Implied Consent.
- Thread starter conny
- Start date
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NO.
Was the question: 'can I punch you in the head'
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the comments
"You have to do what you have to do."in no way gives "meeting off minds "
its as far as you can possibly get from an agreement
a contract is well defined with an agreement there is no ambiguity what is written and signed will be the contract
you can have a verbal contract thats fine as long as you agree and indeed prove your understanding is fair and accurate as to what should be interpereted if it disagrees with the other sides interpretation then you have a dispute with possibly no meeting off mind so no contract
"You have to do what you have to do."in no way gives "meeting off minds "
its as far as you can possibly get from an agreement
a contract is well defined with an agreement there is no ambiguity what is written and signed will be the contract
you can have a verbal contract thats fine as long as you agree and indeed prove your understanding is fair and accurate as to what should be interpereted if it disagrees with the other sides interpretation then you have a dispute with possibly no meeting off mind so no contract
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So, what did you ask them for permission to do?
Doesn't stop the BBC harrasing people for their sh1t and nasty TV licence money though does it
The question was from a colleague to a deputy supervisor when the foreman was off work.
Colleague had an emergency at home in the early hours of the morning. He phoned the deputy an hour before the deputies start time and asked for an emergency days holiday.
Deputies reply was, "You have to do what you have to do what you have to do", so he took the day off. Next day he was told it had been 'unauthorised' by HR because he hadn't given enough notice and he wouldn't be paid. (How are you supposed to give two days notice of an emergency?)
He is now waiting to go to Appeal against this decision.
Colleague had an emergency at home in the early hours of the morning. He phoned the deputy an hour before the deputies start time and asked for an emergency days holiday.
Deputies reply was, "You have to do what you have to do what you have to do", so he took the day off. Next day he was told it had been 'unauthorised' by HR because he hadn't given enough notice and he wouldn't be paid. (How are you supposed to give two days notice of an emergency?)
He is now waiting to go to Appeal against this decision.
I can’t see that being a problem. He wasn’t sick and I don’t know of any company that pay employees who are off because of a domestic emergency. If he was expecting to take a days paid holiday at one hours notice then I’d say he was pushing his luck because that is what he was effectively asking for. If it’s not company policy to pay employees for time off for domestic emergencies, how the hell was the deputy supervisor supposed to authorise that?
Does it matter?
He isnt out of pocket, is he?
If he took it as a paid holiday, he would have less holiday available.
I dont see why the company cant give him a days holiday, paid. What difference is it to them? If they are upset, because they have lost a key worker at short notice: well everybody has the occasional emergency. Whichever way you look at it, the guy was taking the time off. The only difference is whether the company pay him for a days holiday now, or sometime in the future, when a days holiday is booked in advance.
It seems a bit of a storm in a teacup to me.
He isnt out of pocket, is he?
If he took it as a paid holiday, he would have less holiday available.
I dont see why the company cant give him a days holiday, paid. What difference is it to them? If they are upset, because they have lost a key worker at short notice: well everybody has the occasional emergency. Whichever way you look at it, the guy was taking the time off. The only difference is whether the company pay him for a days holiday now, or sometime in the future, when a days holiday is booked in advance.
It seems a bit of a storm in a teacup to me.
Ah yes, I can see that.
If he is being disciplined, then the company are totally stupid. All they are then saying is: 'we want you to lie'.
Because he couldve said: I cant come in, Ive been up all night vomiting.
Company HR procedures are just designed to build a lack of trust on both sides.
We all know more single days off sick are Monday and Friday. Its amazing how many doctors and dentists appointment there are on Friday afternoons
D
durhamplumber
"Excuse me Mrs,can I have sex with you"
"Do what you gotta do"
Hmm...interesting one for the courts..Don't bank on it being classed as consent.
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