Can Former Employer Counter-claim

[Binuchander]

Thank you ULA - I do appreciate your responses.

Please may I ask one more question?

Another thought I had was to make an application to the ET to amend my ET1 and instead of alleging breech of contract, alter it to an unlawful deduction of wages claim. It has been about 10 weeks since I sent in my original ET1 and about 6 weeks since I received back the ET3 with employer's contract claim.
Is it possible the ET would accept my proposed amendment? Would that then mean that employer's contract claim would be dismissed?

[ULA]

Your post#1 states that you made a claim for unpaid wages "The amount I am claiming in underpaid wages is around £1000" This is effectively a claim for an unlawful deduction of wages. So I am a bot confused about your question.

[Binuchander]

Thanks for the quick response ULA - If you look at post 15 I did (rather foolishly) quote breach of contract rather than unlawful deduction of wages - so my question now is, if I apply to amend the claim to unlawful deduction of wages rather than breach of contract - is it possible the ET would consider that acceptable and would that then theoretically strike out the respondent's counter claim?

[ULA]

You state in #15 breach of contract leading to unlawful deduction of wages. Assumed you had stated that as the full details of this claim.

I am sorry to say I cannot answer the question. You can make an application to amend your claim which you would have to copy the respondent. This would have to be considered by the ET and if you were successful, whether that would strike out the counter claim I have no idea - sorry.

[Binuchander]

Thank you ULA - I appreciate you getting back to me

[Binuchander]

Another thought that I had was that my previous employer changed my contract in 2022 (one year before I resigned). Under this new contract, they did enforce pro rata bank holidays and due to the three bank holidays in May 2023, made some agreed deductions to my wages from the bit of the salary that they did pay me in May 2023 (my last working month).
Would the fact that I agreed the new contract in 2022 invalidate any potential claim they may have under my previous contract?

[ULA]

You have more than one contract during your employment, each of which needs to be considered on the contractual terms in operation during the relevant period of your employment.