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Hello helpful community
this is long and complicated so if anyone actually gets to the end and can offer advice, I’d be surprised and extremely grateful. I guess my question is, have I got a case for a tribunal to claim back damages for mental health, Solicitor fees and other monies owed. It is against my former employer and I’ve just finished nearly 3 months notice, 2 of which on garden leave.
it all started I was headhunted by a competitor. I was relatively happy in my current job. But the boss had sold the company to a private investor who was having more involvement as the year wore on, this left me uncomortable. On top of I’d just moved house and mortgage had quadrupled, this was a lucrative offer I couldn’t turn down.
Initially my boss (who is staying on 2 years) took it well.
he spoke to new owner but couldn’t get anywhere near the competitor salary. They wished me well, told all the staff where I was going and even told customers I’m going with there blessing. I was to work my 3 month notice, helping with production (i was sales manager) fast forward a month. The same competitor also approached a young member of the sales team. He accepted the job based on the derisory salary the current company offered him to basically do my old job.
Thats when it all kicked off. we were both put on garden leave told that the restrictive covenant in our contracts prevents us joining a competitor for 6 months. (in theory it does but will explain later) they aggressively threaten us through this solicitor with court injunctions stopping us joining. Effectively making us unemployed. The new company solicitors reply on our behalf. Telling them that there contracts are not enforceable. They are far too broad and poorly drafted.
The current company then doesnt pay us over christmas leaving me broke, stressed and extremely anxious.
in fact they dont pay us until 3rd Jan. meaning all my DD bounced including mortgage. Again im devastated, ive just moved into this house, im thinking i need to sell the family home. An important detail and one im not particularly proud of is, the first week of January, the new owner instructed a 3rd party I.T expert to search my PC. They found a few downloads customer lists etc. Again receive another solicitor letter, they changed solicitors for some reason. in light of this new information against me, I seek my own legal advice. i pay a lot of money for a very good employment Solicitor.
He tells them whilst he sympathises they need to protect their interests he says the fact ive owned up to it and will return the downloads removes the threat. He also absolutely destroys their contract, saying amongst other things it's been drafted by HR and has no legal standing. My company then pay me late again for Jan, knowing full well my DD will bounce. Also they deduct 695 for training. when questioned they mention a flimsy clause in the contract. My solicitor has told them in no uncertain terms that they have fundamentally breached contract and its now void. They are still attempting to stop me but I start Monday and ive had 3 solicitors letters threatening injunctions. My Solicitor is adamant it would be rejected by a judge. Since all this I had a near breakdown. seen thd doctor got prescribed Diazepam, had 3 mental health sessions. I want to take them to a tribunal for damages to my mental health, late payments, unlawfully deducted695.
115 bank charges. 2k solicitor costs so far and possibly a 2k payrise promised me in writing in September that never happened. My question have I got a case?
this is long and complicated so if anyone actually gets to the end and can offer advice, I’d be surprised and extremely grateful. I guess my question is, have I got a case for a tribunal to claim back damages for mental health, Solicitor fees and other monies owed. It is against my former employer and I’ve just finished nearly 3 months notice, 2 of which on garden leave.
it all started I was headhunted by a competitor. I was relatively happy in my current job. But the boss had sold the company to a private investor who was having more involvement as the year wore on, this left me uncomortable. On top of I’d just moved house and mortgage had quadrupled, this was a lucrative offer I couldn’t turn down.
Initially my boss (who is staying on 2 years) took it well.
he spoke to new owner but couldn’t get anywhere near the competitor salary. They wished me well, told all the staff where I was going and even told customers I’m going with there blessing. I was to work my 3 month notice, helping with production (i was sales manager) fast forward a month. The same competitor also approached a young member of the sales team. He accepted the job based on the derisory salary the current company offered him to basically do my old job.
Thats when it all kicked off. we were both put on garden leave told that the restrictive covenant in our contracts prevents us joining a competitor for 6 months. (in theory it does but will explain later) they aggressively threaten us through this solicitor with court injunctions stopping us joining. Effectively making us unemployed. The new company solicitors reply on our behalf. Telling them that there contracts are not enforceable. They are far too broad and poorly drafted.
The current company then doesnt pay us over christmas leaving me broke, stressed and extremely anxious.
in fact they dont pay us until 3rd Jan. meaning all my DD bounced including mortgage. Again im devastated, ive just moved into this house, im thinking i need to sell the family home. An important detail and one im not particularly proud of is, the first week of January, the new owner instructed a 3rd party I.T expert to search my PC. They found a few downloads customer lists etc. Again receive another solicitor letter, they changed solicitors for some reason. in light of this new information against me, I seek my own legal advice. i pay a lot of money for a very good employment Solicitor.
He tells them whilst he sympathises they need to protect their interests he says the fact ive owned up to it and will return the downloads removes the threat. He also absolutely destroys their contract, saying amongst other things it's been drafted by HR and has no legal standing. My company then pay me late again for Jan, knowing full well my DD will bounce. Also they deduct 695 for training. when questioned they mention a flimsy clause in the contract. My solicitor has told them in no uncertain terms that they have fundamentally breached contract and its now void. They are still attempting to stop me but I start Monday and ive had 3 solicitors letters threatening injunctions. My Solicitor is adamant it would be rejected by a judge. Since all this I had a near breakdown. seen thd doctor got prescribed Diazepam, had 3 mental health sessions. I want to take them to a tribunal for damages to my mental health, late payments, unlawfully deducted695.
115 bank charges. 2k solicitor costs so far and possibly a 2k payrise promised me in writing in September that never happened. My question have I got a case?
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