compromise agreement HELP

[doo]

I signed a compromise agreement with my employer and they have not paid my money saying I am in breach. They have listed a series of allegations which I deny but have not forwarded any proof. I am now going to issue a court claim. I am 100% sure I have not breached the agreement. My problem is, if I claim the full amount it is over the small claims amount of £5,000, not by much but a couple of thousand, so do I drop to £5,000 so I take it through small claims or not. If not what are the implications of not going through the small claims court.

[elche]

My problem is, if I claim the full amount it is over the small claims amount of £5,000, not by much but a couple of thousand, so do I drop to £5,000 so I take it through small claims or not. If not what are the implications of not going through the small claims court.

 

You are right to be concerned about getting into multi-track / fast track as if you lose it could be pricey!

 

You may be able to issue in an ET.

 

Your particulars in the ET1 would look like this:

 

 

1. The Claimant was employed by the Respondent as a [...............] under a contract of employment dated [insert date].
   
2. The Claimant and the Respondent entered into a compromise agreement on [insert date].which included the following express terms:
   


1. that the Claimant’s employment with the Respondent would terminate on [insert date];
   
2. that the Respondent would pay to the Claimant the sum of £[ ].
   

 

[*]The Claimant’s employment terminated on [insert date] but in breach of the express term of the compromise agreement the Respondent has failed to pay the Claimant the sum of £[ ] or any sum.

[*]The Claimant accordingly claims the sum of £[ ].

Why not try in an ET initially (it costs nothing), if they don't accept the claim then issue for 5k in small claims track.

 

Although you must check that you can subsequently issue in county court - as something in my memory - tells me that if struck out in ET you may be unable to bring a claim in county court - but I'm unsure and too tired to check this now

 

Che