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So...wondering if I have a case here?

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  • So...wondering if I have a case here?

    I finished working for an employer last year and my last pay packet was out by about £600. I brought this up, we argued about the contract I had with the company, and over the phone my ex-boss told me that if I agreed to half the £600 he would have a cheques sent to me "the very next day." He knew I needed the money so I said I would accept this. I also have this in an email.

    So it took the company six weeks to get the cheque sent, and they sent it to the address I gave them recorded delivery when over the phone we agreed it would be sent normal post, so that led to a further delay because I was away and the cheque was not picked up before I got home.

    Then the company, after I threatened them with legal action because the hold-up led to increased flight costs and missed opportunities to make an investment, made the payment into my bank account despite my expressly teling them not to as the settlement figure previously agreed on needed to be increased. they told me "we've paid the money that's it you cannot take us to Court."

    I got a subject access report and found out the hold-up was because of the boss making ridiculous mistakes re: geting the payment sorted. There's is also some really malicious stuff in the report in emails between staff, and this suggests that their response to my request for an increased settlement was influenced by this.

    Do I have a case here?
    Tags: None

  • #2
    Re: So...wondering if I have a case here?

    A case of what? You agreed an amount with the employer and they paid you that amount. The rest appears to be superflous - they paid you.

    Comment


    • #3
      Re: So...wondering if I have a case here?

      Originally posted by Eloise01 View Post
      A case of what? You agreed an amount with the employer and they paid you that amount. The rest appears to be superflous - they paid you.
      Promissory Estopell? Breach of contract? Negligence? Malice?

      Comment


      • #4
        Re: So...wondering if I have a case here?

        You agreed an amount and you were paid that amount.

        Comment


        • #5
          Re: So...wondering if I have a case here?

          To be paid immediately - that was the deal.

          Comment


          • #6
            Re: So...wondering if I have a case here?

            Well you can try. I hope you have deep pockets, and don't mind the risk of losing. By the way - you varied the original agreement of immediately by accepting the later agreement of "in the post", and no court is going to accept that sending disputed payment by recorded delivery (which provides evidence of receipt) instead of normal mail is unreasonable. You can try out D&C Builders v. Rees. But frankly I think you are pursuing a dispute to an unreasonable degree, and there is a real risk that a court will think so too. I would suggest that since this is a former employer, and these events happened last year, that you should move on. But that is a personal opinion.

            Comment


            • #7
              Re: So...wondering if I have a case here?

              Originally posted by Eloise01 View Post
              Well you can try. I hope you have deep pockets, and don't mind the risk of losing. By the way - you varied the original agreement of immediately by accepting the later agreement of "in the post", and no court is going to accept that sending disputed payment by recorded delivery (which provides evidence of receipt) instead of normal mail is unreasonable. You can try out D&C Builders v. Rees. But frankly I think you are pursuing a dispute to an unreasonable degree, and there is a real risk that a court will think so too. I would suggest that since this is a former employer, and these events happened last year, that you should move on. But that is a personal opinion.

              Thank you Eloise I do value your comments. The agreement was to send a £300 cheque immediately. They didn't send it for 6 weeks/wasn't received for two months, and then they made the £300 payment into my bank account by BACS after misleadingly telling me they agreed to pay £600 instead of £300 in final settlement which was why I sent them my bank details in the first place, and further, this BACS payment was made AFTER i found out they had misled me and I told them not to make the BACS payment.

              Comment


              • #8
                Re: So...wondering if I have a case here?

                Sorry, but why does this matter so much and why now? I have warned you that you risk losing and risk losing a packet in the process. You have waited since last year. Now it is suddenly so important to you?

                Comment


                • #9
                  Re: So...wondering if I have a case here?

                  Originally posted by andrew2332 View Post
                  Thank you Eloise I do value your comments. The agreement was to send a £300 cheque immediately. They didn't send it for 6 weeks/wasn't received for two months, and then they made the £300 payment into my bank account by BACS after misleadingly telling me they agreed to pay £600 instead of £300 in final settlement which was why I sent them my bank details in the first place, and further, this BACS payment was made AFTER i found out they had misled me and I told them not to make the BACS payment.
                  As they breached the agreement you do, technically, have a case. However, you would have to show some sort of loss - vague references to 'lost investment opportunities' simply won't do.

                  Frankly, it isn't worth pursuing.

                  Comment


                  • #10
                    Re: So...wondering if I have a case here?

                    Originally posted by Eloise01 View Post
                    You have waited since last year. Now it is suddenly so important to you?
                    He's skint.

                    Comment


                    • #11
                      Re: So...wondering if I have a case here?

                      If i was 600 quid short in my wages I would at the time have demanded the 600 quid why settle for half,was the sum of 600 owing provable.I know im thick but again something aint right here??????

                      Comment


                      • #12
                        Re: So...wondering if I have a case here?

                        Hello all,

                        Just wondering, as they breached the settlement of agreement, is this classed as breach of contract? Or something else?

                        Thanks!

                        Comment


                        • #13
                          Re: So...wondering if I have a case here?

                          Hi Andrew2332,

                          If we can cut to the chase, where do you want to go with this, bearing in mind the new Employment Tribunal fees which are about to be imposed?
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: So...wondering if I have a case here?

                            Originally posted by charitynjw View Post
                            Hi Andrew2332,

                            If we can cut to the chase, where do you want to go with this, bearing in mind the new Employment Tribunal fees which are about to be imposed?
                            I would like to know if I have a case in law for their breaching the settlement agreement is all, for future consideration. The time limit for going to a tribunal has past...

                            Comment


                            • #15
                              Re: So...wondering if I have a case here?

                              Anyone?

                              Comment

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