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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47917
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Of People for a multi-site leisure company. An employee at

Resolved Question:

I am Head of People for a multi-site leisure company. An employee at one site recently resigned from his permanent full-time contract as fitness instructor. He also earned additional hours on a casual basis teaching fitness classes. He did not hold any casual agreement or zero hours contract - these were overtime hours as needed.
After resigning he asked to maintain his overtime hours as a casual worker and his General Manager told him thanks, ***** ***** thanks - he had enough casual staff.
The employee has now lodged a case against the general manager (not the company) in the small claims court for loss of earnings worth £1100 which he states he would have earned between leaving and the date of his claim.
Does this claim hold any water? The GM is beside himself with worry and there seems little we can do about it.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

Were these overtime hours always consistently given to him?

Customer: replied 1 month ago.
No. They were very much 'as-and-when', rather than rostered, regular hours.
Customer: replied 1 month ago.
Hi.
I'm just following up on this as I need to get moving to support our GM. Can he be found personally liable for something very much work oriented?
Expert:  Ben Jones replied 1 month ago.

Hi there, apologies for the delay in replying, I was away at the weekend and have only just returned, hope this still finds you in good time. I very much fail to see how this person can have any legitimate claim against the GM. First of all there must have been a breach of contract for this to happen. This does not appear to be the case here as these were hours which were not guaranteed in any way, not due under contract or rostered and were always worked on an ad-hoc basis. Secondly, I do not see how this claim can be made against the GM personally - if anything it should have been made against the company because the contractual relationship is between the employee and the company, not the GM. So he has been picked as the respondent in error and should not be answering this claim. Ideally he needs to raise this issue with the court and advise them that this claim has no reasonable prospects of success because it has been made against a prty which has no contractual relationship with the claimant and as such there can be no claim against them in the first place, hence why it should actually be struck out. But even if the claim was to proceed to give the parties a chance to argue their case, legally I find it very difficult to see how they would have a valid claim in these circumstances so I am positive that it will not succeed in the end.

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Expert:  Ben Jones replied 1 month ago.

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Expert:  Ben Jones replied 1 month ago.

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