In court for breach of contract

planning303

Either way, i don't envy the OP right now...

WhiteHorse

If you already have written evidence that they have changed their story, then all you need to do is highlight this at the hearing. That makes them look bad.

The Courts don't like ambushes. They are considered unfair and a waste of the Courts time (because the defence needs an adjournment to consider the 'new material').

embob74

Just wanted to update that the case was dismissed :T

Thank you to all for your advice, it wasn't always what I wanted to hear but I did question the employer about the costs of training a new employee and they admitted those costs would have occurred whether I had breached the contract or not. The judge showed sympathy for my not having worked my notice but concluded that the Hadley v Baxendale rules meant there was no case to answer.

I know I am lucky my ex-employer was just being malicious and didn't actually have a case. I do wonder what would have happened had they had justifiable costs resulting from my leaving :undecided

geoffky

Hope you claimed costs

Uncertain

embob74 wrote: »

Just wanted to update that the case was dismissed :T

Thank you to all for your advice, it wasn't always what I wanted to hear but I did question the employer about the costs of training a new employee and they admitted those costs would have occurred whether I had breached the contract or not. The judge showed sympathy for my not having worked my notice but concluded that the Hadley v Baxendale rules meant there was no case to answer.

I know I am lucky my ex-employer was just being malicious and didn't actually have a case.

Excellent, well done.

I do wonder what would have happened had they had justifiable costs resulting from my leaving :undecided

In that case they may have got something (and understandably so).

I've pointed out repeatedly in threads on this subject that in order to obtain any compensation in these circumstances the employer would have to have suffered a quantifiable loss and satisfy the court that they had taken all reasonable steps to minimise their losses. It can and occasionally does happen.

embob74

geoffky wrote: »

Hope you claimed costs

No! I never entered a counter claim as was quite happy to get this sorted and move on. Wish I had applied now as the employer lied about several things (including the number of shifts I was liable for) and after court I started to say I was sorry about how things had got to this point and was threatened!
Quite happy just to move on and forget them now