Employment Tribunal - First Claim - Breach on Contract

[fedupconsumer]

i have just lodges a claim with the ET against my previous company not paying my salary and termination agreement - total amount 12k.

i completed the form ET1 online and now wait for a response. Furthermore I have also submitted a claim in the county court court in the UK - being on JSA has helped.

Don't know what to expect but does anyone know how long it takes to get a hearing with the ET in London.

[elpulpo]

Don't know specifically London, but as I understand it you're looking at several months. Possibly longer.

[fedupconsumer]

ok now I have isued both an ET and a CC application against my old employer. Today i recieved a letter from them providing me with areason of non payment and actually suggesting i had breached the contract some time ago.

I now need a solicitor to act for me..money is very tight can anyone suggest a no win no fee person or a cheap lawer somewhere

[elpulpo]

Forget about 'no win-no fee' at the ET, unless you want the legal fees to eat up any award you might get. Costs are only awarded at ET in a small minority of cases.

 

What was their reason for non-payment?

Did you agree in writing to them making deductions from your wages at any time?

[fedupconsumer]

started work on Jan 5 2009 as a sales guy based in the uk with an irish company and working from home with no support from the company - although they do have an office in london

contract signed with a 5 month trial

prior to this i was invloved with an exhibition company that was going to manage an exhibition - in the same field as my new employment - but not linked to the service being offered. I emploued a part time guy who was calling and offering delegates an opportunity to participate

once i recieved the job my wife took over the opportunity - and once she decided that the event was not going to work closed it down.This only enhanced my job because i was able to use the appointment maker to make appointments for me re the new job which the company was aware of. furthermore an NDA is in palce with the appointment maker.

My contract was re negotiated and was given advance commssion payments on the basis that my income for the comapny would be at least 250k sept - Jan.

This was going to be achieved easily.

never having a warning or any form of ticking off i was amzed to be called to the office and told that the company could not afford me and that they will need to let me go. Complaints were then raised on my performance against ither people in the company.

we agreed that i would resign and that they would pay me a termination payment 0ttoal 12k - on the 27 nov. I handed over all docs etc/ a signed agreement was signed.

They now tell me that they have discovered i was running another business and was i breach of my original contract.

i guess they are using everything they can to avoid paying me and threatning me with an injunction to stop me calling thier clients.

 

so i guess i need help

[teaboy2]

did it say anything in your contract regarding having your own business? if not they are clutching at straws. especially if you had told them about your business prior to starting work for them.

[fedupconsumer]

ok question for someone

can someone get an injuction for somthing that has not happened - previous employers really worried that i would talk to thier clients and tell them the truth about thier misleading claims on thier company...would not but they seem really concerned that i might so have threatned me with an injunction?

[teaboy2]

good question. i believe in order to get an injuction they would have to provide evidence to prove your intent of actually doing what they are trying to prevent you from doing. If on the other hand your own business is the same as there's i.e provide same services then it would not be possible to prevent you contact potential them as potential customers unless they can prove that you are using contact information obtained directly from their company, and again if such contact information is openly availble to the publid i.e phone book website or other form of public listing directory then short answer is no, unless you signed an agreement with them stating otherwise such as you will not use information obtained from the company to contact their customers etc. theres a specific name for such an agreement but i cant think of it of the top of my head.

 

So basically they can only get an injuction to stop you informing their customers if they have prove of your intent to do so. Preventing you from contacting them without prove of such intent to carry out such action would be a i believe a breach of the competition act if your own business provides the same service/product etc.

 

perfect example of such an injuction being granted is when a newspaper reveals will be printing an article about someone and that someone then presses for an injuction to prevent the article being publish becuase of its detriminal effect or the fact it is a private matter and not one of public interest. They use the newspapers revelation of intent to publish as evidence of intent, in order to get the injuction to prevent it being publish. Hope you understand what am getting at here.

 

But i maybe wrong here, but thats just my opinion.

Edited December 17, 2009 by teaboy2

[fedupconsumer]

i agree with your sentiments. I did not have a business it was my wifes and the services provided were not the same. I guess they will need to provide evidence of both - knowledge that they did not know of my wifes business - and that i have damaged thier business - i intent to let this run to its conclusion - may need a solicitor - can employment matters be awarded legal aid?

[elpulpo]

Aye. Restrictive Covenants, Teaboy?

If they're up to no good, I don't see how they could shut you up.

[teaboy2]

Also they would have to prove that the misleading claims about their company are not misleading. if not then any attempt to get an injunction against you will be unlawful and a direct violation of your right to freedom of speech in which you may express to others your opinions of someone or some party or bodies actions or statements.

 

so basically if they have been unlawfully missleading their customers then any attempt to get an injuction against you would be a breach of the human rights act 1998 section 10, So they would have to prove to a judge that they were not unlawfully missleading their customers along with proving to the judge that your intented to contact their customers and inform them they were. so if they cant prove both of the above then i doubt theyll beable to get an injunction due to the human rights act 1998 section 10.

 

Atleast that is how i see it.

[teaboy2]

Aye. Restrictive Covenants, Teaboy?

If they're up to no good, I don't see how they could shut you up.

 

Yep thats the one elpulpo, your spot on as always

[teaboy2]

i agree with your sentiments. I did not have a business it was my wifes and the services provided were not the same. I guess they will need to provide evidence of both - knowledge that they did not know of my wifes business - and that i have damaged thier business - i intent to let this run to its conclusion - may need a solicitor - can employment matters be awarded legal aid?

 

 

So if its your wifes business then you can not be in breach of contract, like they accused you of being for having a business, when the business is your wifes? They cant because its not your business to start with and would have to be registered in your name for you to be in breach.

 

i think if you have under a certain amount in the bank or are unemployed and receiving benefits then you may be entitled to legal aid. http://www.adviceguide.org.uk/index/your_rights/legal_system/help_with_legal_costs.htm#legal_representation

Edited December 17, 2009 by teaboy2

[fedupconsumer]

I wanted to let you all now that my ex-employer has settled the claim today.

I took them to the county court and the ET at the same time. In both cases I had a judgement in dafault...

Now i propsoe to sue them for compensation and loss of earnings until i find a new job

[majik]

Surely your loss of earnings will be dealt with via the ET as there is a section in the ET1 form where you put your loss to date and if its still happening etc ?

 

Also be aware that until you actually have the money in your hand as such they can still apply to have the judgement set aside for the CCJ at least.

 

Well done though, glad it all worked out well.

Edited January 19, 2010 by majik

[honeybee13]

Well done you! I hope you get what you're due from the company.

[fedupconsumer]

the money hit my account this morning...

i agreed to withdraw the current claims against them

i am now going to submit a fresh claim in the cc and we'll see what happens

[majik]

Ok, i would say before you start the new CC action, read through what you agreed to do.

 

Did you state you would stop all current action against them following settlement OR was it worded more like once payment recieved all action will cease etc ?

 

I think you should double check how it was worded before starting the new CC action as it could be quite important and the company could agrue that they feel the case to have already been settled etc.

 

Great news on recieveing the payment though well done.