I am reading up now on your comments with CPR 3.9 so I am ready if and when he does re-apply. As for costs, to be honest I dont want to bother. I am exhausted with it all and wife even more so. just glad it at this stage and if it is re-opened then will have more experience etc to defend with even more confidence! I just await his court case with interest Thanks, John

Well .....he hasnt paid so order has been struck out - yahoo! The more and more I ponder over all of this I am sure it was just a scare tactic and in some ways I am sad I havent had my day in court with him but as the wife says, count my blessings and at least we can move on now. I have been told that he will be pleading guilty in court to his farce of fraud and also dimished responsibility as he now telling his friends (not that he has many) and others that he is not well and walking around scruffy which is unlike him to be honest. However, should he try with the court again at least I can say he is a little unstable thus his claim against me lol... So this leaves me to say a big thanks to everyone especially the advice that some have experienced first hand. The forum is great and a credit to you all.

Hello one and all; an update for you and probably a little chuckle My wife and I got our court date and it was 9th August but we are on holiday so I called the court and explained and they said write a letter explaining. So, I duly did and posted it off last week. I called them yesterday to ensure they got the request to which they replied yes. The lady went on to tell me that the 9th August date had been vacated - great I said - however, not on the grounds of our holiday and request to change but because.....the claimant (my ex employer) paid by cheque and it bounced - lmao! This is simply typical of my ex employer - it is not something new but to do it to a court when he is trying to recover 98k is beyond me! This does make me feel even more convinced that it has been scare tactics all alone. There is though a possibility that they will pay and I will end up face to face with them but in the meantime i am smiling and chuckling to myself lol... The MD does have a lot on his plate though - tribunal in July from the ex finance director plus his own court appearance for fraud plus something else that he doesnt know will land on his desk soon - the latter will keep him more than busy that's for sure! So for now that is my update and we shall see what comes up next....bye for now and thanks again....

Thanks Andy...I will re-scan as pdf and upload. I put the SJ in but they returned it as I hadnt pauid 80.00 but I didnt see anything in costs so will need to do it again! I did put dates down on original AQ but appears they have ignored that. i will contact the court to advise we are unavaliable...thanks again

Hi one and all....Its been quiet on the action front until today and I have received the attached. Its says the matter is olisted for a case management conference on 9th August and I have to file at court and with the claimant any directions to seek no later than 7 days prior to court hearing. A couiple of questions please: 1. Does the court conference mean this will been done in front of both claimant and defendants or is it without us being there? 2. For the files do i just simply write a defence again to the court and to the claimant? 3. If we are in person on 9th August can I change that date? Of course if it is done without us being at court then this is irrelevant! Thanks.....John

Dont get me wrong Mo I dont agree with everything I said but it is all about perception - it was once said to me that perception is reality - and to a degree I agree and accept that. Sometimes you have to play the game and sometimes perception is a game. I would rather everyone be open and honest and not take things personal but there are many managers of people in employment that couldnt manage a game of monopoly or tiddly winks and will never be managers of people whilst they have an orifice in a certain location! I currently work for a CEO and Directors that are like none I have come across in my 42 years of employment and it is a pleasure to be around them and all of us can have a say and an opinion without anyone taking it personal. I hope you too will have such a CEO soon...

This is my first comment in response to a topic but felt I would offer my angle as being in a position of seniority in my last position where I had 40 staff working for me and reporting to CEO. If I was the CEO and someone called me by my first name and then called me Mr. after I had made mention of something to him/her I would see that as scarcasm. From what you have said MorganNK it appears the CEO has had an off day and in some way might have been protecting you as he felt uncomfortable at the inuendo's and might have thought you were being the brunt of of things and being undermined - obviously difficult to be precise as none of us there to witness such. I personally would go back to being professional and using his christian name ( I am assuming the CEO is a He of course in my use of Him!). If he persists in being offhand then I would discuss with him on a one to one but not use any other term that what you have been calling him up to that instance. Again, callinjg someone Mr/Mrs after the use of first name comes across to me as scarcasm and not professional. The use of Mr/Mrs these days is not deemed the way it used to be - in my humble opinion. Just my two penneth worth and hope things get back to normal. I dont see the need to look for another job when you enjoy the one you have and it is a one off but then again I am not in that situation!

Excellent, thanks Andy, i think i am on top of this now...just printing out forms and ensuring all things square...wife in bed as she had a belly full of it now..... Cheers, John

OK i got it Andy, I think! Complete the AQ and add in that I am applying SJ/SO and send it back to Court by 25th may. In addition submit Applicatyion Notice (N244) and see what they allocate - either SJ and/or SO or whatever they feel fit. Thanks..... John

Guys, I have just re-read all of your advice and looked at what I have received. I better go over each of them to let you know what i now have and what my intentions are: I have received the following: 1. Claim forms (me and my wife as seperate defendants but same claim numbers) 2. Claimants breakdown of their claim and their 'proof' - just a list of moinies they have paid me and my wife and what I have spent on company credit card over 3 years 3. Allocation questionnaire I have completed the following: 1. Allocation questionnaire 2. N244 (Strike Out order) So, 1. Do I send off the Allocation Questionnaire as instructed by 25th May? 2. Do I send off N244 before the Allocation Questionnaire? 3. What do I fill in for Summary Judgement? Apologies in advance for being a bit thick on this but I see from your message Andy that ''.... easy to win becuase the other side ignored CPR 24.5 and didnt file evidence so Judge wasnt plaesed....'' However, ex employer has sent me 'evidence' and assume they will send same 'evidence' when they complete the allocation questionnaire. Or am I incorrect on my assumptions?

I am now just looking at CPR 24.2 but I cannot see a form to fill out - can you let me know what it is please, thanks...sorry for being a pain!

Thanks Gordies and Andy...now I might be too late becuiase whilst i was away the Allocation forms came for me and my wife and I have until the 25th May to get them back to Court. Does this mean i am too late for CPR 24.2 and CPR 3.4? If i am OK with submitting them what sort of costs am i likely to incur?

Hi, I have been away and now going through form N244 which is I believe the form for CPR3.4 Strike out - is this correct? Based on this form being correct I have a few questions about it that i am hoping you can help me with: So from the numbering of the form we have: 1. Simple 2. Simple 3. Asking 'What order are you asking the court to make and why?' I have put here '' The claim is both vexatious and false. Neither defendants were dismissed from employment - both employees resigned and acknowledged as such by xxxxx Limited Directors. The claim is false and fraudulent in both content and intent. The Managing Director, xxxxx, has a known vendetta against defendant xxxxx 4. Asking - Have you attached a draft of the order you are applying for? - what is this? 5. Asking - How do you want to have tghis appliocation dealt with? - I have put '' without a hearing'' - is this correct? 6. How long do you think the hearing will last? - I have put 1 hour - yes/no? 7. Give details of any fixed trial date or period - i am leaving blank as there isnt any. 8. What level of judge does your hearing need? - what should i put here? 9. Who should be served with this application? - what do I put here? 10. Information - easy enough!

She gets the 28 day entitlement still but they want 4 days unpaid off her on top of that! No consultation period just a letter I have advised her to consult ACAS and her Union rep

My daughter called me asking for advice and thought best place to go is here: My daughter works for local authority and they have just gone through job qualification again as they had to reduce numbers. She is good at her job so was kept on. Now they have been told that all the employees have to take 4 days un-paid leave per year and this is to be over the xmas period. The LA want to close the centre and dont want to pay employees. They have been told that if they dont accept this they will get a warning letter, then another warning letter if refusal the second time and then instant dismissal if they refuse a 3rd time. I know LA appear to have their own law but is this really lawful? Thanks in advance...