Employer Claiming for money on contract they never paid for.

patman99

Then the following would maybe be a better defense -

In my defense, I submit that on [insert date of course], I attended a course entitled [name of course]. This course was won in an industry-wide competition.
As a condition of being given permission to attend this course, I was required to sign a contract that stated that should I leave employment with the company prior to September 2014, I would be required to pay up to £2000 + VAT to cover the course fee.

The total cost of the course was £0. Therefore, I believe that the requirement to pay the total of £2400 is in fact a contractual penalty which is unenforceable in law as per case law Dunlop Pneumatic Tyre Company v New Garage & Motor co [1915] AC 79. And thus, no payment is due to my former employer by myself.

The critical part of your defense is the 'up to £2000 +VAT'. Your course in fact cost £0, so in fact that is the sum you need to enforce as the only amount they can claim.

You also need to include any emails confirming the course competition win & costs as these will enforce your defense.

If/when you end up before the Judge, don't forget to ask the Judge to clarify whether or not the claimants are being represented by a paid-for legally-qualified representative (such as a Solicitor or Barrister). If they are, then the Judge will have to ask the legal bod to leave the room as only private individuals can use paid legal representation in the County Court.

brightonman123

Ask for evidence of cost (and that that they paid for course!)

patman99

op, how long was the course and did you book the time you were on the course as a holiday?.

These might seem trivial, but if it was a week long course & your then employer allowed you to attend as a paid employee rather than needing you to book it as holidays, then their claim might be based on that.

spacey2012

What does the particulars of claim state on the court form.


Can you find or obtain ANY paperwork in relation to this course that backs your defence it was a free prize.

colino

OP, I'm thinking of taking up dentistry and as getting useful information from you is like pulling teeth, I'll have stab too.
What loss are your previous employers claiming for? If it is the wages they paid you when you were off on the course and any subsequent potential opportunity loss, what is your defence? You gained experience with them, went on an industry accredited course and have found a better paying job? Good luck with that.
And I recommend a check-up in six months.

somethingcorporate

colino wrote: »

OP, I'm thinking of taking up dentistry and as getting useful information from you is like pulling teeth, I'll have stab too.
What loss are your previous employers claiming for? If it is the wages they paid you when you were off on the course and any subsequent potential opportunity loss, what is your defence? You gained experience with them, went on an industry accredited course and have found a better paying job? Good luck with that.
And I recommend a check-up in six months.

This has already been asked and dealt with. The contract for the course makes no reference to lost wages only the cost of the course.

However, it does not mean that their employment contract may not say something along those lines.