Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
What is your specific question about this?
My employer thinks i have breached a cots agreement.
an email was sent about the issue and two people were copied in, my defense is that these people were part of the trade union that negociated the agreement
can you tell me what is likely to happen
hi you there
OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
okay thank you
Many thanks for your patience. Whilst the employer may be saying you have breached the COT3, this is just their allegation and they need to prove this was the case if they wanted to take this any further. A breach of a COT3 is a breach of contract so they would have to take you to court in order to prove that you had indeed breached the conditions of the agreement, that they have suffered losses as a result and to seek compensation for these losses. This could also include rescinding the original agreement and seeking repayment for any compensation paid out. Whatever happens it is for the employer to prove all of the above - it is their claim and as such the burden of proof is on them. If they cannot prove anything then they will not be able to pursue anything from you and things will remain as they stood following the completion of the agreement. As such, all you can do at present is to see where the employer takes this - they could be blowing a lot of hot air at present and just threaten you without dong anything formal about this. However, there is nothing stopping them from taking this to court but as mentioned it is for them to prove you had acted in breach. In the meantime you can also ask them for evidence of what the alleged breach is and state that you will vigorously defend any false allegations made against you
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much