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Dear X

 

I am acting as lay representative for xxx. I refer to your letter dated xxx.

 

[only include bits in square brackets if they are a road you are going down.]

 

We do not believe that xxxx is liable to your client for the amounts claimed or at all. [it is our position that your client accepted xxx's immediate resignation on xxxx.][it is our position that your client was in repudiatory breach of contract due to xxx which xxx accepted, thus bringing the contract of employment to an end.] [The contract of employment does not clearly refer to liability on account of agency costs.]

 

Please also be aware that xxx was unable to work during the six week period for medical reasons, due to xxx. Please find enclosed select documentation in support of this. Your client would have incurred agency costs regardless and consequently there is no loss for it to pursue. Furthermore, if it is your client's position that the contract of employment continued for a six week notice period and the court agrees, your client would be liable to xxx for at least statutory sick pay during that period.

 

In relation to the figures mentioned in your letter, these do not add up due to xxx. Further proof of xxx is required due to xxxx. Pursuant to paragraph 5.1 of Annex A of the Practice Direction on Pre-Action Conduct, if your client wishes to pursue this matter you are required to provide such documents within as short a time period as is practicable.

 

For these reasons, the claim made by your client is not accepted. If your client chooses to bring proceedings they will be vigorously contested. xxx reserves the right to bring a counterclaim for unpaid pay of xxx and/or sick pay during the six week period.

 

Yours sincerely

xxx

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Oh thank you both so much, your input will make it much easier for me to word now, really appreciate your time.

 

Agreed, some people give too much information away, on a personal and business level, I'm a huge offender!

 

Thanks again

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Does this look okay? Looks a bit rude to me, but trying desperately not to waffle or give anything away I cant go back on as Sweetlorraine suggested.

 

 

I am currently acting as lay representative for ****

In response to your letter dated 14/03/2014, we do not believe **** has any liabilities to your client for the amount stated, or at all.

 

 

The contract of employment does not clearly refer to liability on account of agency staff costs.

***** was declared unfit for work by her GP, therefore unable to work the 6 weeks notice period. **** remained unfit for work until 1st March 2014.

 

 

 

Information required

 

 

Explain the figures in your letter as they don’t add up.

Substantiate losses and provide proof.

 

 

If your client chooses to bring proceedings, they will be vigorously contested and *** ** reserves the right to bring a counterclaim for unpaid pay and holiday pay. Once I have received the requested documents, I will forward to you, all documents we intend to rely on in court.

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I think you should remove the last sentence. The CPR encourages disclosure of essential documents by each side before proceedings are issued, but you shouldn't be undertaking to provide all documents you intend to rely on in court at this early stage. This comes later if proceedings are brought.

 

I would add something like 'and accordingly your client did not suffer any loss as a result of xxx's resignation.' after '1st March 2014'.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Um, after removing last sentence, and adding as suggested above, should I add, enclosed is the medical certs covering the 6 weeks relevant period, and list employment contract, letters between the parties as docs to rely on court, or do I send some of them now, maybe just the correspondence during the first 2 months

Sorry, bit confussed,

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Save it until you reach the disclosure stage of court proceedings. Before proceedings have been issued there is no requirement to provide any documents. Despite their very broadly worded request, it is not normal to provide everything you might want to rely on before proceedings have been issued.

 

I would probably provide the medical certificates, providing the certificates clearly show that she was unable to work during that six weeks. If they don't clearly show this then I would keep my power dry and simply not provide any documents at all.

 

Certainly no need to provide the letters or employment contracts or letters as they already have these.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Medical certificates are clear, so I will send those, 2 x each for 4 weeks

 

Glad you clarified the documents issue, I was concerned as solicitors did state in their letter to send documents with the full response, so thanks for that.

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  • 5 weeks later...

If you have already replied clearly setting out why you deny liability, and retained a copy, then probably not necessary to provide the same information again. It is looking like they will go ahead and issue a claim so you need to be prepared for that.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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crossing my fingers it's posturing. You've already replied, of she intended to go to court, why would she be delaying?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks Emmzzi, that's what we're thinking, she's said at least a dozen times she'll take it to court, just get on with it and let's get it over one way or the other.

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  • 2 months later...
  • 6 months later...

A year on and heard nothing more. Hoping that's the end of it, but will update in the unlikely event of anything further.

Many many thanks for all who offered advice ate he time.

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