What Am Suing For?

[emotionboy]

Hi all,

I am a Claimant and am awaiting a defence from the Defendant. I was forced to resign against my wishes. I am drafting my Skeleton Argument.

Not being a legal expert, I put on my Particulars of Claim that I am claiming for breach of duty of care, breach of contract, defamation and intentional infliction of emotional distress with the damages being loss of earnings and loss of future earnings.

So is this a Negligence case? A Defamation case? A Breach of Contract case?

How might I express this in my Skeleton Argument?

Thanks.

[echat11]

You say you resigned, is it an employment dispute? Are you taking an employer to court?

[emotionboy]

It did not meet the 2 year minimum so it is not being heard by the Employment Tribunal. As confirmed by judge in a pre-hearing it will either be a multi track or fast track court hearing.

[emotionboy]

I’m wondering things like is it a Breach of Contract case with Defamation? Or a Defamation case with Breach of Contract?

[echat11]

What you need to do is under each of those contract issues i.e. Breach of Contract, provide the background detail of what actually happened, the whole story.

You're asking members to advise without any information.

[emotionboy]

It’s complicated but to give more information: I am a Newly Qualified Teacher (NQT) that was in the middle of statutory induction. Statutory induction and the rules associated were part of my work contract so both sides were expected to follow them. Not only was my induction judged unfairly (NQT guidelines say judgement must be fair- breach of contract) and in which the paperwork was fabricated with a false evidence and grade (defamation) but I was falsely accused of something I didn’t do which led to workplace bullying and being falsely accused of failing induction (breach of duty of care and defamation). I was then told I had to choice between either accepting a false interim induction grade that they said was where I was (this was a lie, it was an unfair grade) which would at least allow me to try and continue working at another school when I found another job, or to try and continue at the school in which case they would likely fail my induction outright. Since a teachers induction is a one time chance process, and I couldn’t afford to fail, I was forced to resign with the false interim grade. I then started the complaints process but they ignored my evidence and refused to hold an appeal despite my contract giving me the right to appeal (breach of contract).

[echat11]

Can you please take a look.

ULA

[ULA]

Although employment as this is not an Employment Tribunal claim slightly less familiar with the civil court process.

From the information provided is your stronger arguement breach of contract?

Also my understanding is that defamation cases must be heard in the High Court Queens Bench Division, which means it would be a multi-track case unless both parties agree or the Court orders its transfer to the County Court.

[R0b]

Sounds like you've thrown the kitchen sink at this and tried to claim everything.

Ula is right that claims for defamation cannot be issued in the County Court unless both parties agree. It is possible that the County Court will transfer the case up to the High Court for them to deal with all aspects of the case including any allegations of defamation. Just an FYI Ula, multi-track cases are only such a thing in the County Court, it doesn't exist in the High Court, though each division will have their own guidance on the procedural rules.

Breach of contract does sound like your strongest point and maybe it might be best to focus on that, as the court won't appreciate a scatter gun approach and if the claim falls outside the small claims track, you will get stung for costs if you lose those points.

Taking a step back, it might be helpful for you to post up your particulars of claim (redacted of personal info) so we can see how your claim is set out.

[ULA]

rob thanks for the FYI a good learning point for me particularly as my civil court knowledge is limited.