Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did your contract state that the restrictions could be treated as a severable clause of the contract?
Yes i think so, under the dismissal section it states, the company shall be entitled to terminate the employment...if he employee shall commit any serious or persistant breaches
Do you have the exact wording of this by any chance?
Have you received the scanned pages ok
Thanks, ***** ***** see such a clause in there so this would not be an issue in your circumstances. So you are correct that the employer may not be able to rely on the restrictive covenants clauses that are contained in your contract if they had themselves acted in breach of contract first. In these circumstances the whole contract may become void and take with it all clauses contained within it, including the restrictions. The Breach by the employer has to be material though, it cannot just be a trivial matter. However, deduction of wages is a serious issue so it could easily qualify. Assuming the employer has failed to discharge their duties under the contract and pay you as per its terms, then it could make the whole contract void. Please note that this does not stop the employer from making a claim against you in the first place – they can still do that. It just means that it would then be for the court to decide whether they are able to pursue this or your argument as above would stand.
so before paying for legal advice as i have been advised by my ex employer, should i just wait to see if a clam is submitted. Could this a counter claim to my claim which the hearing is set for 10th October
you do not need legal advice for now, until a formal claim has been made this will just be a threat, which may not proceed any further. But they could make a counter-claim to your and the two will be considered together
will i be informed of the counter claim prior to the hearing date and could this delay the hearing further
yes you will be informed and it could postpone the current hearing to allow the two to be consolidated
One last question, should i have signed each page of the contract, as i believe it may have been changed , i was not issued a contract copy at the time of signing and didnt receive one until after the wage dispute had taken place ( i requested it a number of times)
No, there is certainly no legal requirement to sign each page of the contract, this is not commonly done in employment situations. Whether this was varied or not is a quesiton of fact that will be examined by asking the parties in court and it will eventually decide who is more likely to be telling the truth
ok but the page i signed does not state anywhere that it is connected to the contract - its just a blank sheet of paper with employee signature and date and employer signature and date. Is this ok
if it was issued at the time then yes it can be ok
ok, Thank you for your advice,
you are most welcome
How do i rate your advice, the rating section is greyed out
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