Settlement Agreement - Now Court Proceedings...

[Help_Sought]

Evening all,

I had an issue with my employer and we reached a settlement agreement. They failed to pay the agreed amount and so I issued proceedings on the back of the advice I was given by the solicitor acting for me in that matter. It's now spiralled and my previous employer alleges gross misconduct in the defence. It is causing great stress and I would like to enter WP discussions to reach a conclusion quickly. I intend to send a WP letter to their solicitor and an open letter (amended from the WP) to their solicitor too.

Do I need to send a copy of the open letter to the court? Or is the fact it is official between myself and the letter sufficient?

I know I should have a solicitor dealing with this for me, however I can't afford the same and need to bring this to a close as quickly and cheaply as possible. The money owed is not important to me when I weigh up the stress this is causing.

If anyone knows a lawyer prepared to deal/ support me on a CFA/ no win, no fee basis I would be most grateful.

Thanks in advance all!

[ULA]

Can you anonymise the Settlement Agreeement (SA) and post it up here please. Just need to see if a subsequent finding of an act of gross misconduct invalidates the SA.

When did they say that the act of gross misconduct came to light? Need to establish when this was in relation to the timescales for paying you as agreed in the SA.

[Help_Sought]

Can you anonymise the Settlement Agreeement (SA) and post it up here please. Just need to see if a subsequent finding of an act of gross misconduct invalidates the SA.

When did they say that the act of gross misconduct came to light? Need to establish when this was in relation to the timescales for paying you as agreed in the SA.

Hi Ula, Thanks for the reply. Apologies for the delay in returning to you. I was hoping for a notification of some sort to let me know someone had responded and am only just checking back now.

I'll get the anonymised SA ASAP. In the meantime, they allege that documents that were accessed and downloaded before we made the SA are the breach and Gross Misconduct. The SA said that any confidential material needed to be deleted/ returned etc and I have confirmed as part of the SA and a statement post signing that I don't have access to the material and haven't/ wont use it.

My employment ending was not smooth and the SA included a sum of money to be paid to me, which I don't feel they wanted to pay but agreed to to resolve a grievance and they are now trying to find a way out of not paying it. I don't think they envisaged I would issue proceedings (and I never wanted to do the same in truth) but their failure to respond left me with no alternative than to force action. They are angered I have since joined a business operating in the same industry.

I am now in a position that even if successful in my case, the costs would out way the claim as they would not be proportionate to the value sought and therefore likely reduced. I estimate that even if I win and get a proportion of costs, I will still be Ł4k down. But lose, and I would not only have my own costs, but theirs for defending too. So I am now in WP discussions to resolve for purely commercial purposes. As per my original post, it is more important for me to bring this matter to a close, rather than come out with the money I claimed. I know that seems crazy, but it's just how I feel.

They have asked for an agreement of undertakings and witness statement to prevent the obtaining of an injunction. I have suggested an adapted version of their undertakings (I feel it leaves me open to their costs) and they are still threatening to obtain the injunction, which again will add further costs to this spiralling matter.

All very stressful and certainly not what was intended.

Would the SA still be useful, or does the above help?

Thanks again,
"HELP_SOUGHT"

[ULA]

I am not sure that their argument about the documents would hold water, given that you signed the SA effectively confirming that "confidential material needed to be deleted/ returned etc and I have confirmed as part of the SA and a statement post signing that I don't have access to the material and haven't/ wont use it."

How much is the value of the claim? As I understand it if it is below Ł10k then this is dealt with by the small claims court and neither side will be able to claim the cost of any legal fees.

Where has an injunction come into this?

[Help_Sought]

Hi Ula,

Thank you again for your response; appreciated.

The claim is for just over Ł10k, so I envisage it will be allocated to the Fast Track and therefore costs will apply (albeit proportionate to the value of the claim). My maths is based on my costs of Ł20k if it runs to a hearing (estimated) and recovering around Ł6k of the same. Of the Ł14k remaining, I'd take out the Ł10k owed, leaving the balance of Ł4k.

The injunction (whilst not yet sought to my knowledge) is because they think I have access to the documents still and want to prevent any misuse. I understand and actually agree with them; other than that I don't have the documents! I have provided a witness statement, endorsed with a statement of truth to confirm the same and I am hoping that is sufficient to remove these fears. If they proceed to obtain an injunction, and enforce the costs of doing so on me, I have an argument to the same as they are acting unreasonable.

I have written a letter to their lawyer, refuting their allegations of any misconduct or breach of the agreement, however still offering to accept a reduced figure on a WP save as to costs basis, in order to bring matters to a close. I want to show I am being reasonable, should it get to a hearing.

It's a very frustrating situation, and one I just want to move on from!

"HELP_SOUGHT"

[ULA]

As you say a claim this claim may well be allocated to Fast Track and this does lead to the potential of recovery of legals costs.

Unfortunately this is not something I have a great deal of experience of, I am an employment person. I do know though, that with litigation, if you can reach a settlement that you are happy, with then that would be a good way to try to resolve this.

If you would like me to tag some of our other volunteers who have more experience in this area to this thread then let me know.

[Help_Sought]

Hi Ula,

Thanks again for your reply.

Feel free to tag away; I'll take all of the support, advice, help etc I can! In the meantime, I am trying to reach an agreement without the need for increased costs (on both sides to balance up the possibility of losing) and to prevent having to go through legal docs, which I can't afford to seek professional help on and therefore, it takes me a while to do things and undoubtedly I'll make a mistake somewhere. After all, there is a reason people train for years to be able to practice!

I've got a copy of the defence (directly from the defendant) - I'm just trying to work out when the time for me to reply, or complete the next action ends. I think I need to wait for a sealed copy from the court and they will advise on next steps within that correspondence, but I can't find a definitive answer at the moment :-/

"HELP_SOUGHT"

[ULA]

Tag MIKE770

[Help_Sought]

Hi Ula, thanks for tagging another user. Nice to virtually meet you @MIKE770

By way of an update, my open letter has been responded to and my WP save as to costs offer letter ignored (well at least in any official capacity). They maintain a material breach of the agreement on my part by accessing documents before the agreement was made. They are referencing a letter to me (post accessing of some documents, but received before accessing others) stating “you must not carry out work".

My offer was to remove their legal costs from the Settlement figure and to pay me the balance. Effectively meaning they are no worse off than if they paid me initially. The offer was not responded to, but they have clearly considered the same, as they have referenced their costs standing at Ł5k (inc disb and VAT) which they invite me to pay and discontinue.

Notwithstanding that I don't see why I should (I only issued proceedings because they never advised why they hadn't paid), I can't afford to pay the fees. Even if I wanted to, to make this stressful mess disappear.

If I was to formally propose that I withdraw the claim, but they bear their own costs (they would be c.Ł5k "up" from what they should have paid me, how likely do you think they are to accept the same? It would mean I walk away with nothing, but also mean I can put matters behind me and move on with no costs from them. Or would this show a sign of weakness that they would exploit?

Would appreciate any advice!

Thanks


"HELP_SOUGHT"

[ULA]

Tag des8 can you provide any advice on this one please? Thanks Ula

[des8]

Find this all a bit confusing!

Is your claim for specific performance of the agreement (ie payment of agreed amount) or for damages for breach of contract?
The PAP for breach of contract is quite simple, so are you sure your solicitor's letter was inadequate?

You state: "They maintain a material breach of the agreement on my part by accessing documents before the agreement was made"
Is this part of their defence?
I don't see how you can breach an agreement before it was made

It seems that they are successfully pressurising you by their greater knowledge of procedures etc, to such an extent that you wish to withdraw completely and lose your agreement settlement, and even contemplate meeting some of their costs.

If you can stand the pressure it might be worth calling their bluff, and telling them that if they won't agree to both sides bearing their own costs you will continue with the claim.

Perhaps R0b has some4 suggestions

[R0b]

(1) Without understanding the contents of the SA and what undertakings/obligations were given and (2) knowing the contents of the defence, I can't really make much comment.

Gross misconduct would not invalidate the SA unless there was something in there that allows them to not pay any compensation if certain breaches/non-compliance have occurred.

Curious, when you issued a claim, did you allege breach of the settlement agreement?

If you can post up the anonymised SA and the defence might be in a better position to see where you stand.

[Help_Sought]

Hi des8

It is for breach of a settlement, for a fixed amount agreed (if that makes sense).

My solicitor emailed the defendants then representative to say I would be filing a claim if they didn't pay the agreed amount or provide explanation. The accessing of documents prior to signing the agreement, is part of the defence yes.

R0b - yes, they were informed they are in breach of agreement.

I would love to hold my nerve, believing I am right, however their financial muscle and professional representation versus mine is something I feel will ultimately go against me.

I have a new job and it is more important to me to lose the stress of this situation, even if that forfeits the money owed.

I'll try to sort out the anon. agreements (I only have PDF and software limitations).

Thank you for the replies and information.

[MIKE770]

sorry I missed this one:-