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Original poster

Dh being sued for breach of contract - £15000

30 replies

Joewasmyfave · 28/10/2022 20:45

Can anyone please advise we are seeing solicitor next week but would like to know likely where we stand.
Dh is an electrician. Been in role less than 2 year wasn't enjoying it recently was affecting his mental health. Anyway was offered another role. Was owed 2 weeks hols so tried to negotiate using hols and finishing 2 weeks earlier but boss said no and that he wouldn't be paying holidays owed either.
Tried a few times to sort something out but ultimately dh left after only serving a weeks notice so 3 weeks earlier than he should.
Employers owed him 3 weeks wages plus the holiday pay which they won't pay and they've sent a letter to say they are suing him for 15000 as loss of earning as he didn't work last 3 weeks?

OP posts:
Original poster
Joewasmyfave · 28/10/2022 21:22

Bumping in case of any help

OP posts:
glitterfarts · 28/10/2022 21:40

Call ACAS on Monday.

I think he'd have a good defence in that the boss said they wouldn't be paying him out his owed annual leave, so he left. Boss breached the contract first.

WeAreTheHeroes · 28/10/2022 21:44

Speak to ACAS. I doubt what they are saying will fly.

ButtOutBobsMum · 28/10/2022 21:45

NEVER take legal advice from mumsnet! As well meaning as people are they are invariably wrong. Get a consultation with a lawyer to find out where you stand. Also check your house contents insurance to see whether you have legal expense cover. Good luck 🍀

eurochick · 28/10/2022 22:06

In theory this sort of claim is possible. In practice, it is rare. To succeed the company would have to demonstrate that they had tried to mitigate their loss (for example by hiring someone else or getting a temp in to cover the contract). I suspect it is bad tempered posturing by a shit boss who won't actually go through with it, but it is worth getting a lawyer lined up in case.

Lisagreen12 · 28/10/2022 22:08

Where has £15,000 come from? Does he earn 5k a week?

PinkFrogss · 28/10/2022 22:13

Sounds like they’re having you on and trying their luck, they’d have to evidence how they came to £15k - which is a lot to pay for 3 weeks cover.

Not to mention other factors such as holiday etc.

As pps have said, call ACAS but try not to worry too much OP

NotSonicTheHedgehog · 28/10/2022 22:29

It is a breach of contract to not work contractual notice so you’d want to check what the contact says. However employers hardly ever pursue it as it just isn’t worth the legal fees and hassle. Employer also has to pay you for any holiday you’re legally entitled to, even if you’re terminated for gross misconduct

MajorCarolDanvers · 28/10/2022 23:00

ACAS and a solicitor

They'd have to evidence that they lost £15,000 worth of business as a result of him breaching the contract.

Unless they can do that they try not to worry.

KnickerlessParsons · 28/10/2022 23:11

I'm assuming the employer couldn't fulfill job that would have earned the company £15k, and so they are suing DH for that amount. Seems fair enough, even though they started it by refusing to pay holiday pay.

Augend23 · 28/10/2022 23:13

KnickerlessParsons · 28/10/2022 23:11

I'm assuming the employer couldn't fulfill job that would have earned the company £15k, and so they are suing DH for that amount. Seems fair enough, even though they started it by refusing to pay holiday pay.

Doesn't the fact that they started it by breaching the contract make it blatently Not fair enough?

KnickerlessParsons · 28/10/2022 23:28

I agree, the employer wasn't being fair. However I wouldn't have walked away without working my notice.

Augend23 · 28/10/2022 23:31

KnickerlessParsons · 28/10/2022 23:28

I agree, the employer wasn't being fair. However I wouldn't have walked away without working my notice.

No agreed, nor would I. And I definitely don't know the legal position. I just don't think it's a fair.

PyongyangKipperbang · 28/10/2022 23:32

They know they owe him wages and accrued holiday and were trying to get him to work full notice and then not pay it. He called their bluff and quit. That has worried them so now they are threatening to sue so he backs down on his wages and holiday owed.

I would definitly speak to ACAS and a lawyer but it will likely come down to them agreeing to pay what he is owed rather than risk you counter suing....as they will well know. You can bet your ass they havent had legal advice on this!!

katmarie · 28/10/2022 23:42

Check your house insurance for legal cover, mine specifically mentions employment issues.

prh47bridge · 29/10/2022 00:59

The company was required to either allow him to take his holiday or pay him for the unused days. The boss insisting he couldn't take the holiday owed and that it wouldn't be paid is clearly wrong.

In calculating any loss of earnings, they can't simply take the income they would have got if your husband had worked. They must deduct from that any VAT they would have had to pay, your husband's wages and any other costs they would have incurred. I would be very surprised if that left them with £15k. If it does, I'm in the wrong job! They also have to show that they have tried to mitigate their loss, e.g. by hiring another electrician temporarily to cover the weeks in question. This kind of claim by an employer rarely succeeds.

You can't make them pay for the weeks your husband didn't work, but he can (and probably should) cross claim for any unpaid wages and holiday pay.

NalaNana · 29/10/2022 01:07

Google constructive dismissal. He might not have the best case for it but it's something to go back at the employer with. They committed a serious breach in refusing to pay holidays, forcing him to leave before working the notice. He now has a (potential) claim against them 🤷🏻‍♀️

MajorCarolDanvers · 29/10/2022 01:22

NalaNana · 29/10/2022 01:07

Google constructive dismissal. He might not have the best case for it but it's something to go back at the employer with. They committed a serious breach in refusing to pay holidays, forcing him to leave before working the notice. He now has a (potential) claim against them 🤷🏻‍♀️

He has less than 2 years service so no right to claim this.

MavisChunch29 · 29/10/2022 05:02

Sounds more like wrongful dismissal where no minimum working period is required. Simple breach of contract on the part of the employer.

PinkFrogss · 29/10/2022 08:44

It would be very surprising if they genuinely lost £15k from your husband not working for 3 weeks.

I would expect that sort of role to have a much longer notice period, and if the company is handling that kind of contract then they’re very poorly set up for staff sickness etc and have probably lost a lot of money over time.

KnickerlessParsons · 29/10/2022 10:28

I don't think you can correct one wrong by committing another one.

Your DH could legally pursue the loss of holiday pay etc and the employer could pursue the leaving before end of notice period.

Both parties have a relevant argument but both issues would be considered independently.

Original poster
Joewasmyfave · 29/10/2022 12:39

From what I've read the some costs incurred would make sense for hiring a temp to cover the work but they've not done that. They've not provided a break down of the 15k just that they'll see us in court?!

OP posts:
Original poster
Joewasmyfave · 29/10/2022 12:42

Would we need to wait until they take it to court or if we spoke to a solicitor to a draft a letter to them regarding providing breakdown of the 15k?
I'm expecting so just don't want to stress atm even if unlikely would be a peace of mind to have a line drawn under it?

OP posts:
1Wanda1 · 29/10/2022 12:45

What does his contract of employment say about right to be paid for unused holiday allowance?

prh47bridge · 29/10/2022 12:55

You don't need to do anything until they issue proceedings. Ignore. Even better, get on the front foot by starting a claim against them for the money they owe your husband.

What does his contract of employment say about right to be paid for unused holiday allowance?

The contract is irrelevant as far as the statutory holiday allowance is concerned. The employer must pay for any untaken statutory holiday. If the employer is giving more than the statutory minimum, they may be able to impose terms around the additional holiday - the law isn't entirely clear on this point. But for the statutory minimum there is no choice. The law overrides any contractual terms.

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