Thursday
Off to the solicitor at eleven. Solicitors always leave me with the feeling that they don't really know what's, what, just what's usually happened in theses circumstances in the past (which i suppose is true and useful in the Uk legal system, but the Uk legal system accommodate a good new angle sometimes) Anyway the guy rambled on a bit looked at the "Agreement" sort of discussed it.
Wife started off with nervous breathless speech mentioning names of people totally unknown to the Eagle and barely known to me, and who did what etc..
He pointed out that they had used "Mutually agreed termination" which he said would cause problems with out mortgage insurance. So he noted down to ask to change that and wife pointed out the "agreement" didn't make not of her holiday pay owed or two weeks of odd bits of overtime. Wife had only started noting it down in last two weeks, previously id never known her finish on time and she never claimed it. Also we raised questions about the quality of reference they would give to any prospective employers. He said that the employer had to pay him to make it an "equal agreement" which is bollox as we would starve pretty quick if we held out against them... so id argue that its not in fact an enforceable agreement as it is by its definition adopted under duress (which makes and agreement nul and void... but i didn't say that to him)..
So we were sent out while he phoned the company, ArseBoss was known to be out all day, so he got the dull and unimaginative accountant. Who it seems got a bit arsey about being told to change things by the legal Eagle they were paying for (at £150 an hour!) So he wouldn't be drawn on the reference thing, saying that company policy is not to issue open references, only to employers (to which wife said maybe we should get a friend to offer to employ her just to get sight of one reference, the Eagle seemed amused and agreed that might be a good idea one day if she had problems)Agreed to put over time in (so we screwed an extra £37 ish quid out of them) and take out "Mutual" bit and put in just bald "terminate" which might be viewed more like redundancy buy mortgage insurance company. Mr Dull wouldn't put "made redundant" "As that wasn't the situation".(but as i pointed out the wife has NEVER BEEN TOLD WHAT IS THE SITUATION!.. which might cost us £250 a month, cunt.
I asked weather it might be better to talk to ArseBoss tomorrow morning and see if he will change it rather than talking to the "Oily rag" today...but i got sort of ignored and overruled. Latter the wife got upset that isn't what we asked to happen.
We went back and wife signed it after school, take it in tomorrow.
What was interesting was the Eagle agreed with us that if wife had been incompetent they would have had to come up with instances etc of that failing and went through proper channels of complaint and they hadn't. So therefore all this was for some "unspecified" reason most likely they feared her taking them to a Tribunal. And he pointed out that what they offered was exactly what one would expect there anyway.
He also pointed out we could take them to court if wife was injured from employment as that cant be signed away, and the agreement didn't contain a "gagging" clause, on bad mouthing the firm after she has left, but did specify she couldn't tell work collogues about the amount of settlement, other than with close family and legal advisor's.(the Eagle rambled a bit about this and the mortgage insurance etc who knows what he meant though) Which is stupid as she had not sight of this "contact" while in possession of the knowledge of the settlement! So that's pretty unenforceable isn't it.
Soon after we both got a bit upset by it all, walking back to the car, it is all so unfair.
Wife started off with nervous breathless speech mentioning names of people totally unknown to the Eagle and barely known to me, and who did what etc..
He pointed out that they had used "Mutually agreed termination" which he said would cause problems with out mortgage insurance. So he noted down to ask to change that and wife pointed out the "agreement" didn't make not of her holiday pay owed or two weeks of odd bits of overtime. Wife had only started noting it down in last two weeks, previously id never known her finish on time and she never claimed it. Also we raised questions about the quality of reference they would give to any prospective employers. He said that the employer had to pay him to make it an "equal agreement" which is bollox as we would starve pretty quick if we held out against them... so id argue that its not in fact an enforceable agreement as it is by its definition adopted under duress (which makes and agreement nul and void... but i didn't say that to him)..
So we were sent out while he phoned the company, ArseBoss was known to be out all day, so he got the dull and unimaginative accountant. Who it seems got a bit arsey about being told to change things by the legal Eagle they were paying for (at £150 an hour!) So he wouldn't be drawn on the reference thing, saying that company policy is not to issue open references, only to employers (to which wife said maybe we should get a friend to offer to employ her just to get sight of one reference, the Eagle seemed amused and agreed that might be a good idea one day if she had problems)Agreed to put over time in (so we screwed an extra £37 ish quid out of them) and take out "Mutual" bit and put in just bald "terminate" which might be viewed more like redundancy buy mortgage insurance company. Mr Dull wouldn't put "made redundant" "As that wasn't the situation".(but as i pointed out the wife has NEVER BEEN TOLD WHAT IS THE SITUATION!.. which might cost us £250 a month, cunt.
I asked weather it might be better to talk to ArseBoss tomorrow morning and see if he will change it rather than talking to the "Oily rag" today...but i got sort of ignored and overruled. Latter the wife got upset that isn't what we asked to happen.
We went back and wife signed it after school, take it in tomorrow.
What was interesting was the Eagle agreed with us that if wife had been incompetent they would have had to come up with instances etc of that failing and went through proper channels of complaint and they hadn't. So therefore all this was for some "unspecified" reason most likely they feared her taking them to a Tribunal. And he pointed out that what they offered was exactly what one would expect there anyway.
He also pointed out we could take them to court if wife was injured from employment as that cant be signed away, and the agreement didn't contain a "gagging" clause, on bad mouthing the firm after she has left, but did specify she couldn't tell work collogues about the amount of settlement, other than with close family and legal advisor's.(the Eagle rambled a bit about this and the mortgage insurance etc who knows what he meant though) Which is stupid as she had not sight of this "contact" while in possession of the knowledge of the settlement! So that's pretty unenforceable isn't it.
Soon after we both got a bit upset by it all, walking back to the car, it is all so unfair.
posted by jon | 11:51 AM
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