Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Were you paid your contractual notice period?
Thanks for getting back to me. Claiming misrepresentation in these circumstances could be rather difficult. Even if the job was misrepresented, the employer would have had the contractual and legal right to terminate your employment early. As you are aware you cannot claim unfair dismissal and contractually they have met their obligations by issuing you with the required notice period on termination.
If you did want to take this further then the claim would be initiated in the county court and you would be seeking damages such as loss of earnings resulting from this.
Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
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Not giving you notice in writing when required to do so is a likely breach but the losses you are entitled from that are just the notice period pay – you cannot penalise them instead. You would be claiming on losses from job you left, but remembering you have a duty to minimise these, so looking for a new job ASAP and if you find one – deducting this pay from what you are claiming