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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47366
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have left the employment at an events company and received

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I have left the employment at an events company and received an email from my former boss using language of breach of contract. Her email was in response to mine where I contested her docking half a days pay for my being out of the office sick for half a day (at her suggestion). She has read through my old work account emails and has seen that I had been in communication with two employees at a friend's business where I offered to help them understand the events business. At the time the business was only involved in ticketing and one of the employees was studying event management and I offered to help her understand the industry. Should I get a lawyer involved before I respond to her email which ends with, "The above conduct, at the very best, doesn’t sit well with me. At worst you are in breach of contract. I expect to receive a reasonable explanation."
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 11 months ago.
Hi Ben.
Customer: replied 11 months ago.
Let me know if you need more detail?
Expert:  Ben Jones replied 11 months ago.

Hi there. What does the contract say regarding the conduct of business, outside of your place of employment? Also, what did your employer say in relation to the deducted wages?

Customer: replied 11 months ago.
Should I send you the contract? Her response to the payroll question was "Let me check with payroll and get back to you on your query about sick pay". This is her email:Dear Celia,
Let me check with payroll and come back to you on your query about sick pay.
On a separate note, may I ask who Phillipa Hicks and Jessica Mawson are and how they are related to the interests of Green & Pleasant as a business?
I see that over the last few months, you had shared with them quite a number of supplier/ event invitations which were intended for Green & Pleasant/ you in the capacity as an employee of my company. Some of those invitations also stipulated that they were intended expressly for the named recipient/ company only.
You did this without my knowledge or permission and also, on several occasions, without sharing those same invitations with your own team.
Having seen the online profiles of those individuals, I see they are competitors of Green & Pleasant as organisers of incentives.
It also appears that you had either planned to or in fact offered mentoring/ industry advice to the more junior of the two in exchange for lunch- again without consent from me as your boss. In turn, you offered little or no mentoring to your own junior team.
It also appears you had intended to meet up at The Meeting Show (in office time) on one of the days I was on holiday in France and when we had the conversation about needing you in the office when we had crucial business related matters to attend to such as invoicing one of our biggest clients. You argued instead that you wanted to go to that show to ‘say hi to’ a supplier (Therese Holmstrup).
I wasn’t going to bring this up, as you say, for the purposes of remaining positive, but in light of your protest about sick pay, perhaps it will help you see why I am a little reluctant to provide you with any more benefits than I absolutely have to.
The above conduct, at the very best, doesn’t sit well with me. At worst you are in breach of contract. I expect to receive a reasonable explanation.
Expert:  Ben Jones replied 11 months ago.

Thank you for your response. Yes, please do send me a copy of the contract. I will then review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 11 months ago.
Contract attached - thank you. I look forward to your email.
Expert:  Ben Jones replied 11 months ago.

Many thanks

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. There is a potential breach of contract under clauses 15 and 18, if you had disclosed confidential information about the company without their permission, or acted in a way that would prejudice the working relationship between you and the company. However, being in breach of contract is certainly not as easy as the company claiming that and taking you to court or penalising you in some other way. In a breach of contract claim the wronged party must be able to show that they had suffered losses as a result of the breach. They can only pursue you for actual losses they had incurred because of your actions. So for example if you had shared confidential information about the business operations to a competitor and as a result the company had lost business, suppliers, clients, etc – they could potentially consider pursuing you further for this. However, they must have evidence that this had happened because they are making the claim and they must convince a court that what they are trying to claim for has actually happened. In the circumstances that appears unlikely. I understand she may be upset about your actions and may demand an explanation (which you do not have to provide, but may wish to do so to try and improve relations and set the record straight) but that does not mean she can just go ahead and take legal action.

So you do not need a solicitor at this stage. Perhaps consider dropping the sick pay issue just to ensure you do not give her reasons to be difficult and hopefully she will just drop this and allow you to move on.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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