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Hi all, would be grateful for any help on the following issue:
I am bringing a claim against my employer for a breach of contract.
I have no written contract but loads and loads of emails from my employer, and conversations in front of other employees, who are willing to provide evidence for me, which support everything I say.
I have been employed for seven months on an ongoing series of tasks which, taken all together, make me quite a decent income. ON the basis of the ongoing work (and the promise of a lot more to come) I moved house (rented) to be closer to the job. My employer wrote a reference to the estate agents supporting the fact that I would be financially solvent enough to pay the rent (so she knew how much my rent would be). I also care for my disabled daughter. Again, something my employer knew. My life has been very difficult following my own business going bust due to the recession, and I had to declare bankruptcy. So things have been very tough for a long, long time, and this job has been a lifesaver.
To cut a long story short, I was expecting to work a certain number of hours through the summer. She took on a new employee to help with the workload and pow! - with no warning, suddenly cut the hours I had been expecting to work from 21 a week to 9.5 a week. I can't possibly manage financially on these hours.
I have contacted her several times via text and email (and tried to speak to her on the phone, and arrange a meeting at work, but she will not respond) and have had to resort to threatening to sue her for breach of contract. I have set out a list of what I think she owes me and sent it to her and asked her to respond within 14 days or I will start proceedings.
The thing is that I am drafting the particulars of claim and I want to know if I would be better claiming something in tort rather than breach of an oral contract. My understanding is that if I bring the claim for breach of contract I can't claim damages for emotional injury, ie the distress it has caused me - that I moved house for the job and now risk losing my house because I can't pay the rent, and the worry of how to provide for my daughter etc. So far I have only asked for the money I consider she agreed to pay me/that I expected to earn. Am I missing something?
Any helpful advice would be very welcome!
I am bringing a claim against my employer for a breach of contract.
I have no written contract but loads and loads of emails from my employer, and conversations in front of other employees, who are willing to provide evidence for me, which support everything I say.
I have been employed for seven months on an ongoing series of tasks which, taken all together, make me quite a decent income. ON the basis of the ongoing work (and the promise of a lot more to come) I moved house (rented) to be closer to the job. My employer wrote a reference to the estate agents supporting the fact that I would be financially solvent enough to pay the rent (so she knew how much my rent would be). I also care for my disabled daughter. Again, something my employer knew. My life has been very difficult following my own business going bust due to the recession, and I had to declare bankruptcy. So things have been very tough for a long, long time, and this job has been a lifesaver.
To cut a long story short, I was expecting to work a certain number of hours through the summer. She took on a new employee to help with the workload and pow! - with no warning, suddenly cut the hours I had been expecting to work from 21 a week to 9.5 a week. I can't possibly manage financially on these hours.
I have contacted her several times via text and email (and tried to speak to her on the phone, and arrange a meeting at work, but she will not respond) and have had to resort to threatening to sue her for breach of contract. I have set out a list of what I think she owes me and sent it to her and asked her to respond within 14 days or I will start proceedings.
The thing is that I am drafting the particulars of claim and I want to know if I would be better claiming something in tort rather than breach of an oral contract. My understanding is that if I bring the claim for breach of contract I can't claim damages for emotional injury, ie the distress it has caused me - that I moved house for the job and now risk losing my house because I can't pay the rent, and the worry of how to provide for my daughter etc. So far I have only asked for the money I consider she agreed to pay me/that I expected to earn. Am I missing something?
Any helpful advice would be very welcome!
