Employer taking me to court for no notice

embob74

Mistral001 wrote: »

One option is swallow your pride, go to your ex-employer and apologise for leaving them in the lurch.
Before going, work out in detail what the cost to the employer was ie. number of hours not worked in the notice period times the difference between your wages and the wages of the replacement staff. If it was 50 hours for instance and the replacement staff were paid £8 per hour and you £6 per hour, then as far as I can see they will want £100. One thing NOT to do is to loose your temper and start bringing up grievences with them.
Consider paying them right there and then as you will get only one bite of the cherry so to speak to do a deal. Consider offering to meet them half way.
If they refuse point blank to do anything, it means that you will have to wait for the solicitor's letter that might or might not come, but you will have to do that anyway won't you?

I'm afraid I think the time has passed in which an amicable agreement could be reached. I left 15th June and did not get paid as I was supposed to on the 29th for the work I carried out in May (the pay date was actually supposed to be 22nd June but they had changed that without notice). I phoned and was told it was because I hadn't returned their t-shirt which I subsequently did.
I don't believe the employer is actually out of pocket for the 3 shifts I did not do as her husband works there and could easily have done those shifts. I believe they were going to keep my wages and because I pointed out they legally could not they are being malicious in threatening legal action for costs incurred.

embob74

SarEl wrote: »

Sorry, but quite apart from the fact that you cannot simply resign and claim constructive dismissal - you must go through the grievance procedure - if this is the basis of the discrimination you are claiming they will rip you to shreds. And even if you had a case for discrimination, which it would appear you do not - that does not mean they cannot sue you for breach of contract. Although I will warn you - if you attempt a tribunal claim on the basis of what you have said here they will almost certainly go after you for costs, and they might just win.
Personally, I think they ae bluffing. But I won't have to put my money where my mouth is and you may.

I understood that a court case allows a defence to be put forward - are you saying this does not apply where an employer chases costs?!

yvonne13_2

I hope this gets resolved quickly for you, you don't need this added stress on top of your pregnancy.

Mistral001

embob74 wrote: »

I'm afraid I think the time has passed in which an amicable ..........

I believe they were going to keep my wages and because I pointed out they legally could not they are being malicious in threatening legal action for costs incurred.

Threatening legal action goes on all the time it is not in itself malicious, but nothing that any lawyer or judge would think of as malicious. I certain think that this employer is behaving in a pretty nasty way in your condition from what you have told us. But whether that means anything with regard to the law is a different matter.

Perhaps a visit to the Citizens Advice would help you. There they will listen sympathetically to you and maybe point you in the right direction.

SarEl

embob74 wrote: »

I understood that a court case allows a defence to be put forward - are you saying this does not apply where an employer chases costs?!

In relation to the alleged debt - it either exists or not. The only defence is that your do not owe the money. Reasons why you think you were justified in leaving without notice are not relevant and not a defence.


In relation to a claim of constructive dismissal - they didn't do anything unlawful! Changing the calendar that they kept shifts on isn't unlawful. Nor is reducing your shifts within your contractual terms. Your were not called to a disciplinary and no disciplinary action was taken - so what was said in a letter in response to a compliant that was made is evidence of nothingexcept that the employer doesn't always tell their clients the truth! Grounds such as these would be considered frivolous - you bring a claim and you must prove what you claim. You can't prove they have done anything - because they haven't! I am sorry but your evidence is actually evidence of nothing - to say nothing of the fact that there is still the question of how you obtained it, which you didn't answer (but you did say it was hidden!). You quit without going through the formal grievance procedure - faliure to do this means you have no chance of a case winning.

Hammyman

embob74 wrote: »

I understood that a court case allows a defence to be put forward - are you saying this does not apply where an employer chases costs?!

You can always put a defence forward. The simple truth of the matter is that you don't actually have one.

Take note of what SarEl says.

embob74

Are you saying that I should stay no matter how an employer treats me?
I was complimented 2 weeks prior to informing them of my pregnancy then suddenly my work is inferior. I was asked to attend a meeting but found a letter from the boss's husband to the pet store saying they were giving me a disciplinary. No mention had been made of a disciplinary and the other two (male) staff have been complained about before and yet nothing has been done about them.
I also have a copy of a letter which is stating poor standards of work from the boss's husband and he blames that on me! How can I be responsible for the fact he couldn't be bothered to clean the toilets?! I complained about the fact staff left me for the night without letting me know they were going and so the entrance was unlocked until I realised people had left. I was working alone at night in a remote area and this really bothered me. Who knows what could have happened if somebody had chanced walking into the store without my knowledge? Nothing was ever done about this concern.
And it does seem odd that I have written down future shifts but then once they know I am pregnant they reduce them. Yes I know they can do that but why would they?
As for where I obtained the evidence it was folded up and hidden in one of the works folders. There are 3 folders detailing job duties which vary each day, also H&S policy and employment pay dates. As I don't work every week I looked through all the folders to find the job info I needed and that's how I came across the letters - I was not snooping.
On another point they changed the pay dates which had been detailed in one of the folders. No notice was given to me about the change although it was only a week so I didn't complain.
I realise I am in the wrong for leaving without working my notice but I certainly don't think I should have been treated differently from other staff and I don't think they should have tried to not pay my wages.

embob74

Btw I do thank you for your advice and I am not trying to be vexatious. I would be quite happy to walk away and learn my lesson but the company threatening me with legal action is something I would have to defend and I really do think I have valid reasons for not staying any longer.
It was a multitude of things which culminated in my leaving although I have tried to keep it brief and therefore maybe haven't told all of the events leading up.

RuthnJasper

SarEl wrote: »

Me too. Want to start a club?

SarEl and Hammyman - if this is the case then you must have two of the most intelligent and articulate botties in human existence! If only Jasper-dog's bottom-emissions were as helpful and fragrant!

As for the OP's question, I think the employers are the victims here - THEY did not break the contract with no warning and THEY are the ones who had to scrabble frantically around to ensure they did not lose their customer.

RuthnJasper

embob74 wrote: »

Btw I do thank you for your advice and I am not trying to be vexatious. I would be quite happy to walk away and learn my lesson but the company threatening me with legal action is something I would have to defend and I really do think I have valid reasons for not staying any longer.
It was a multitude of things which culminated in my leaving although I have tried to keep it brief and therefore maybe haven't told all of the events leading up.

embob74 - whatever happens, I wish you lots of luck. x