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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50518
Experience:  Qualified Solicitor
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My Husband has unwillingly been caught up in a law suit

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My Husband has unwillingly been caught up in a nasty law suit between his previous employer and his current one, he hasn't done anything wrong and we have proof of such however he is being named as a respondent on the court papers along with Managers and the company itself. Nobody has explained why he has been singled out (he is a fairly junior member of staff) however we are concerned that he is going to be expected to pay towards any fines. He has since been "made redundant" by the new company so he now wants nothing more to do with them and the court case, where does he stand please? We have sent a letter to court and the Applicants' solicitor to explain his situation and request for his name to be removed from the paperwork, as well as including proof which will clear him from any allegations.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What has he been accused of and what is the claim for exactly?

Customer: replied 1 month ago.
Hello. His previous company have accused him of providing log in details for his old company's database to his new employer however this isn't true. The new employer actually worked with him at his old company and decided to leave and start his own company, he then asked my Husband to go with him. Shortly afterwards he was accused of sending confidential information to his new Manager but there is no proof at all.
Customer: replied 1 month ago.
I have attached a letter which we have sent to the court and the other side's solicitor.
Customer: replied 1 month ago.
They are claiming for costs amounting to £30,000 in total to be met by the respondents. He has also been restricted from speaking to thousands of clients and nurses in the healthcare industry which has directly affected him whilst looking for another job, he has had to look outside of the industry. We also believe we have another case against the new employer Unified Medical for unlawful dismissal, he and 15 others were asked to leave with immediate effect due to the company ceasing to exist however we have since found that it has continued with four employees. My husband has been left with no job and an ongoing court case against him.

How long did he work for the new company?

Customer: replied 1 month ago.
6 weeks in total.

Thank you. He cannot claim for unfair dismissal because he needs to have been there for at least 2 years, which he had not. He can potentially claim for his notice period, if he was not given one, and that would be either the contractual notice period due to him or 1 week, whichever is greater.

In terms of the court claim against him, if they believe that he was personally involved in this, there is nothing stopping them from including him in the claim. You can of course request for him to be removed, if you do not believe he has a case to answer, but you cannot force them to do so. If they refuse, the matter rests entirely with the court and you would have to ask them to do this. Any evidence you have will help to support your request, but if the court also decides not to remove him, he will have to defend himself in court and still use that evidence as necessary.

What you can say to the other side’s solicitors is that by leaving him as a respondent, they are pursuing a claim which has no reasonable prospects of success and if they continue with it and lose, which is likely, you will seek to recover any costs incurred in defending it. If they do not remove him, he should approach the court to request that they order that.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you. He was not given any notice at all, just "give us back your phone and laptops, you now no longer have a job".With regards ***** ***** rest of your answer, we have already requested for him to be removed and have sent letters to the other side's solicitors and also sent a copy to the court so it sounds as though we are doing the right thing.Thank you for your advice, I will leave a rating for you now.

many thanks. If he wanted to pursue them for the notice period owed he can do so in the employment tribunal for free.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####