Enforcing a settlement agreement

[coldheartwarmhands]

Has anyone got experience of applying to civil court in relation to breech of a settlement agreement put in place at termination of employment ?

My former employer has spectacularly failed to meet any of the requirements set out and I'm owed money into the £thousands and return of personal possessions to the value of several hundred £. He's had plenty of time and the deadline in the agreement is now passed.

My fabulous solicitor is more than willing to do what is necessary legally, and I fully intend to go ahead and pursue this but I wondered what the timeline and emotional cost is likely to be. I just want to move on to be honest, even though I'm not in the least bit surprised he's done this

Anyone?

I’ve not been through this but I’d try not to invest too much emotional time if you’re going through the civil courts as it does not guarantee that you’ll get a penny back.

Thanks jilted

What pisses me off most is that even if he ignores the terms of the agreement, I'm still bound by them - so I'd have been better off not bothering to settle in the first place!

YOu may not be bound by the terms if the other party has breached them - it might say you will do XYZ provided employer pays etc.

It is rare that they do not pay etc. Go on Comapneis House and check if they have just gone into administration and try some web searches on them. Tell them unless they pay in 48 hours by bank transfer you will serve a notice to wind up the company (if they are a limited company) or sue them. Send by email and special delivery your letter.

if he is just a day later it may be that they have just not got the money tranfer through yet but I would keep on top of it and chase them. Also let them know what interest is running on the sums due too. If they are a limited company and not gone bust you should ultimately be able to send in baililffs to take things of theirs, perhaps charge properties they own, if they own any and that kind of thing.