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Sued for breach of Contract (did not yet start, 2 weeks notice. 10 days given)

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  • Sued for breach of Contract (did not yet start, 2 weeks notice. 10 days given)

    Hello,

    I have received a letter threatening to sue me for breach of contract. The letter comes with a schedule
    of (greatly exaggerated) losses for thousands of GBP they claim to have incurred in hiring the offices
    to interview me at, adding me to Payroll, etc..

    Background:

    I had attended a job interview for the position as a computer programmer for a start-up
    company in the information security area.

    On recieving the contract, I signed it with a digital signature. I then realised basic information
    was missing, such as Job title, salary, flexibility in working from home (as discussed in the interview).
    They then sent me a revised copy of the contract, which I again signed and returned to them.

    The contract did not set a start date, and we negotiated this. In the interview, I explained to them
    I wasn't able to start until mid February because I was finalising details on my PhD. They set a
    start date earlier and asked me to go for a week long induction before the start date.

    I explained that was not possible, and would be able to start at another later date in February, and
    that any induction should be after my start date. (I had not the time due to finalising my PhD,
    nor did I wish to bear the expense of attending a week of induction, which was likely to involve
    me working unpaid).

    We then agreed for me to start on the later date. I was then asked to come in for 1 half day
    before that time, and I agreed.

    Prior to attending, I noticed other basic information missing from the contract such as
    Employer's address, Job description, offices where I would be expected to work (they
    mentioned offices at another location in the interview, but this was different to the
    original place they said there offices were, and this was were I was asked to go for the
    induction). I emailed them the night before to request these details be sorted out
    prior to me starting.

    During the visit to them, they became defensive about me bringing up the issues with the contract.
    When I said, I've never seen a contract lacking such basic information, one said "OK, print out
    a previous contract and we'll use that", which I felt inappropriate.

    On returning later that day, I emailed to say that given the events with them I would not be
    starting with them. I did not trust their ability to be honest and pay me at the end of the month
    had I start. The contract had a 2 week notice period, but I emailed them the next day
    approximately 10 days before the due start date (which was agreed by email and not on the contract).

    I felt the company were providing me with very little details (under the guise that due to the nature
    of their work they couldn't discuss it fully initially). I also felt that they were likely to use me
    to produce work within the initial weeks without paying me. I already wrote a reasonably long piece
    of coding for their coding test, which was related to an area they work in.

    I was suspiscious of their practices given they had expected me to attend different offices for a
    whole week at my own expense, before my start date. I suspected they did not actually have the funds
    to pay my salary, and if I were not paid for work done, my contract had very little information
    (not even their company address) -- they merely hired an office to conduct my interview.

    Yet now, they are threatening to sue me for breach of contract to get money out of me. I feel like
    I have been tricked into this position, either to do work on a flimsy contract, or to be sued for
    breach of it. I do understand my mistake of signing the contract before properly reading it.

    What can I do?

    Any advice would be greatly appreciated.


    Tags: None

  • #2
    I'm assuming that the 'contract' here is a contract of employment.
    In order to sue you for breach of contract there needs to be a valid contract in place.

    Helpfully the Employment Rights Act 1996 begins with a list of the (minimum) particulars required.

    https://www.legislation.gov.uk/ukpga/1996/18/section/1

    The contract you describe doesn't seem to meet these requirements.

    So, I suggest that you study the contract/s that you signed and make a list of the deficiencies. Start with s.1(3)(b) & S.1(4)(h).
    You could then send them your list, and the link to ERA s.1, and inform them that, as their 'contract' doesn't contain the minimum information required to form a valid contract of employment, you don't consider that you are bound by its terms.

    You might also point out that after you signed they appeared to expect you to work for no pay before any potential start date?

    Also, check to see if it/they contain any conditions.
    It might say, for example, that the offer is subject to receiving satisfactory references, evidence of qualifications, DBS check etc.
    If there's anything of that nature it was just a conditional offer to which you can't be bound.

    They really don't seem to know what they're doing. I wonder if they intend to sue any unsuitable candidates for the expenses incurred at their interview.



    Comment


    • #3
      Hi MarieFab,

      Thank you so much for your response. I'll look into the points you raised. s.1(3)(b) - the start date we negotiated by email, but s.1(4)(h) was not specified. They only provided me with the address of the rented office for the interview, and during the interview there was ambiguity as to whether this is where I would work, as they kept referring to another location (but did not provide me with that address).

      When I emailed them about these missing particulars, prior to visiting them before the start date to discuss the role, they became defensive and said these things only need to be provided within 2 months of employment.


      It's quite a shock to receive threatening letters from a solicitor in this way, especially when I'm the sort of person who generally tries to do my best to do things in an honest and proper way - that was the reason I wanted the details sorted out so that each party knew their responsibilities -- if they were expecting me to work in offices that were far from my home I needed to know in advance if that was possible for me. I did read that in any case an employer should make every effort to mitigate potential losses when entering into employment contracts, which I also feel they have not done.

      Thanks again
      & Best wishes.

      Comment


      • #4
        I really wouldn't worry about this.
        Just because the letter was written by a solicitor it doesn't mean that there's a legitimate claim against you. The solicitor is simply following their client's instructions.

        In order to have the claim they are suggesting; the contract/s that you signed would need to clearly state that you agreed to reimburse any pre-employment expenses in the event that you decided not to start working for them.

        If we pretend for a moment that you signed a valid contract and that the 2 week notice period was required even before the contract start date; the most that they could potentially sue you for would be the additional expenses incurred in getting someone else to do the work you would have done during the few working days not covered by the 10 days notice that you gave. They would need to prove that they employed someone to work on those particular days and provide evidence that it cost them more.

        Comment


        • #5
          I see, thank you for your clarifications.

          I did feel intimidated, so I explained the reasons I did not
          commence employment with them and that I gave them plenty of
          notice of this. I offered to pay them 1000 to avoid going to
          court. However, as more than 10 days have passed, I should,
          perhaps, withdraw that offer because they are being unreasonable.

          Thanks.

          Comment


          • #6
            Originally posted by aBanana View Post
            I see, thank you for your clarifications.

            I did feel intimidated, so I explained the reasons I did not
            commence employment with them and that I gave them plenty of
            notice of this. I offered to pay them 1000 to avoid going to
            court. However, as more than 10 days have passed, I should,
            perhaps, withdraw that offer because they are being unreasonable.

            Thanks.
            Definitely withdraw the offer, don't offer them a penny and title all future correspondence "Without Prejudice Save As To Costs."
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Thanks Jaguarsuk I emailed them a letter this morning. They claim to have sent me an letter rejecting my offer to my email address which I hadn't received. This was only sent to me immediately this morning after sending my offer withdrawal. It says they want 1500, and for me to sign a non-disclosure agreement. It's likely that as I'm a PhD candidate in a department which is allied with the most reputable departments of cyber security they do not want to get a bad reputation for what they are doing to me (and may have done to others). It's very unfortunate. Perhaps I should not have made the offer in the first place, as I believe I was not in the wrong, tried to resolve the issues with them and gave them plenty of notice. Also I never actually started the role, which was agreed by email for the 19th of February.

              Comment


              • #8
                Originally posted by aBanana View Post
                Thanks Jaguarsuk I emailed them a letter this morning. They claim to have sent me an letter rejecting my offer to my email address which I hadn't received. This was only sent to me immediately this morning after sending my offer withdrawal. It says they want 1500, and for me to sign a non-disclosure agreement. It's likely that as I'm a PhD candidate in a department which is allied with the most reputable departments of cyber security they do not want to get a bad reputation for what they are doing to me (and may have done to others). It's very unfortunate. Perhaps I should not have made the offer in the first place, as I believe I was not in the wrong, tried to resolve the issues with them and gave them plenty of notice. Also I never actually started the role, which was agreed by email for the 19th of February.
                I think in response to the counter offer you need to write a letter to set out your position clearly regarding the validity of the employment contract, that you will not be making any payment to them or signing a non-disclosure agreement and that you now consider the matter closed.

                I would include a paragraph towards the end stating that you are not prepared to engage in any further sort of "horse trading" relating to any perceived settlement they think they are owed nor are you going to litigate via correspondence.
                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                Comment


                • #9
                  Because you offered them £1000 they have, correctly, assumed that you were intimidated by the solicitor's letter into thinking that they have a potential claim.

                  In your shoes I would stop communicating with them at this point.

                  Comment

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