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-   -   Liverpool passport staff sacked after contract error (https://www.cableforum.uk/board/showthread.php?t=33676124)

Chris 24-03-2011 13:36

Re: Liverpool passport staff sacked after contract error
 
But a contract is not an absolute document - it is only legal if it is drawn up according to the Law. If the law says that non-Civil Servants may not be offered permanent Civil Service employment, then a permanent contract cannot be legal.

Chrysalis 24-03-2011 17:20

Re: Liverpool passport staff sacked after contract error
 
Quote:

Originally Posted by Chris (Post 35198633)
It might be legal because of regulations relating to the operation of the Civil Service - as I said, it is well known amongst those of us who do freelancing for the Government that there is an upper limit.

However, the way in which this case was handled was awful.

There is an upper limit due to civil service policy.

However the civil service is just an employer like everyone else as far as I am concerned unless I see some legal evidence saying otherwise (may be the case but havent found anything saying so yet).

eg. I could have a company policy of the same, every employee temp only max 2 years employment, but if I then give a worker a permanent contract, that policy means nothing. The law would overide me if I tore up the contract stating company policy as reason and I would most likely be forced to re employ the person at a tribunal or give out large compensation.

Company policy doesnt make something legal, eg. if I had a company policy people could deal heroin on my shop floor, it doesnt make it legal.

---------- Post added at 16:20 ---------- Previous post was at 16:19 ----------

Quote:

Originally Posted by Chris (Post 35198638)
But a contract is not an absolute document - it is only legal if it is drawn up according to the Law. If the law says that non-Civil Servants may not be offered permanent Civil Service employment, then a permanent contract cannot be legal.

Thats the if I am on about, however I have looked and not seen anything specific in law that mentions it. Granted I havent looked in detail or maybe not looked in the right place but I have tried to find it.

Chris 24-03-2011 18:38

Re: Liverpool passport staff sacked after contract error
 
Fair points, all ... the truth is I don't know if the limit is enshrined in law or not. As we're talking about the Civil Service, it might well be so ... on the other hand it may not be. It would be difficult to say with certainty whether these sackings were legal without clarifying this small but vital point ...

cookie_365 24-03-2011 19:03

Re: Liverpool passport staff sacked after contract error
 
http://en.wikipedia.org/wiki/Frustration_in_English_law

martyh 24-03-2011 19:31

Re: Liverpool passport staff sacked after contract error
 
Quote:

Originally Posted by cookie_365 (Post 35198794)

the contract in question here though is possible to full fill ,so i don't think that would apply .

I agree that the contract should stand in law and normal employment law should apply in this case .


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