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If you signed a contract saying the handbook is part of the contract they will try and say the clauses therein are part of the contract. If you can evidence/state you were never given the opportunity to see the handbook then its arguable (strongly) these terms were not incorporated and thus not...
Hi
If you had signed a contract that contained post-termination clauses or did the staff you hired then you could face an injunction or claim. They would need to show they have suffered loss as a result of you breaching this agreement.
If you or the staff member had no contract then you can...
If the debt is over £750 you can serve him with a Statutory Demand so no court fee. This calls his bluff as if he doesn't pay within 18 days, within 21 you can petition for his bankruptcy. Often the threat alone works
Add interest too - statutory right
Or yes you can issue a claim get...
If they have not filed a defence then you will be given judgement in default
This should be for the sums claimed (including interest and costs if pleaded)
Court will grant immediate payment in the judgement and accruing interest
Once served on the debtor and they fail to pay you can send in...
This is calculated at £400 for every year you have worked there. £600 for every year over the age of 41
The employer can sometimes have an internal policy about enhanced calculations so check your handbook and contract too
Always try and negotiate for a compromise agreement with damages...
Make an immediate application to strike out the claim for all the reasons mentioned. Also apply for costs against them if they require a hearing
I would also send them a letter inviting them to withdraw the claim otherwise you will seek to recover all costs against them setting out reasons
Karen
If out of time for a Tribunal claim and in-house doesn't work threaten to issue a county court claim for breach of contract and unlawfully deducting your wages without consent
A pre-action letter threatening interest and costs can often open talks again.
If you want a solicitor to negotiate...
It sounds as though he is clearly breaching his Fiduicary Duties which can attract personal liabilities for him. Did you issue director's service level agreements or sign up to a shareholders agreement?
These documents govern what each individual can and can't do; responsabilities and duties...
This can be seen as gross misconduct and permit you to dismiss him by written termination. If there is a potential issue where he could claim discrimination then you would need to play it safe and show you acted reasonable to discuss his conerns and troubles
However, no discrimination, no...