her, but now want damages from her
- did they ever ask her about medical conditions? Could her mental illness be described as a disability for the purposes of the quality Act 2010.

Has she lied on her application?
is there any evidence that they actually checked her references?

Perhaps her defence is now much simpler - I'm ready to work, assuming they are ready to make reasonable adjustments for my disabilities.
If they persist a counter claim for discrimination might be applicable.
Last edited by diy on Thu Dec 01, 2016 11:32 am, edited 1 time in total.
My suggestions are not legal advice
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Re: Filling out an application form that is actually a contr

Postby atticus » Thu Dec 01, 2016 11:28 am

If there is no contract there is no mistake in it to be rectified.

If there is no contract there is no prospect of a successful claim for damages for breach.

KISS.
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Re: Filling out an application form that is actually a contr

Postby derail » Thu Dec 01, 2016 11:38 am

Good point Atticus. I keep forgetting. There actually is no contract. I suppose I'm just concerned that because they are so reluctant to provide the "contract" in it's entirety for us to check out that behind the scenes they might be doing some sort of editing to it before disclosing it so as to make it appear like a contract. In this day and age there is nothing that can't be done with a bit of computer wizardry.
Last edited by derail on Thu Dec 01, 2016 11:57 am, edited 1 time in total.
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Re: Filling out an application form that is actually a contr

Postby derail » Thu Dec 01, 2016 11:56 am

diy wrote:
They've retracted their offer? It doesn't sound like they have a claim then?

Have you done any research on the employer - I wonder if this is a carefully orchestrated scam.

- they want to hold her to a contract that they didn't give her a copy of
- they no longer want to employer her, but now want damages from her
- did they ever ask her about medical conditions? Could her mental illness be described as a disability for the purposes of the quality Act 2010.

Has she lied on her application?
is there any evidence that they actually checked her references?

Perhaps her defence is now much simpler - I'm ready to work, assuming they are ready to make reasonable adjustments for my disabilities.
If they persist a counter claim for discrimination might be applicable.


She says she filled out the application form honestly but I don't know what she actually put down. Although I do believe that she believes that she told the truth if that makes sense. Who actually knows what was going on in her head at the time? They did check at least one of her references because one of them contacted her to see if it was legit.

Her mental illness is classed as a disability but she is unable to remember if they asked about her health. Truth is when she's in a manic state like this she is completely unaware that she is unwell and is likely to say to anyone who asks that's she's just fine. However, her last psychiatric report from her consultant specifically called her disabled which is what prompted the GP to sign her off as incapable of working so that she could focus on getting treatment.

This is where the lack of capacity becomes an interesting one. On a good day she can be perfectly able to accept the fact that she is unwell and that she has a duty to herself not to seek out work and to focus on getting well. However, when her mania kicks in all that goes out the window and she is certainly a long way from being fully cogent in the moment. She doesn't hear voices or anything like that but she certainly is not of sound mind.

The employer is a fairly established company so I don't think it's a scam at least not in a conventional sense. Although I certainly regard it as scam like behaviour.
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