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Buachaill, Barrister
Category: Law
Satisfied Customers: 10983
Experience:  Barrister 17 years experience
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Im in the middle of a dispute with my ex-employer over unpaid

Customer Question

I'm in the middle of a dispute with my ex-employer over unpaid wages and we are due in court. In various correspondence with the Defendant they simply claim their paperwork does not match with my statments. In their official written defence it is stated that:

"Unable to admit or deny the claim... as it is not fully particularised. Insufficient information has been provided... to identify the proper basis of the claim..."

Q: Is this like the police officers statment upon arrest ("something you later rely on in court") whereby they -have- to offer all primary arguments for Denfence in the written document, or could they, at the last minute, change their defence to "we dispute the work was compleated"?

Context: I have copies of all disputed invoices and additional documentation in support of my scheduled hours during the period in question; and copies are in the bundles.

Many thanks for your time.
Submitted: 4 years ago.
Category: Law
Expert:  Jenny replied 4 years ago.

taratill : Hello my name is XXXXX XXXXX I am happy to help you. Is the claim in the Employment Tribunal or County Court?
JACUSTOMER-3qt0tkg2- : County Court, and I am a litigant in person (if not already obvious!) It was submitted as a Smal Claim but was scheduled as Fast Track FYI.
taratill :

Hi I am experienced in employment tribunal not county court procedures so will opt out. You do not need to respond you will receive an email when someone else picks it up.

Expert:  Nicola-mod replied 4 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.
Yes I am happy to wait for an answer. Do I need to resubmit or do I just wait for another professional? Thanks.
Expert:  Nicola-mod replied 4 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  Buachaill replied 4 years ago.
1. when a barrister or solicitor pleads that the case has not been "sufficiently particularised" this is shorthand for saying that not enough detail has been provided in the Points of Claim to enable the Defence to deal with the allegations. Essentially, what you should do is serve a Notice of "Further and Better Particulars of Claim" in which you set out the detail of the wages sought in your claim showing how they relate to your employment contract, the days worked, the hours worked, what was done and how the sums claimed are calculated. This essentially is the detail of the claim for the money owed so as to enable the other side to set out full particulars of their defence. so you should act now to do this as otherwise you might find costs of any hearing will be awarded against you. Once you serve better Particulars of your claim, then you can ask for a full and proper defence.
2. Be aware that after you serve better particulars of your claim, it is still open to the other side to refute that the monies are owed to simply to state that part of the monies are owed but not the remainder. However, given that they merely state you haven't fully particularised your claim, it appears that they take the view that you have a claim. This is very different to an outright denial of any liability.
Customer: replied 4 years ago.
I did try to submit a new Particulars but the Defendant's solicitors said they refused to accept it. Could this indicate that my claim is sound and they wanted some kind of safety net by it not being accepted? And if so, is there anything I can do to protect myself?

Should I still follow your above advice?
Expert:  Buachaill replied 4 years ago.
3. In strict point of law, you need to extend the time to submit new particulars. The Defendant's solicitors are merely being difficult in not accepting and attempting to take advantage of the fact you are a lay litigant and if you successfully amend your claim, it will be successful. So seek the leave of the court to admit further and better particulars of your claim. So write a new letter to them and state that you will bring a court application to allow you admit new particulars.