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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77845
Experience:  Qualified Solicitor
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Employment law, Bristol, Basically I left my employment in

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Employment law
JA: Where is this? It matters because laws vary by location.
Customer: Bristol
JA: What steps have been taken so far?
Customer: Basically I left my employment in February because my employer breached my contract. I did not give any notice. He wrote to me the following day and said that he accepted my resignation and reminded me that I owed him some money for a training agreement I signed (£1500). I responded saying that after he paid me my working hours for February and holiday pay he owed me I calculate that I would owe him just over £100. I asked him to let me know exact figure once he had ran the payroll at end of Feb. His next response was to send me an invoice for over £10K saying that he (The Director) had to work my notice period and that was what he was charging me. I spoke to ACAS and they advised mediation and this has been ongoing since beginning of February- they advised him to do a "Drop Hands Agreement" He refused and said if I take him to tribunal he will counter claim for the money I owe him for not working my notice and that if I don't go to tribunal he will raise a civil court case against me. ACAS advised me to seek free legal advice
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I think that is all the information
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 14 days ago.
ok

I understand your former employer has billed you for not working your notice. Please tell me how long you had worked there for?

Customer: replied 14 days ago.
15 months

Thank you, ***** ***** is your contractual notice please?

Customer: replied 14 days ago.
acas said i could claim for wrongful dismissal as he breached my contract by advising me that i would no longer be on a salary but would be paid a price work basis. he told me this verbally and said if i didnt like it theres the door. also throughout my employment he deducted £20 a day from my holiday pay. I was a supervisor and he said if I wasnt working then I wasnt supervising so he wouldnt pay me as much
Customer: replied 14 days ago.
one months notice

OK thank you. Please upload a copy of your contract on here

Customer: replied 14 days ago.
Ok I will just find it on my computer

Thanks

Customer: replied 14 days ago.
here it is- I am using my mother in laws computer

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.

Customer: replied 14 days ago.
ok thank you

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

There are a couple of ways you can try and approach this:

One is to argue that the employer’s initial breach of contract resulted in what is known as constructive dismissal, where you treat the whole contract as void and forces you to leave with immediate effect and without any notice. This would remove the need for you to have given notice as the whole contract would have become void and taken away with it the requirement to give notice on resignation. Not only that, but if the training repayment clause was part of that contract, and not defined as being severable from the contract, it could have become void with the whole contract as well.

The other approach is to argue that the director would not have needed to cover your work personally and they should have looked at a cheaper alternative, such as an agency worker or someone else employed there. Therefore the costs for cover would have been more reasonable and you would have only been liable for the difference between your normal pay that you would have received (the employer would have had to pay that to you anyway if you did not leave) and what they ended up paying your replacement. This is of course on the basis that the contract was still valid and not void due to the initial argument above.

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.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 13 days ago.
Thank you so much that has helped enormously

My pleasure

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