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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50158
Experience:  Qualified Employment Solicitor
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I recently resigned from my employer and left employment.

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I recently resigned from my employer and left employment. The employer believed I had not given contractual notice of 3 months and is therefore contemplating suing me in the County Court. They also withheld my wages for the period of notice that I did work for which I have filed an unlawful deduction of wages claim in the employment tribunal. Their solicitors are aggressively trying to settle the ET claim but dont want to compromise their rights to bring a breach of contract claim against me for losses they claim to have suffered. These negotiations are being dealt with via ACAS, and I am not sure what is their motive for settling one aspect of the claim but not the other. They are obviously of the view that the breach of contract claim is worth several times more my unlawful deduction of wages claim. I wish to understand if a judgment in my favour on the ET claim prejudices their ability to bring a breach of contract claim against me in another court (on the basis of res judicata or estoppel). Also, are there any general considerations I should be aware of when dealing / settling with claims in ET and any against me in a related matter in the County Court.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. A successful judgment for the unpaid part of the notice period would not prejudice their right to claim for the losses suffered for the remainder of the notice period because these are essentially two separate claims. I also presume they simply wish to settle one part as they may believe that they do not wish to incur further fees defending what may not be a large claim and one which they are likely to lose, whilst reserving their rights to pursue you for the other claim, which they believe they have grounds to sue for. The main thing to watch out for is what you settle for – make sure that you are happy with the terms of any settlement so for example ensure that every aspect you are wishing to be compensated for is covered as once you settle it is unlikely you can go back and challenge them and ask them for more.

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

Customer: replied 1 year ago.
What about overlapping issue?. I believe the notice period was shorter than what the employer thinks it was. Although I reckon this is more for the county court to ponder on, is it the case that if an employment tribunals judgment comments on this day in my favour, that has the possibility of limiting the other party to be asserting something to the contrary.

I am really not confident that it would be affected - there are two separate causes of action here for each of you so whilst there is a common link in terms of them being triggered by the notice period, they are claiming entirely different things so that is why I believe a court is unlikely to apply res judicata or similar in these circumstances

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