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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9806
Experience:  I have been practising for 30 years.
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Is it legal my ex employer to ask me by email to provide him

Resolved Question:

Is it legal my ex employer to ask me by email to provide him with my new adrress , so he can start court about money he belives that belong to him. I am woundering if it has to be done by his lawyer.
Also I have never had a signed agreement with him. I had acctual agreement with him based on our negotiation through emails. However he didn't keep to that.
Does he have right to have any financial claims.
Thank you in advance!
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

Hello can you explain the situation more fully and what is the money you are talking about?

Customer: replied 1 month ago.
Hello,
I worked without a signed contract, because the offer was different from our agreement before starting work.
The owner has paid me according his offer, which I was in agreement.
When I left the company I recalculated all my salaries (for 8 months) according to our agreement when we were in process of negotiation before starting work.
When I left the company
I recuested the payment from BSO to come to my account and I paid him his percentage according our aggreement, not he paid me according his contract offer.
Amount of money that he insists is around £5000.
Expert:  F E Smith replied 1 month ago.

Your ex-employer can ask whatever he likes but if he asks more than twice and you have already asked him to stop, that then becomes harassment which is a police matter. You are not under a duty to give a new address unless your contract says that you should in which case, if you don’t, you are just in breach of contract.

You say there was no contract between you in writing so there can be no agreement that you would give a forwarding address.

If you accepted that you owed this £5000, then it’s a different issue over whether the £5000 is in dispute. If for example he genuinely overpaid you over the last few months, to the tune of £5000 then there is no defence to keeping that money.

It seems however that you think he has paid you the correct amount of money and he thinks that he has paid you and incorrect amount of money and if that’s the case, then he’s going to have to take you to court and the judge will decide the askew.

Please don’t think that by not giving the employer your new address, you are off the hook. Your last known address is good enough for service of documents and unless your correspondence is redirected by Royal Mail, then you could end up with court proceedings and a County Court judgement at your old address, without even knowing about it.

. Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 1 month ago.
Can I answer him by email that I can share my address with his lawyer or with the court having a reference number, because I don't trust him
Expert:  F E Smith replied 1 month ago.

Yes, you can do any of that.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

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