Was I employed??

Dischord · World Chat Champion Joined: 08 May 2005 Karma :

I was due to start work on October 29th 05' via a job induction.
I ended up crashing on the 28th and couldn't work for months.
Along with personal injury claims etc I am (attempting) to claim loss of earnings.
This morning I got a letter from my solicitor and she's saying it will be very hard for her to argue that I was employed by the company since I hadn't undergone the induction.
Does it seem likely that I will get the loss of earnings? In my mind I was employed, I would have gone through the induction and started earning money (does this seem reasonable or am I just being greedy?)
This will total up to at least £3500 so don't want to let it fo without a fight.
Any insight? Question

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Robby · Dirty Old Man Joined: 16 May 2002 Karma :

Seeing as you failed to show up for work on the first day, I'd say you weren't employed. The crash was before you were meant to start the job, so it was pre-employment.

Dom · World Chat Champion Joined: 06 Sep 2004 Karma :

Regardless of the legality it hardly seems fair to go after the business. I don't know if they're a big company or what but they've done nothing wrong and imo don't deserve to have to pay out a penny to someone who hasn't worked for them for a single day.

I appreciate your situation but it doesn't seem right to me.
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..... · Quote Me Happy Joined: 15 Jan 2005 Karma :

Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

Compensation is to put you in the position that you would be in if said event hadn't happened. If you hadn't have been involved in that crash then you have gone through the induction and then have been employed by that company, therefore IMO it seems more than reasonable to be compensated for those lost earnings.

If your solicitors really do think it'll be that complicated then why not speak to a different company of personal injury solicitors to see what others say about it?

Annabella · Like a person, only smaller Joined: 03 Feb 2002 Karma :

I have got to agree with Ste.

Have the solicitors got copies of your offer of employment and the induction date etc?

Have you now lost the opportunity to work for the company too?
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Dischord · World Chat Champion Joined: 08 May 2005 Karma :

The company was Tesco btw and the 3rd party insurers will be paying.

My solicitor has been directly in touch with the store manager and she's said I was due an induction the day after my crash. So my solicitorknows this 100%.

I had been given my shift hours and everything (but I lost this letter Evil or Very Mad

) I think it would be unfair to not pay out as I did really have a job and would have been earning during the time I was unable to walk. Accident wasn't my fault.
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Dom · World Chat Champion Joined: 06 Sep 2004 Karma :

headlamp · World Chat Champion Joined: 26 Nov 2003 Karma :

I wouldn't be claiming for loss of earnings (you didn't have any), but advise your solicitor to sue for 'loss of income'. It is a subtle difference but most solicitors follow 'the letter of the law' and you have to speak their language.

The third party could argue that because you didn't start work you didn't fulfill your part of the (Employment) contract, by turning up to offer your Labour, therefore the contract is void. Loss of income is where your 'labour services' have been withdrawn and you are unable to work due to a third party's negligence (usually).
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Ariel Badger · Super Spammer Joined: 02 Dec 2006 Karma :

You may even be able to claim for loss of discount on cream cakes etc.
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scorps · World Chat Champion Joined: 29 Jan 2007 Karma :

loss of potential earnings just a thought
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st3v3 · Super Spammer Joined: 16 Oct 2006 Karma :

Surely if they gave Discord the job, with shift patterns etc, there is a verbal contract(of employment) in place therefore, is employed under that? Take it you never signed a paper contract then altho I would like to point out that afaik in a court of law a verbal contract is the same as a written contract, just not in writing. Find out of Tesco's if you were technically employed by them at the time of the accident, in ANY way if not, go through no win no fee as said. Thumbs Up

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garyd · Brolly Dolly Joined: 09 Apr 2006 Karma :

Sounds like the same as trying to claim on your wrecked bike AFTER a crash but BEFORE you insured it Rolling Eyes