Injury to feelings - can I claim

biggaz26

Man up!

Blame Blame Blame..

Dude you are getting whats owed to you...Dont push it!

OOOO he didnt reply to my text message, oooo he didnt answer my phone call....oooo he looked at my dog at a jaunty angle......

Grow a pair and move on!

G

cavework

'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.'

Rushes off to sue quite a few ex's

zzzLazyDaisy

mickmog wrote: »

I am taking my former boss to tribunal on Monday for breach of contract. 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. 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.

I have snipped the irrelevant parts from the original post.

From what you say, your employer paid your notice pay, so the only breach of contract claim was for the missing pension payments. The employer has now agreed to settle the case by paying the sum that you are claiming.

I do hope that you are not planning on continuing with the claim on Monday, as it appears to me that the employer has agreed to pay what you are asking for, and the tribunal are not going to take kindly to you wasting their time.

Uncertain

Obviously LazyDaisy gives the correct legal answer.

However, I have to say I have rather more sympathy for the OP than has been shown by some of the other mocking / insulting posts.

The OP's former employer has seemingly only agreed to pay what is owed having been served with a tribunal claim and, even then, almost on the steps of the court!

Why should somebody have to go to this trouble to get what they are legally entitled? Also, it IS stressful having to go through these procedures if you are not used to them.

In my view there should be an automatic penalty for this kind of behavior perhaps something like 2.5% per month.

biggaz26

Uncertain wrote: »

In my view there should be an automatic penalty for this kind of behavior perhaps something like 2.5% per month.

Do you know what...I dont actually disagree.

But the problem is, that the oooo he upset me so i must be due compo culture that has, is, and will continue to develope in the UK is bleeding everyone dry.

People everywhere seem to want a free ride from everyone else...just because Im entitled to it.

Its not about what you can do legally but what you morally should do...Op is getting the money and maybe should get a little interest payment for the delay, but to claim that they have had their 'feelings hurt' because soemone wouldnt answer the phone is rediculous.

When I was playing football on saturday someone called me a 'fat !!!!!!!' which if im honest hurt my feelings but im not going to sue him....Mainly because its true but thats not the point.

G

hartcjhart

maninthestreet wrote: »

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

perhaps the OP and her were getting jiggy:eek:

KKKKP

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

im not sure but i think you can say it was victamision which you normally get award more if yo uwin. i took my complaint to the employment tribunal and i did not even have a solicitor. i was awarded over a rape comment by a manager, put it under sexual harrassment. all yo uneed is a ET1 form, fill it in but make sure you send it within 3 months of the incident. mine was late but the lovely Judge let it through.. dont let managers get away with thing. you can get on eof these on the directgov website. Hope it helps.. Do it!!

williacg

KKKKP wrote: »

im not sure but i think you can say it was victamision which you normally get award more if yo uwin. i took my complaint to the employment tribunal and i did not even have a solicitor. i was awarded over a rape comment by a manager, put it under sexual harrassment. all yo uneed is a ET1 form, fill it in but make sure you send it within 3 months of the incident. mine was late but the lovely Judge let it through.. dont let managers get away with thing. you can get on eof these on the directgov website. Hope it helps.. Do it!!

Excuse my ignorance, but how can the OPs situation be regarded as victimisation?

Uncertain

biggaz26 wrote: »

Do you know what...I dont actually disagree.

But the problem is, that the oooo he upset me so i must be due compo culture that has, is, and will continue to develope in the UK is bleeding everyone dry.

I think we are on the same wavelength.

In my view deliberately stringing out a valid claim to avoid paying for as long as possible (or at all) is just as morally reprehensible as the attitude of "looking for a cable to trip over then sue"!

Sadly, time and time again we read on this forum about solicitors behaving in an appalling way. For example threats about costs are standard practice even when there is no realistic chance of them being awarded.

The whole business needs a serious shake up. It needs to give the justly aggrieved a quick and economical route to fair recompense yet protect the innocent from unfounded claims.

We are a long way from that ideal at the moment!

Googlewhacker

Uncertain wrote: »

I think we are on the same wavelength.

In my view deliberately stringing out a valid claim to avoid paying for as long as possible (or at all) is just as morally reprehensible as the attitude of "looking for a cable to trip over then sue"!

Sadly, time and time again we read on this forum about solicitors behaving in an appalling way. For example threats about costs are standard practice even when there is no realistic chance of them being awarded.

The whole business needs a serious shake up. It needs to give the justly aggrieved a quick and economical route to fair recompense yet protect the innocent from unfounded claims.

We are a long way from that ideal at the moment!

Hear here!