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Legal Question: Being Accussed

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
OK ...

My friend's sister had triplets and so they put an ad in the local paper to hire some much needed home help.

Anyway they only were looking for one person to work a few hours a day for £400 per month, but these two girls who were either friends or relatives applied and said the want to share the job and money was fine and they'd split the money and the hours.

Anyway few months gone by and now the girls are claiming it was £1,200 per month what was agreed to and that my friend's sister hit them .. which is a total joke if you ever met her cos she's the most gentle person I know, she won't even eat meat cos of the thought of the animals!! And when she was working in a well known retailer several customers even sent letters about how nice and friendly she was to her store manager.

Anyway everything was all verbally agreed no writing or anything but more then that they're worried about the accusation of them saying they were hit


Any advice? I assume it's up to the two girls to prove their story but it seems like two against 1

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    if it's a verbal contract then she probably could get away with paying them nothing, I bet they're out to get what they can. Tell her to get a solicitor and write them a letter saying £400 is the most they will get, it's fraudulent to lie about payment, there isn't actually a written contract, and saying someone hit you when they didn't is also illegal, slander I beleive. And that's enforceble I think because it's quite serious. Anyway, in court I swear that the judge (and jury) would probably side with the gentle mum of three rather than two greedy teenage girls. People will laugh at them for expecting £1200 a month for babysitting!

    But court might be going a bit too far, why not just write a threatening letter making it sound like you're clued up ;)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Who are they saying these things to? If they've told the Police this then there will be a proper investigation because they're accusing her of assault. I doubt it'll get very far as there isn't any evidence, it will simply be their word against hers.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    In the ad did it say the person would get £400 a month? If so, surely that's kinda evidence? I know that when they got the job, the salary could have been increased/decresed, but no-ones going to believe it increased from £400 to £1200. Maybe she might still have the paper with the ad in, or if not she could contact the paper to see if they sell back copies. I'm not sure if it'll help but it's worth a try.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Originally posted by BumbleBee
    If they've told the Police this then there will be a proper investigation because they're accusing her of assault. I doubt it'll get very far as there isn't any evidence, it will simply be their word against hers.

    i would also imagine they would interview a few people that know her, and as soon as they start hearing how gentle and kind she is, i imagine they'll get the picture.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Right, first of all, the contractual dispute.

    Contractual disputes come down to what is most probable, it is decided on a balance of probabilities. This balance of probabilities is decided by a County Court judge alone. Advertisements are treated as what is called an "invitation to treat", to which the other party makes an offer which is accepted by the advertising party. A contract does not need to written down, verbal contracts are valid if they can be proven.

    It is unlikely that a court would decide that £1,200 was the agreed price given the invitation to treat and given the lack of other evidence. The employer would have to pay the £400pcm to the pair, as that contract can be proven, and verbal contracts are enforceable in law- a contract is an agreement, not a sheet of paper.

    Although I would strongly advise that your friend, from now on, takes signed written agreements from employees.

    Making false claims about a battery would be slander, and damages could be sought against the two girls.

    Your friend needs to consult with a qualified solicitor, or at the very least the Citizen's Advice Bureau, and discuss what further action to take.
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