Injury to feelings - can I claim

mickmog

I am taking my former boss to tribunal on Monday for breach of contract and the idea of mentioning injury to feelings has just arisen.

In a nutshell, after five months of working for him, he sent me an email saying he would have to serve notice as his wife had left him.

Then he did not answer any calls and broke every promise to call me back. It was a job at Director level on 40K+.

He then failed to pay into my pension - although he had promised to do this.

So, the tribunal is on Monday and he has, through ACAS, finally confirmed he will pay the missing pension.

My question is can I also ask for injury to feelings to be considered - the guy avoided every call and broke promises to write/call/email. As a result, I lost a lot of sleep and felt pressure and stress.

So, the Q is can injury to feelings be claimed in breach of contract cases - there is no element of discrimination.

Many thanks

iamana1ias

:rotfl: :rotfl:

Comedy gold

iamana1ias

mickmog wrote: »

I am taking my former boss to tribunal on Monday for breach of contract and the idea of mentioning injury to feelings has just arisen.

In a nutshell, after five months of working for him, he sent me an email saying he would have to serve notice as his wife had left him.

Then he did not answer any calls and broke every promise to call me back. It was a job at Director level on 40K+.

He then failed to pay into my pension - although he had promised to do this.

So, the tribunal is on Monday and he has, through ACAS, finally confirmed he will pay the missing pension.

My question is can I also ask for injury to feelings to be considered - the guy avoided every call and broke promises to write/call/email. As a result, I lost a lot of sleep and felt pressure and stress.

So, the Q is can injury to feelings be claimed in breach of contract cases - there is no element of discrimination.

Many thanks

Just incase the OP vanishes

no-oneknowsme

No , injury to feelings is only used in discrimination cases.

mickmog

no-oneknowsme wrote: »

No , injury to feelings is only used in discrimination cases.

I'd read mixed answers to this so thank you.

Will the tribunal give any consideration to the manner or the handling of the termination? Can stress which has been caused be considered at an ET?

zzzLazyDaisy

mickmog wrote: »

Will the tribunal give any consideration to the manner or the handling of the termination? Can stress which has been caused be considered at an ET?

You have said this is a breach of contract claim. This means that you are claiming for money that your employer should have paid you under your contract of employment, but failed to pay. This should have been itemised in your original claim, so you should know how much your claim is for.

Stress/distress/injury to feelings etc is only relevant in a discrimination claim. The tribunal have no power to consider this in any other circumstances apart from unlawful discrimination, and so is irrelevant to a breach of contract claim.

Also, as this is not an unfair dismissal claim, the manner and handling of the termination is also irrelevant.

CFC

And you wonder why you were fired from a 40k level director's job??
Loving it.

mickmog

CFC wrote: »

And you wonder why you were fired from a 40k level director's job??
Loving it.

I'm not really sure what you mean?

maninthestreet

Your boss sacked you becuase his wife left him? Please explain why.

Tankrizzo_2

Injury to feelings?:rotfl:

Grow a spine.

paulrn_2

i hope you do well in your claim then you can afford to have a pair implanted