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Legal matters

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Please help

9 replies

Bellaluna1 · 25/01/2023 21:25

Hi any advice would be amazing

OK long story short.

I handed my notice in at work on the 2nd January (yup in person and on a bank holiday) my boss did not take it to well as I was performing well and bringing a lot of money into the company. He asked me to work my notice, I then received an email in the morning asking for me to return, phone, laptop and vehicle and await further instructions.

I done this and emailed him asking if I was still employed he said I am even though I now had no means of working so I kept asking whether I was on garden leave, we had a couple of heated emails but he ignored my question. On the 6th January I received an email saying I do not need to work notice and I would be receiving a lawyers letter.

Last week I received a long letter from a lawyer stating that I needed to respond by last Friday as my old employer needed the information to decide whether to take case to high court. The letter was full of untrue statements so I responded on time highlighting the untrue facts and correcting them stating I had evidence to prove my case.

Today I have received an email from my old employer copying in the solicitor asking for copies of ally evidence.

Should I send it?

Should I reply stating its readily available if the case goes to court but is private (some of it is such as what's app messages and invoices from a previous employer)

Or should I ignore his email?

I'm stuck I don't want to go to court but he still owes me a lot of money.

Any advice would be greatly appreciated x

OP posts:
Isanyholeagoal · 25/01/2023 21:27

What is he saying he is taking you to court for exactly?

Eyesopenwideawake · 25/01/2023 21:28

He's probably bullshitting you (high court??) but to be on the safe side you need to get professional legal advice.

Talk to a solicitor who specialises in employment law ASAP.

VanCleefArpels · 25/01/2023 21:34

What are you bring a used of exactly? Have you been paid in lieu of Notice? Holiday pay?

VanCleefArpels · 25/01/2023 21:34

*accused

Downtown36 · 25/01/2023 21:41

Speak to ACAS - they provide free and impartial advice and will be able to help you. Don’t respond before you’ve spoken to them.

Bellaluna1 · 25/01/2023 22:30

Thank you. Basically I went back to my old company as missed them. He has been looking at my linkedin page accusing me of poaching his clients. But they were my old companies contacts long before his and they follow me where ever I go.

He has also staged photos of me where I have proof I am else where for example has sent a cctv still of me returning company vehicle at 9.30 where I have photo proof of my user journey home long before.

He only owes me a weeks pay as I wouldn't have accrued much holiday and also a large amount of commission.

I stupidly signed a nda agreement which is in force until 2040 (18 years) but I have been told that as this is for such a large time frame it would void the contract (I was only employed for 3 and a half months)

My worry is he is stating he wants my evidence to decide whether to take me to High court (his words) or not and ignoring it may want him to do this but then giving him my evidence is like putting all my cards on the table

OP posts:
prh47bridge · 25/01/2023 23:03

The Practice Direction on Pre-Action Conduct requires both parties to disclose key documents relevant to the issues in dispute before proceedings commence. He should disclose the key documents on which he intends to rely, and you should provide copies of any documents he has requested.

In essence, both parties are required to put all their cards on the table before the case gets to court. You cannot hold back evidence and then spring it on the other side in the hearing.

Also, if you can show that you have evidence that undermines his claims, he is unlikely to take it to court. It is therefore in your interests to disclose your evidence.

Downtown36 · 26/01/2023 05:50

Please seek advice from ACAS first before disclosing anything.

vasovinga · 26/01/2023 13:05

@Bellaluna1 there's a poster on MN who is an employment lawyer ,@JennyForeigner .Maybe they could help ?

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