County Court Claim

Hi all,

I was wondering if someone could help me with following issue:

Hi I have recently received a county claim form from a previous employer. The employer is making a claim that I paid myself over and above my normal salary as I was also responsible for running the payroll. However my salary increases were discussed and authorised in detail and length with my employer, on a number of occasions I had asked my employer for an employment contract but nothing was given to me in writing, I’d like to know where I legally stand in such a matter.

Comments

  • Comms69
    Comms69 Posts: 14,229
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    NickS1 wrote: »
    Hi all,

    I was wondering if someone could help me with following issue:

    Hi I have recently received a county claim form from a previous employer. The employer is making a claim that I paid myself over and above my normal salary as I was also responsible for running the payroll. However my salary increases were discussed and authorised in detail and length with my employer, on a number of occasions I had asked my employer for an employment contract but nothing was given to me in writing, I’d like to know where I legally stand in such a matter.



    Well you need to respond, otherwise default judgment will be made.


    In terms of evidence, was anything discussed via email?


    It sounds like it will be one word against the other, but if you can document when discussions took place then that would help your case.


    civil matters are judged on basically which side is more believable - typically equated to 51/49 %.
  • ohreally
    ohreally Posts: 7,525
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    What can you evidence regarding this?
    Don’t be a can’t, be a can.
  • TBagpuss
    TBagpuss Posts: 11,198
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    As others have said, you will have to file a defence, setting out the facts and any evidenec in support you have, and a court will then decide who they believe.

    It's pretty poor management on their part if they failed to notice that you were getting more than they expected, presumably even iof you were responsoble for payroll, they had access to the figures and bank statments?

    How long had you been paid at the higher rate before you left? What was your reason for leaving? (If you left very shortly after the change, then that might be a reason why they han't realised immediately, for instnace)
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Dox
    Dox Posts: 3,116
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    NickS1 wrote: »
    I was wondering if someone could help me with following issue:

    Hi I have recently received a county claim form from a previous employer. The employer is making a claim that I paid myself over and above my normal salary as I was also responsible for running the payroll. However my salary increases were discussed and authorised in detail and length with my employer, on a number of occasions I had asked my employer for an employment contract but nothing was given to me in writing, I’d like to know where I legally stand in such a matter.

    This is serious stuff with the potential to become even more serious if judgement is given against you. Relying on a public forum in the hope that on the basis of a few lines of text someone can give you a full and reassuring answer isn't the way to go. Definitely one for some proper legal advice, not least so your former employer can see you mean business.
  • Dox wrote: »
    This is serious stuff with the potential to become even more serious if judgement is given against you. Relying on a public forum in the hope that on the basis of a few lines of text someone can give you a full and reassuring answer isn't the way to go. Definitely one for some proper legal advice, not least so your former employer can see you mean business.
    I totally agree. Having seen more than one case of someone doing exactly what you are accused of, this is very serious. And contrary to some opinions here (not picking on them, simply saying it happens) the hardest things to pick up are people who award themselves pay rises and the like. If someone has control of a payroll system it is very easy to manipulate- detecting fraud involving cash or expenses is often much easier.

    I'd have to ask, if you didn't do it, what on earth would prompt the employer to claim such a thing AND take it as far as a court case? Because that really is a level of dislike that is rare in my experience.
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