Can I pursue two seperate issues through a Small Claims court against my employer?

[bugsley]

I am asking the following question on behalf of a third party who would prefer to remain anonymous.

 

I am trying to resolve two matters with my employer, a limited company :

 

1. A Breach of Contract including an unlawful deduction from wages.

2. Failure to pay overtime I have submitted when they have agreed to pay, in writing, but haven't.

 

If the two issues are added together their combined value would be over the £5000 limit but seperately, neither is at the limit.

 

Would I be entitled and allowed to put in two independent claims to the small claims court for each of the issues? The claims need not necessarily be submitted at the same time.

 

I am currently trying to get my employer to address the matter through independent arbitration but they are just digging their heels in.

 

It seems daft that the matter cannot be addressed by an Employment Tribunal but it appears it cannot unless I choose to terminate my employment and go for Constructive Dismissal, so looking for the most cost effective remedy without having to spend £'000's.

 

Thanks in advance.

 

Bugsley.

Edited May 30, 2011 by bugsley

[AndyOrch]

Hi Bugsley and welcome to Cag.

 

Is their a specific reason to split the claim? Using the Fast Track route could be more advantageous as opposed to SCT.

 

Regards

 

Andy

[andydd]

Hi Bugsley and welcome to Cag.

 

Is their a specific reason to split the claim? Using the Fast Track route could be more advantageous as opposed to SCT.

 

Regards

 

Andy

 

Surely the poster wishes to avoid the risk of costs associated with the fast track ?Andy

[AndyOrch]

Surely the poster wishes to avoid the risk of costs associated with the fast track ?Andy

 

Hi Andy until we are aware of a reason its difficult to surmise. Dont forget Bugsley is the Claimant so costs

will be negligible,and presuming successful, awarded anyway.Fast track as the benefit of better disclosure

and in a case like this advantageous.

 

We all know about split claims and if the PoC amounts to the same cause of action then this would be inadvisable

and also considered an abuse of process.

 

Regards

 

Andy

[andydd]

Hi Andy until we are aware of a reason its difficult to surmise. Dont forget Bugsley is the Claimant so costs

will be negligible,and presuming successful, awarded anyway.Fast track as the benefit of better disclosure

and in a case like this advantageous.

 

We all know about split claims and if the PoC amounts to the same cause of action then this would be inadvisable

and also considered an abuse of process.

 

Regards

 

Andy

 

But surely if he loses (or discontinues) he could be liable for significant costs, even if as a claimant, Im in a similar position.Andy

[AndyOrch]

It is possible to exceed the 5K and still keep this SCT if the claim is straight forward.

Fixed costs could apply in the event it goes FT.In the event the Defendant is not willing to

participate in arbitration then Costs would be significantly reduced anyway.

 

Andy

[bugsley]

The potential outcome is over £5k total because it's racking up month by month due to it being a breach of contract and the claimant being entitled to payments that she was entitled to be paid in accordance with her contract but were not paid and were unilaterally withdrawn. However, it's a massive step to have to cough up over £1000 to pursue such a claim FST plus the delay of 20 to 30 weeks before it is heard and the potential for weasel legal arguments that its harder to defend without having to cough up £100's more for legal assistance. It just puts up a barrier that says it's not worth the risk for the reward, rather than getting the principle properly addressed. I understand thesmall claims limit is being considered being raised to £15k but no idea how long that will take to go through.

 

I am wondering if it is feasible to submit to a court a "principle" but not attach a financial sum to it. What I mean by this is to present to the court all the facts regarding the breach of contract and just let them decide if there has been one or not. the reason for thinking this way is because the breach of contract is that the employer changed her contract terms without her approval or agreement. Now to correct this, either she would have to agree to the new terms, which she won't, or they have to terminate her existing contract giving appropriate notice and issue another contract. This requires 3 months notice. Therefore, if the court found in her favour, in principle, it does not have to make a financuial award as contractually the value of that is already determined by her contract of employment.So all the court needs to do is to determine if there has been a breach of contract or not. Hope I am making sense here. BUT, if they then issued a new contract, but failed to pay her in accordance with the old one, that would be subject to a new submission to the court, even though it is a related matter to the earlier claim?

 

On the issue of payment of the outstanding overtime, this is a financial sum which is due and they are refusing to pay. Therefore it would be pursued as an outstanding debt and the court would award as it decided.

 

Does this clarify it any further ?

 

Regards

 

Bugsley.

 

P.S. They have now issued a letter saying that the overtime was deemed to be required as part of her management responsibilities. This is totally incorrect because, 1. They have paid it previously so precedent is set 2. They issued a seperate letter saying they would pay it if had "supporting procedural and authorisation documentation" which it does and 3. Is it a reasonable condition of employment to expect a manager to be "on call" for a 100 hours a week, 6.30am to 10.30pm and weekends to "fill in" free of charge if other employees do not turn up for whatever reason.

Edited June 4, 2011 by bugsley

[AndyOrch]

Hi Bugsley

Digest here :-

Part 8 - Alternative Procedure for Claims

or you may consider this:-

Right to use one claim form to start two or more claims

 

Regards

 

Andy

[bugsley]

Thanks Andy.

As it happens, things have moved on somewhat.

She will be submitting her resignation is a day or two as events have moved on and there is little question that she has been treat very poorly and her position systematically undermined. She just cannot bear the thought of even seeing some of the directors now due to their actions.

The view is that she has a strong case for Wrongful Dismissal and regarding a Constructive Dismissal, we'll just have to fight the corner and see what the outcome is. It'll be a nasty and dirty challenge considering how her employer has treat her, but so be it.

Thanks for your support.

 

Not sure if this is the right place to ask so I might post somewhere else too, but do you know how to go about finding out if a particular individual is in prison or not or whether or not there might be a court case pending against them and where to find out about it. Reason for asking is that another ex employee who could provide some very useful information may have got into some criminal trouble with the employer, but certain information that he may have, and could come out in any court case, could be useful to her case so we are trying to track him down.

[AndyOrch]

Not sure about your second point perhaps a private eye:?:

 

RE unfair dismissal and resigning you are aware that under this government you now have to pay

to instigate an UFD claim.

 

Regards

 

Andy

[bugsley]

No, I wasn't aware they charged. What are the costs involved to instigate a tribunal claim now ?

[AndyOrch]

This government as just raised it to £1500.00:!:

[bugsley]

Presumably you can claim the cost back if you win or is it another stealth tax ?

[AndyOrch]

Not sure Bugs but would imagine so as part of your costs (if you win that is) not really my field

just something I was aware of and be wilded by.

 

Regards

 

Andy