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

[charitynjw]

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

Ah!

I am pretty sure that the Employment Tribunal now has jurisdiction over virtually all employment matters, including breach of contract.

[andrew2332]

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

Thanks Charity...would still dearly love to find out whether a breach of a settlement agreement is a breach of contract, or termed something else under Common Law?

[charitynjw]

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

My take on it is that if the dispute is over unpaid wages, holiday pay, etc., it would be classed as wrongful dismissal & so the jurisdiction of an ET.

Update

http://www.bailii.org/ew/cases/EWCA/Civ/2013/826.html

1. The judge held that Mrs. Monk's claim could not succeed because it fell within what has become known as the "Johnson exclusion area". He derived the following principles from the decided cases: (i) that damages cannot be recovered at common law for the consequences of the fact or manner of dismissal; (ii) that an employee retains the right to sue at common law for damages for breach of any obligation which exists independently of his right not to be wrongfully or unfairly dismissed; (iii) that the statutory provisions do not prevent a dismissed employee from recovering damages for a tort committed independently of the dismissal. Although the issue concerning the true date of dismissal had been raised in the course of argument below, no application to amend the particulars of claim had been made. The judge therefore decided the matter on the basis that Mrs. Monk had been dismissed on 10^th July 2008, as alleged in her statement of case.

It would seem that, if the breach flows from, or is linked to, the dismissal, then the 'court' the ball must go to is the ET.

[andrew2332]

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

It wasn't dismissal, and from the above it seems that I can still use Common Law in the Courts to make my claim.

So what is that claim? A breached settlement agreement, is a breached contract, technically. Yay or nay?

Thanks Charity!

[andrew2332]

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

Ah I see...the Employment Tribunal IS the Court in the UK...

It seems a bit unfair. Court cases you have six years to have deal with, but employment cases 3 months?

Can I get an exception based on the fact that I knew nothing about this rule? It is not exactly common sense to think that there would be two different time limits fo such caes.

[charitynjw]

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

Technically, when a contract of employment ends, you are 'dismissed' from the obligations of that contract.

If there is a dispute which flows from that 'dismissal', it comes under the umbrella of 'wrongful' dismissal (withholding of pay, holidays etc) or unfair dismissal (the manner in which you were 'dismissed').

That's my understanding of it, anyway!

Complicated, isn't it :confused2:

[charitynjw]

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

Ah I see...the Employment Tribunal IS the Court in the UK...

It seems a bit unfair. Court cases you have six years to have deal with, but employment cases 3 months?

Can I get an exception based on the fact that I knew nothing about this rule? It is not exactly common sense to think that there would be two different time limits fo such caes.

3 months minus one day.

Probably not - usually, Ignorantia juris non excusat (ignorance of the law is no defense.)

[andrew2332]

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

Complicated is an understatement m8.

So could I get an exception if I was able to show I was out of the country from before the date the dispute arose (a month after the 'dismissal') and only returned a week before lodging the claim and requesting said exception?

[andrew2332]

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

And...why can't I go to Court for breach of agreement/contract after the 3 months are up? I have a right to justice.

And IS a breach of agreement a breach of verbal/oral contract? (see above)

[charitynjw]

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

http://www.pcs.org.uk/en/resources/l...ut_of_time.cfm

"Please note however that the onus is on Ms X to convince the tribunal that it is just and equitable to extend time and 'the exercise of discretion is the exception rather than the rule' (Robertson v Bexley Community Centre [2003] EWCA Civ 567).

"The following is a non-exhaustive list of factors which may prove helpful in assessing individual cases

i) The presence or absence of any prejudice to the respondent if the claim is allowed to proceed (other than the prejudice involved in having to defend proceedings);

ii) The presence or absence of any other remedy for the applicant if the claim is not allowed to proceed;

iii) The conduct of the respondent subsequent to the act of which the complaint I made up to the date of the application;

iv) The conduct of the applicant over the same period;

v) The length of time by which the application is out of time;

vi) The medical condition of the applicant, taking into account, in particular, any reason why this should have prevented or inhibited the making of a claim;

vii) The extent to which professional advice on making a claim was sought and, if it was sought the content of any advice given;

viii) The presence or absence of ongoing internal grievance procedures."

[charitynjw]

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

Section 111 of the ERA 1996 provides:
(1) A complaint may be presented to an employment tribunal against an employer by any person
that he was unfairly dismissed by the employer.
(2) Subject to subsection (3), an employment tribunal shall not consider a complaint under this
section unless it is presented to the tribunal—
(a) before the end of the period of three months beginning with the effective date of termination,
or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied
that it was not reasonably practicable for the complaint to be presented before the end of that period
of three months.

'Reasonable' is discussed here http://www.turbervilles.co.uk/assets...m%E2%80%A6.pdf

[andrew2332]

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

Thank you thank you thank you...just speaking to an employment solicitor, breach of contract can be dealt with in Small Claims, as is a bit different from unfair dismissal, etc...advised to get an employment tribunal claim in before July 29th though, as fees start being charged from this date...all useful stuff!

[charitynjw]

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

Well done, Andrew!

Another little 'nugget' to add to the knowledge bank.

& that's what, in my opinion, these forums are all about; kicking things around a bit & eventually 'stumbling' across the truth.

Thanks for posting this up - it helps everyone else.