Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you mean you wish to make the formal claim for the lower amount then just include the higher amount as a paragraph in the PofC, rather than the claim form?
Yes I will claim the lower amount but include the higher amount in the particulars only should it have to go to court will it give me the option to use the higher amount as the alternitve
can I do that
You could claim that in the alternative but the courts will only consider compensation based on what the actual and reasonable losses incurred were. Even if the contract allows you to pursue the full term's fees, this could be deemed unreasonable and even a penalty clause, if you did not suffer these losses and could have taken steps to mitigate them. Also the fact there was a notice period means that at any point they could have given you that notice to terminate and you would have only been entitled to the fees for that period, not the full term, which means that these are the realistic losses you could have expected from this arrangement. Still that is for the court to decide and it does not prevent you from claiming the higher amount now
the contract is a fixed term 12 months then the 12 week notice period. I know you have to prove the loss some judges ask for this and others say that the defendant agreed to that 12 month term and in the conditions it states can be claimed as compensation that's why I though to only claim the 12 weeks notice only but want the defendant and court to know this
ok In that case you would indeed try and claim for the initial 12 months as it was the minimum term and then the notice period on top but I would say this is probably the highest you may be able to claim, assuming no other losses were incurred
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks