Re: Out Of Court Agreement...


"David" <NUFFSNUFF@xxxxxxx> wrote in message
news:cd18be70-ad81-4e3d-b250-62bb64731183@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
On 3 Dec, 15:45, "M.I.5 3/4" <no....@xxxxxxxxxxxxxxxxxxxxxx> wrote:
"David" <NUFFSN...@xxxxxxx> wrote in message

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On 2 Dec, 23:45, Alex Threlfall <a...@xxxxxxxxxxxxxxxxxxxx> wrote:
In article <3BE4j.818$Hc3....@xxxxxxxxxxxxxxxxxxxx>,
the.kontamina...@xxxxxxxxxxxx says...

What's the best course of action in offering/resolving a legal
dispute
outside of the courts. By this I mean, getting the company trying to
take me to court to agree not to take such action in an official
capacity?

I walked out of job, they claim I owe them for the 'extra' money
they
had to pay out for a contractor to cover my 'statutory notice'
period.

They owe me unpaid holiday, unpaid work and expenses, as well as
failing
to issue me with a P45 nearly 4 months after I quit, they also never
issued a statement of particulars in the 5 months I worked there.

My idea is to get them to basically admit they owe me, I'll admit I
owe
them and they pay me the amount they owe (as what they owe me is
greater
than what I apparently owe them).

What is the best way to do this, and is there any kind of standard
legal
documents I could research?

Thanks.

If they never issued any particulars (or contract) then they can't
expect you to be bound by them, and your holiday and expenses are hard
for them to defend in court for failing to pay them. IMHO you've got
em
over a barrel as it is, and you'd be best off pushing them to cough up
everything they owe you and not paying them a penny for this
"contractor" who you have no proof they even bothered to employ.

The minimum legal notice period to be given by an employer is:
* one week's notice if the employee has been employed by the employer
continuously for one month or more, but for less than two years

They'd have to prove you didn't give them any notice, which you could
always counter with saying you gave notice verbally.

--
Alex Threlfall
Cyberprog New Mediawww.cyberprog.net-Hide quoted text -

- Show quoted text -

Contrary to some of the views expressed here, irrespective of whether
they issued you with contractual terms, a default, 'statutory' notice
period of one week applies to the employee after one month's
continuous employment and if you broke your side of the contract by
walking out in theory they can sue you for any additional expense this
put them to - BUT if there wasn't any in actuality they CAN'T sue you
for the amount of a week's pay. They'll have to provide proof [ eg.,
in the form of certified copies of duly paid invoices] that they
actually needed to go to this expense as a result of your walking-out
and actually and directly incurred it.

Most firms don't bother enforcing this, because the hassle and legal
costs usually outweigh any possible damages recoverable and your
employers are either bluffing or being somewhat harsh and vindictive.

The issue of unpaid holidays etc ought to be treated as an entirely
separate matter and it's unlawful for them not to pay you wages owed
for example outstanding holidays.

But you might place on record a counter-offer to the efffect that they
might regard [and pay you for] one week of your outstanding holidays
as your notice period - they can probable justifiable refuse to do
this on the grounds of 'not properly notified/agreed at the time'.

Moreover, was there any unreasonable action on the employers part that
provoked your walking-out ? - if so, you might argue that the employer
too was in breach of the employment contract [eg., often, the 'mutual
trust and confidence' bit] and that you had no option but to resign
with immediate effect [aka 'constructive dismissal]

Unfortunately, constructive dismissal cannot be pursued these days unless
and until the company's formal grievance procedure has been fully
exhausted
including any and all appeals processes. Simply resigning with immediate
effect is no longer constuctive dismissal (and was always very difficult
to
enforce when it was).- Hide quoted text -

- Show quoted text -

Yes: fully understood about statutory GPs, but was talking
*wrongful* dismissal, which is a contractual issue for the ordinary
civil courts, on both sides of the contract, and nothing much to do
with *unfair* dismissal issues and their admissibility at Tribunals.

Ah my fault then. I interpreted "... [aka 'constructive dismissal]" as
meaning 'constructive dismissal'. Careless of me.


.

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