Thank you. Yes it is a verbal agreement but the main issue with these is that it is basically your word against the employer’s. So even if you are in the right and the agreement reflects what you claim was agreed between you, there is no guarantee that if this goes to court it will believe you and take your side.
Saying that you should not be bullied into just paying up because of the threat of legal action. You could have as much a chance of winning as he would so there is certainly no guarantee that it will go in his favour.
The good thing about a potential claim here is that it will be below £10k which means it will go to the small claims court. Even if you were to lose, you will not be responsible for the other side’s legal costs. So if he had to use a solicitor to make the claim and get legal advice on it, if he wins he will have to pay these costs himself, you will not be responsible for them. So in the worst case you will have to pay the claim amount he is after but not his legal costs.
Unfortunately, there is nothing stopping him from making a claim in the first place if he wanted to so if that is the route he wants to follow then it is his right to do so. But as he will be making the claim he will need to prove that what he is claiming is correct and being a verbal agreement, that will not be easy because as mentioned it is just his word against yours. Hopefully the threat of court claim is just that – a threat and he will not go ahead with it, but if he does, which as mentioned he can, at least you will have the chance to put your side of the story forward and hope that the court believes the truth, which is your evidence.
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