Breach of contract litigation in civil court

smmjh11

Hi
I won an employment tribunal hearing for unfair dismissal but did not want to do the breach of contract at the same hearing. I know that you have up to 6 years to bring a breach of contract claim in a civil court. Has anyone any experience of  bringing a Breach of contract claim at a civil court.

I have tried to contact the company involved as it states about trying to resolve it informally but they have not responded at all. I represented myself at the original employment tribunal hearing and was successful against their barrister but obviously representing myself in a civil court maybe more of a challenge. So, I was just looking for advice.

Many thanks

steampowered

What is your breach of contract claim about?

Comms69

Surely the ET covered similar claims to any breach, you cant bite the cherry twice just because legislation was brought under one aspect and not another

Brynsam

smmjh11 said:

Hi
I won an employment tribunal hearing for unfair dismissal but did not want to do the breach of contract at the same hearing. 

I wonder why? What sort of 'breach' are you talking about - wrongful dismissal? 

tacpot12

If you have successfully represented yourself at an ET, doing so again at the county court will not be such a big step. 

The "Redwood Legal" channel on youtube has quite a bit of useful information about representing yourself, and one of the partners is writing a book on representing yourself in civil claims. 
Redwood also offer a legal service where you can pay them by the hour to do specific things such as check your paperwork before submitting it to the court. I've not used Redwood myself, nor represented myself at county court, but have sued a a large retailer in the county court, but the case was resolved before being heard. 

smmjh11

tacpot12 said:

If you have successfully represented yourself at an ET, doing so again at the county court will not be such a big step. 

The "Redwood Legal" channel on youtube has quite a bit of useful information about representing yourself, and one of the partners is writing a book on representing yourself in civil claims. 
Redwood also offer a legal service where you can pay them by the hour to do specific things such as check your paperwork before submitting it to the court. I've not used Redwood myself, nor represented myself at county court, but have sued a a large retailer in the county court, but the case was resolved before being heard. 

Thank you tacpot12 I will have a look.

smmjh11

steampowered said:

What is your breach of contract claim about?

Entitlement to 6 months full pay and then 6 months half pay which was in the terms and conditions of my contract.

Comms69

smmjh11 said:

steampowered said:

What is your breach of contract claim about?

Entitlement to 6 months full pay and then 6 months half pay which was in the terms and conditions of my contract.

It's likely that any unfair dismissal claim takes into account loss of wages.

steampowered

smmjh11 said:

steampowered said:

What is your breach of contract claim about?

Entitlement to 6 months full pay and then 6 months half pay which was in the terms and conditions of my contract.

Hmm ... that is a deduction of wages claim which would normally go through the ET.

As Comms69 states, the compensation you are awarded for unfair dismissal would normally include unpaid wages and remuneration. Did your  "schedule of loss" include unpaid wages? 

I don't know the answer as to whether you can now bring a fresh claim for unpaid wages give that you've already had an unfair dismissal award. I suspect you might have difficulty. It may depend on the exact circumstances and the basis on which the ET calculated the compensation awarded to you.

Brynsam

Makes absolutely no sense that you didn't deal with this at the same time as the unfair dismissal claim. Why not?

Masomnia

Maximum award for breach of contract at tribunal is £25,000 and if it amounts to that many months pay it could easily be more than that.