ACAS + County Court proceedings

quietestlight

Hiya

My former employer is seeking £5000 from me for breach of contract, which I dispute (because they are genuinely, on the advice of my lawyer, totally wrong).

I have gone through the right steps in terms of appeal/grievance and contacted ACAS last week to proceed with Early Conciliation too.

My former employer has ignored this and is threatening to take me straight to court.

Can court action happen while Early Conciliation is taking place? Or does ACAS take precedence and put this on hold?

:think:

Undervalued

I assume you are claiming unfair (or wrongful) dismissal and that potential employment tribunal claim is now at the ACAS conciliation stage?

However any claim your employer may make against you for breach of contract, which as you say would be in the county court, is surely separate and nothing to do with ACAS.

You don't say what this claim is about but I assume you did not work your contractual notice and they are seeking to recover any losses this caused?

LilElvis

quietestlight wrote: »

Hiya

My former employer is seeking £5000 from me for breach of contract, which I dispute (because they are genuinely, on the advice of my lawyer, totally wrong).

I have gone through the right steps in terms of appeal/grievance and contacted ACAS last week to proceed with Early Conciliation too.

My former employer has ignored this and is threatening to take me straight to court.

Can court action happen while Early Conciliation is taking place? Or does ACAS take precedence and put this on hold?

:think:

As you have a lawyer, who is obviously acquainted with your case, they would be the most appropriate person to ask rather than a bunch of random strangers who know less than zero about your situation.

Dox

LilElvis wrote: »

As you have a lawyer, who is obviously acquainted with your case, they would be the most appropriate person to ask rather than a bunch of random strangers who know less than zero about your situation.

Quite so! Why on earth don't you ask them, OP?

Undervalued

Dox wrote: »

Quite so! Why on earth don't you ask them, OP?

Unless I am dreaming, ten minutes ago there was a post from the OP explaining a bit more about the claims and saying his solicitor "didn't know" the answer to the original question!

However it seems to have been deleted.

LilElvis

Dox wrote: »

Quite so! Why on earth don't you ask them, OP?

Probably because, according to the OPs now deleted reply, their solicitor doesn't know the answer. In which case I would be looking for a new solicitor.

Undervalued

LilElvis wrote: »

Probably because, according to the OPs now deleted reply, their solicitor doesn't know the answer. In which case I would be looking for a new solicitor.

Ah, so I wasn't dreaming!

LilElvis

Undervalued wrote: »

Unless I am dreaming, ten minutes ago there was a post from the OP explaining a bit more about the claims and saying his solicitor "didn't know" the answer to the original question!

However it seems to have been deleted.

You weren't dreaming. The claim is something to do with training.

CakeCrusader

Maybe give ACAS a call??

paddedjohn

OP, if you received training at the expense of your employer and you signed an agreement to pay for it if you left them within a certain time frame then surely your ex employer has a good case against you.
(Assuming this is the case here as you don't give many details)

Undervalued

paddedjohn wrote: »

OP, if you received training at the expense of your employer and you signed an agreement to pay for it if you left them within a certain time frame then surely your ex employer has a good case against you.
(Assuming this is the case here as you don't give many details)

In the now deleted post, the OP accepts that. However there was rather more to it in that the employer was trying to claim other costs beyond the agreement.

However, if the OP doesn't want to discuss it further it is all rather pointless.