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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75995
Experience:  Qualified Employment Solicitor
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I left my previous employer informally without notice. I

Customer Question

I left my previous employer informally without notice. I returned their company properties/refunds or items relating to my role. This was all around August 2021. Over 3 months ago. They explicitly stated they want to leave on cordial terms and wish to suspend any action against me legally.Now after 3 months still chasing me for the company expenses I owed them which I did pay off. They stated "they reserve the right to still take action against me." My questions, is if it was explicity stated they will not take action against me, how on earth do they reserve the right then?
Submitted: 13 days ago.
Category: Employment Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 13 days ago.

Was a formal agreement reached where they said they will not take this further? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 13 days ago.
Ofcourse, I have this written black and white that they will not take action further on the basis I return all the items and expenses related to my employment. Which I did so.
Customer: replied 13 days ago.
a formal was set in agreement over email yes
Customer: replied 13 days ago.
formal agreement*
Expert:  Ben Jones replied 13 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

Can I check if this formal agreement was a settlement agreement, signed off by a solicitor who gave you advice over it?

Customer: replied 13 days ago.
No. It was just an email stating directing from the employers he wishes not to pursue legal action
Expert:  Ben Jones replied 13 days ago.

Thanks and finally did you have to do anything in return for them not taking action at the time?

Customer: replied 13 days ago.
it was items to do with property management and awaiting on refunds to come into my account to then pass onto them which took time. But everything phyiscal was returned promptly which they acknowledged
Expert:  Ben Jones replied 13 days ago.

ok thank you. Whilst I appreciate they said they will not be taking this further at the time, that does not have any legally binding effect and they can still make a claim regardless. Had it been part of a formal settlement agreement, it would have created a formal and legally binding contract between you but this is not the case here. So despite their promises, a claim is still possible if they really wanted to take it that far.

However, making a claim does not mean they will be successful, especially if you believe that they have no grounds for pursuing it, i.e. you have returned whatever they will be claiming for. It could be that this is just an empty threat and only time will tell, but the main point is that they can still make the claim if they decide to do so and their previous statement will not prevent that.

Expert:  Ben Jones replied 13 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 13 days ago.
Thank you so much, i learnt alot
Expert:  Ben Jones replied 13 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best