Employer taking me to court for no notice

SarEl

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.

I don't think you understand what is being said. In terms of a possible claim for breach of contract damages, it does not matter one iota how good your reasons are. The civil law cares about only one thing - whether or not you breached your contract. Why you did it is not relevant and they cannot consider that. Whether you had lawful justification for breach of contract is a matter for an employment tribunal - a county or small claims court has no jurisdiction to determine matters of employment law or whether you had justifiable reasons. Their remit is "did you, yes, what was the financial loss to be paid". And I still don't think they are doing anything but bluffing anyway - have you actually asked them for a quantifiable breakdown of the loss incurred over and above what it would have costs had you worked your notice?

embob74

I'm so sorry for being so dense. I had a shower and it dawned on me that of course the question is "did I leave them in breach of my contract" and the reasons I did so are irrelevant. I was hoping to post before you replied but you are just too quick!
Thank you for enlightening me. Yes I breached the contract so my defence would be whether they mitigated their costs, if indeed they incurred any.
I believe the boss's husband would have covered the shifts and be paid the same rate as me, I can't think of any other costs they could incur due to my leaving.
I have drafted a letter stating the reasons why I left abruptly and that I am happy to draw a line under the matter and move on (including not chasing them for the holiday pay they aren't paying). I could amend and ask for costs but I'm worried that might get them to think seriously about how they could make their costs appear larger than they were.

SarEl

embob74 wrote: »

I'm so sorry for being so dense. I had a shower and it dawned on me that of course the question is "did I leave them in breach of my contract" and the reasons I did so are irrelevant. I was hoping to post before you replied but you are just too quick!
Thank you for enlightening me. Yes I breached the contract so my defence would be whether they mitigated their costs, if indeed they incurred any.
I believe the boss's husband would have covered the shifts and be paid the same rate as me, I can't think of any other costs they could incur due to my leaving.
I have drafted a letter stating the reasons why I left abruptly and that I am happy to draw a line under the matter and move on (including not chasing them for the holiday pay they aren't paying). I could amend and ask for costs but I'm worried that might get them to think seriously about how they could make their costs appear larger than they were.

I would suggest that you do not drag over coals about why you left - they don't actually really care, do they? And neither should you now. It just seems a lot of effort to go over it. They would require evidence of their costs - to be honest I seruously doubt they have a clue what they could sue you for and are just bluffing to get out of paying you what they owe. What you have to decide is whether it is wortth going for what you are entitled to - and there was never any doubt about that - versus the possibility that they are not bluffing. If it isn't much money, then it is probably sensible to forget it and move on - and recall the lessons learned for the future. Had you acted a little less precipitously you might have had better grounds for a case - or at least the threat of one. At least you now know that resigning on the spot is not a good idea - albeit probably what they were after you to do!

Hammyman

embob74 wrote: »

I'm so sorry for being so dense. I had a shower and it dawned on me that of course the question is "did I leave them in breach of my contract" and the reasons I did so are irrelevant. I was hoping to post before you replied but you are just too quick!
Thank you for enlightening me. Yes I breached the contract so my defence would be whether they mitigated their costs, if indeed they incurred any.
I believe the boss's husband would have covered the shifts and be paid the same rate as me, I can't think of any other costs they could incur due to my leaving.
I have drafted a letter stating the reasons why I left abruptly and that I am happy to draw a line under the matter and move on (including not chasing them for the holiday pay they aren't paying). I could amend and ask for costs but I'm worried that might get them to think seriously about how they could make their costs appear larger than they were.

Excellent. You are now sailing your ship in the right direction. Do query any costs they claim though.

DVardysShadow

embob74 wrote: »

... I have drafted a letter stating the reasons why I left abruptly and that I am happy to draw a line under the matter and move on (including not chasing them for the holiday pay they aren't paying). I could amend and ask for costs but I'm worried that might get them to think seriously about how they could make their costs appear larger than they were.

Along with the other advice, I would suggest that you make your offer to forgo holiday pay "without prejudice".

This should prevent them from accepting that offer and still carrying on with their claim against you.

Ayelet

What type of contract were you on? Zero hour/casual?

SarEl

Ayelet wrote: »

What type of contract were you on? Zero hour/casual?

Answered in the OP - four hours minimum, variable hours.

embob74

Ayelet wrote: »

What type of contract were you on? Zero hour/casual?

Stated in the contract as variable. A minimum of 2 shifts (all shifts are 10 hours) with a max of 14 in any month.
Was initially to be one weekend a month which suited me but they always put me down for more, until I became pregnant then the shifts went to the minimum 2 per month.

embob74

Well I received the court summons this morning!
My ex-employer has stated I was in breach of contract and they had to pay another member of staff to cover the shifts. They are claiming the costs of the staff member working those shifts.
However the costs are exactly the same amount as I would have been paid to work the shifts so there is nothing actually over and above my wage rate. So I understand there has been no actual loss and therefore they have no case?
Do I need to state in the response pack the relevant law or just outline there is no case?

SarEl

embob74 wrote: »

Well I received the court summons this morning!
My ex-employer has stated I was in breach of contract and they had to pay another member of staff to cover the shifts. They are claiming the costs of the staff member working those shifts.
However the costs are exactly the same amount as I would have been paid to work the shifts so there is nothing actually over and above my wage rate. So I understand there has been no actual loss and therefore they have no case?
Do I need to state in the response pack the relevant law or just outline there is no case?

So much for my thinking they were bluffing. Nobody ever believes these things do happen.... but frankly even if they had a case, I can't see the purpose in taking this this far over a part-time cleaining job! No offence - nothing against cleaners - but this has got to be an all time record in stupidity.

No you don't need to start talking like a lawyer and you will trip over yourself if you do! Plain English - just say that there is no quantifiable loss to the employer because they did not pay your wages for the period claimed and the amount they paid out was equivalent to your wages and nothing more, so there is is no loss to the employer as a result of your alleged brief. Make sure you say alleged!