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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48209
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I would like to take an ex employee to small claims court for

Resolved Question:

I would like to take an ex employee to small claims court for breaching his contract and resigning with only 2 days notice after working with the company for 4 years. We refused his resignation and asked him to work his contractual notice period of 6 weeks - he refused. The 'loss of earnings' is estimated at £1 296.00 with him leaving his notice period early.
Have we got a case to take him a small claims court and if so, can you suggest a template on how i file the claim with the courts / moneyclaim
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How do you justify these losses?
Customer: replied 2 years ago.

Hi Ben

This is a project income he would have attained. I averaged his sales from the previous 6 weeks to come to this figure.

Is there another route i can consider for this breach of contract?

Expert:  Ben Jones replied 2 years ago.
Do you know why he left without serving his notice period?
Customer: replied 2 years ago.

He got another job, that paid more money

Expert:  Ben Jones replied 2 years ago.
Hi, the employee would have acted in breach of contract if they did not work their contractual notice period and there was no justifiable reason for terminating their employment early. This could, for example, be a situation where you had acted in breach of contract first, bringing the contract to an early end, including any requirement by the employee to serve notice. However, this was not the case here as he simply left to go to another employer.
If you wanted to take the matter further you would need to show that you had suffered actual losses as a result of that breach, that these losses were reasonably foreseeable and that you had made attempts to try and mitigate these losses as best as you can.
You state that the losses are related to project income he would have attained but you would need to show that this is indeed a loss you incurred and that you could not have replaced him with anyone else you had on your books at the time, or indeed anyone new. For example, if there were other employees available at the time which could have taken on his duties in relation to this and continued the project then there is an argument you had not done all you can to try and minimise your losses. Similarly, if you could have employed someone at short notice to cover that work, again there could be an argument that you had not minimised your losses as best as you could have.
So this is what a court would be looking at. In any event, this is your only option of pursuing this further – it is a monetary losses for the actual losses you have suffered subject to the factors mentioned above. There is no template as such for this specific claim – you simply have to provide a brief history of this situation, state what you are claiming, how you got to that and why you are claiming it. It is then for the other party to provide a defence and challenge your allegations.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks
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