Hi, they believe I have affirmed the breach by not asking for the outstanding amount earlier.
Also, am I allowed to use highlighter pen on copies of documents submitted to the other side and to the court, or should I leave them unmarked?
Thank you for your assistance.
FAO Ben Jones
I am trying to calculate the daily rate of holiday pay from my contract of employment.
There are 2 clauses in the contract relating to holiday pay in the contract, one relating to holiday pay when in employment and one relating to holiday pay on termination of employment.
The first clause states that holiday pay is based on the calculation of annual salary based upon the aggregate of the last 2 months basic salary pay (I had 2 levels of basic salary based on whether I hit monthly sales target). I am arguing that the daily rate should be based on the number of working days in the year, not calendar days,and is 233 as opposed to 365. Is this correct and will I need to show supporting evidence in case law to the court?
With regard to holiday pay on termination clause it states that the calculation method is based on annual salary(not basic annual salary) divided by 365 days. However, My former employer argues that they will also base the holiday pay outstanding upon the aggregate past 2 months basic salary to calculate the annual salary figure divided by 365 days, but I would like to argue that the annual salary should be calculated at the higher rate basic salary plus commission. Does this argument have merit? I believe that the employer is construing this vague clause in its favour so it pays me as little as possible.
Also, does holiday pay on termination mean holiday pay on termination of employment contract, or upon leaving employment. I am arguing that as I have not been paid my contractual payment in lieu, my employment has not been effectively terminated (geys v societe generale) and the employer is in breach.
Hi, I'm due to exchange witness statements on Friday, but have just heard from the defendant's solicitor to say that his clients witness, an HR manager who will be giving a statement on behalf of the company cannot submit statement on time due to unforeseen circumstances, and he is hoping to get the statement in the feasible future, as he does not know when she the party will be returning to work The other side is a large corporate with several HR managers; this appears totally unacceptable to me, the court order says that if statements are not submitted in time the party may be prohibited from calling the evidence. Also the company was 11 days late with the exchange of its bundle for no valid reason. Can I make an application for the evidence to be struck out or do I wait nearer to the hearing on 4 march, is there a form I should use? This is a small claims matter.
Thank you for your assistance
Thank you, ***** ***** a format I need to use if i apply to the court to have it struck out, or do I just send an email to the judge?
Hi, can the Defendant refer to my bundle in its witness statement even though we haven't agreed a joint bundle? Can the judge order me to agree a joint bundle? Can I ask the defendant to exclude a document if I believe it is not relevant 3 weeks before the hearing Also, the defendant has recently sent an offer letter to settle saying that he will refer to the letter in court - I've rejected the offer. Is he allowed to do this if the letter is not in his bundle? The case is in the small claims court.
I'm due to go to court on Friday for a small claims case. Will I get my court fee and hearing fee refunded if I win part of my case. Does it matter that the defendant made an offer in full and final settlement that I have rejected because it is only 20% of the claim. Thank you for your assistance.