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Resignation, Garden Leave and Legal Letter for Damages

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  • Resignation, Garden Leave and Legal Letter for Damages

    Hello All

    I am very new to this site and could really do with some advice, thank you in advance.

    I resigned my senior position giving the notice required, earlier this year. The situation had been very difficult for some time through the actions or no action of the head of the Company, in fact for a couple of years. I explained why I was leaving and then I was offered another role which would have resolved many of the issues. However, nothing was said about this after an initial meeting. The situation then became untenable to the extreme.

    In month 5 of the 6 months notice I was put on Garden Leave. On the day of my termination I then received a letter from the Company solicitor stating that I had caused my employer losses in IP and they could now not effectively run the business without it. It states they are with holding my last salary payment and are looking to claim damages. I have not done what they are accusing me of, none of the information provided to the solicitor is factual.

    I responded to the letter stating the allegations were false and I requested evidence, which I knew they wouldn't be able to provide without fabricating it. No response after two weeks.

    At the end of my garden leave I am then told by several individuals that what I could only describe as slanderous comments are being made about me internally and externally.

    Under advisement of a professional I sent a letter requesting an update on the situation to the company solicitor. Still no response.

    My questions are:

    Can my ex-employer withhold all of my last salary payment without evidence of the alleged situation and without my agreement? If yes, does this mean I need to seek legal assistance? If I don't receive a response, do I just leave it or should I seek confirmation that it is not being taken further and quite frankly ask for an apology.

    Thanks again
    Tags: None

  • #2
    If the withholding of your wages occurred more than 3 months (less a day) ago, you are out of time for making an employment tribunal claim for unlawful deduction of wages, unless you can come up with a very good reason for delaying.

    Answers to your questions in order
    1 no
    2 n/a - as no to 1
    3 Up to you

    I would say, however, that if you do nothing, you may well be on the wrong end of a claim in damage by your ex employer.


    • #3
      If you are outside the three month time limit you can initiate a claim in the county court for breach of contract


      • #4
        Thank you for the advice. It's only just happened, this month. I have chased the solicitor for confirmation they have received my original response, no response back as of yet. Do they have to respond to me or does it depend on what their client says? Just frustrating that they have chosen to do this and now I hear nothing.


        • #5
          No - the solicitor firm does not have to respond to you - you need to consider making a claim against your former employer.


          • #6
            Thank you so much for your advice.


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