Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
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?
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.
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.
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