I won an employment tribunal, now my x employer is taking me to court?

[tippytoppy]

Hi all I am posting this on behalf of my partner.

I was hoping that someone could clear an issue that I have with a previous employer. I have recently won a employment tribunal from them and I believe that this "win" is the reason why they are going to the small claims court to counter me for as they put it "I walked out of employment"

Back Story

I worked for a small mortgage company for 9 months with 4 Staff including the owner. Everything was fine until a family member was critically ill and I was told they less than a week to live. I went into the office after telling the owner the night before about the situation. The next day I arrived at the office early to make a start and I was going to continue employment until the family member passed away and then was going to take time off. The owner of the business showed no compassion to the situation as naturally I was upset, this escalated with some arguments and I then asked for a few days off to to obviously reflect and take time off for my mental health at this point. The owner said that is fine, I left, There was not discussion of taking this paid or unpaid or compassionate leave

During my time off, I asked to speak to the HR department to see what my options where, in which I was told we don't have one and later discovered at the employment tribunal that payroll is outsourced also.

During the 3 days off I received lots of unwanted contact from the owner when I requested her not to speak to me, the nature of the messages from the owner about don't take my family life on work, and inappropriate comments such as have they "died yet" all of this I have as text messages for evidence. Due to this I did not feel comfortable returning to work and handed my notice in via email.

I awaited my final payment from them which was unpaid Holidays, when I did received my payslip the owner had deducted money for "exam costs" which the total was more or less what my holidays accrued to. I went over my employment contract and had it looked over and it did not state anywhere that deductions would be taken. I also had other people look at the contract and it was described to me as a "google free contact" very basic and lacking any real information. The defence from the previous employer was pages of irrelevance and was quoting things such as I went out that night to see friends so I cant have been that upset and not a single valid reason they unlawfully deducted wages, they said they outsource the payroll. The day of the employment tribunal the judge looked at the contract and awarded me my wages back and dismissed anything that my previous employer said as irrelevance.

30 Minutes after the employment tribunal I received an email from the small claims court from my previous employer stating " That I had walked out of employment" and she is seeking the same money back the court awarded me with interest and court fees.

So my questions are:

1) Is this a reaction to loosing the employment tribunal and if this was the case, why leave it so late?
2) I left due to abuse from them, during a difficult time with the loss a family member
3) In my contract there is no grievance policy?
4) No HR department or any mention of someone I can discuss these issues with

It would be great if anyone can shed any light on this situation.

thanks

[ostell]

What have you actually received? The court, usually Northampton, don't send emails to instigate cases.

[tippytoppy]

We received this documentation from the

County Court Business Centre
Online Civil Money Claims
issued 19th March 2021

[ostell]

So what is in the Particulars of Claim box?

This sounds like part of your defence would be this matter has already been decided in your favour by the ET.

[tippytoppy]

This is the particulars of the claim? And this was 30 mins after the employment tribunal!

thanks

[ostell]

How was this delivered?

[tippytoppy]

This was via email, however I’m told it’s coming in the post. My x employer has my personal email address.

[ostell]

So get together all the documents you need. Your contract of employment for a start. W

What was this "exam Costs" that they deducted for?

[tippytoppy]

Hi Ostell,

I have my contract and I went though it. It was a contract she got from Google it appears and it was terrible and basic hence why I won the employment tribunal, the judge agreed they should not have removed any money and awarded me it all back.

this new court case for me “walking out of employment” is what they submitted 30 mins after my hearing lol !

I feel this is simply because they lost the case I took the. Court for !

[ostell]

So you were on holiday, sanctioned by employer, and you handed your notice in while on holiday. Did your contract specify a notice period? Had you taken other holiday that year? Normally notice period would be one week.

So you handed in your notice and took the rest of your employment period for the remainder of your allowed holiday, the one week permitted by default.

[tippytoppy]

Well due to my family member passing away I was not fit enough to continue working in the office. I said to my managed (the owner) that I needed a few days off. This was not agreed as holiday or time off or anything it was just “ok”

while I was off I was pestered to know when I’m coming back. Texts became heated and I felt that I never wanted to return due to the unprofessional approach of the owner of aggressive behaviour. Calling me checking my social media etc...

I asked for HR in which I was told it was her. I waited two days then handed in my notice.

the only reason I feel this has happens is because I took her to tribunal.

here is a copy of the contact in notice periods etc.

[tippytoppy]

Also what’s the best way to create a defence ?

thanks all.

[tippytoppy]

Any updates or help please, i need to send the defence claim back.

[ostell]

There is a sample defence in the shortcuts panel on this page. It is aimed at debt claims so amend to suit .

you comment on the lack of details in the particulars of claim

you comment that you have been awarded exactly this amount in an employment tribunal that found in your favour

you took an agreed absence to cover the unexpected death of a relative and because of the behaviour of your employer you sent your notice on the xxx.

your outstanding holiday (???) of xxx days was used to cover the notice period.

the sum requested is unclear, other than the same amount as the employment tribunal awarded to the defendant, and no breakdown of the amount has been supplied. The claimant appears to be claiming a penalty rather than any defined loss.

the notice periods in the contract are unfair in that the claimant allows themselves only 2 weeks notice to the defendant but commits the defendant to an indeterminate period determined by the claimant with a minimum of 4 weeks.



Prepare your defence, put it up here for critique before you send


Have you acknowledged the claim? You must do that without delay. This should give you 33 days from date of issue to get your defence to the court