Tag: Employment Law

Notice pay after termination of employment – when can it be withheld?

Case study – how we recovered a significant sum for notice pay on behalf of a client recently

 Kuldeep S. Clair, our senior Consultant Solicitor in Employment Law and Civil Disputes offers his views and tells the story of one of his recent cases:

This question commonly arises particularly when an employee does not have the right to claim unfair dismissal due to short length of service. Or otherwise, it may be especially important where the employee is lucky enough to be entitled to a lengthy period of notice, or has been on a high salary.

I advised a client recently who worked with a notice period of six months, as a lecturer at one of the country’s most reputable universities. She had initially been dismissed with notice and the university had intended to pay her ‘in lieu of notice’. Within a matter of days afterwards, an allegation was made that she had breached certain confidentiality requirements after the termination of her contract and that the notice pay was to be withheld.

My client disputed any breach. I advised that the suggestion of a breach was nonsense, and I wrote to say that unless any serious evidence of a breach was brought forward by the employer’s HR department, we required payment in full. There was aggravated correspondence between me and the employer; I set out the legal principles which applied, and it did not seem that the employer was disagreeing with anything much that I said, but their HR manager seemed to regard it as a matter to be proven by my client, with the burden of proof on her, rather than on the University.

We were forced to issue a ‘letter before action’ to demand payment of the notice pay, combining my thorough employment law knowledge with my civil litigation skills. I considered that this approach would be the best in ‘upping the stakes’ and extracting payment as quickly as possible. It would also give us the right to claim interest and court costs, if the employer continued to be so obstinate. This was particularly so, given the large amount in question, a substantial five-figure sum for six months pay for a lecturer in London.

We were met with a response from solicitors instructed by the University. This was a well-known respectable ‘Legal 500’ firm with offices around the country. Although their letter was over two pages long and sought to defend their client’s position vigorously on the face of it, it ended in the final very short paragraph by surrendering to our very reasonable demand and offering to pay the outstanding salary. Our client readily accepted, was delighted with the result, and she received payment a few days ago.

Moral and conclusion of the story:

It is always a good idea to seek advice early as to your entitlement in an employment dispute:

Is there a valid wrongful dismissal claim? In this case, the answer was yes – a very substantial claim.

Is there a valid unfair dismissal claim? This is a completely different question. Here the answer was ‘no’ – and we advised our employee-client accordingly from the beginning.

Here, the employer was even seeking to recover alleged losses from my client for the so-called breaches of confidentiality that had been committed by her. Until eventually caving in totally and paying what was due to her!

And more to the point, we managed to conclude the dispute without having to resort to proceedings, although we would have issued proceedings if necessary.

 

Kuldeep S. Clair

Consultant Solicitor

Employment, Dispute Resolution and Litigation

+44 (0) 7484 61 4090

kuldeep@sterlinglawyers.co.uk

 

Immigration Law

Applying for a Sponsor Licence

Unfortunately, very often applicants do not pay the necessary attention to the accuracy of the submitted documentation, avoiding the required procedures and rules. However, this can be a turning point in a decision-making process – and this is what happened to our Client.

One of the Sterling Law clients – an active company incorporated in London sought to employ a foreign worker (outside the EEA). The reason being that the foreign candidate possessed specific skills and knowledge required for a new project launched by the company. According to the British immigration law, in order to employ a foreign worker, a company has to have a Sponsor Licence. This is an obligatory rule which will enable the company to sponsor Tier 2 (work) visa.

Following this rule, our Client firstly applied for a Sponsor Licence on their own, without legal assistance. The application was rejected due to the reason that not all necessary documentation was provided and not in the correct format.

Our Client launched a start-up with a focus on medicine development, so they were not ready to give up that easily. The new application was made with the assistance of Sterling Law Immigration Lawyer Nataliya Varahash. Nataliya addressed and corrected all the issues raised in the rejection letter.

Nataliya, therefore, managed to achieve a positive decision for the business.

We are glad to announce that now our Client can develop their newly launched projects with the help of skillful foreign workers. We believe, that not only British society but the rest of the world will benefit from it, which would be impossible without the right people on board.

 

UK Immigration & Legal Assistance

For expert advice and assistance in relation to your particular case and to enquire about the legal fees, please contact our lawyers on

Tel. +44(0) 20 7822 8599

Mobile / Viber: +44 (0) 73 0584 8477

e-mail: contact@sterling-law.co.uk

or via our online appointment booking form.

 

Natalia Varahash, Immigration Lawyer (OISC Level 2)

Email: nataliya@sterling-law.co.uk

Tel. +44 (0) 20 7822 8535

Mob. +44 (0) 73 0598 9936

 

An Employment Law Victory – Substantial Compensation Achieved for Our Client

Sterling Law’s Employment Solicitor, Kuldeep Clair, dealt with a case over the past six months this year which resulted in a significant victory for our client.

Our British-born client had been working remotely in Latvia for a northern English company for almost 10 years. He resigned in December 2017 after serious allegations of negligence and incompetence were made, and his pay was cut by 25%.

We represented our client since after the resignation, and suspected that other motives were at play in the business’s very heavy-handed approach. The employer held out against any offer of compromise, and refused to take part in ACAS conciliation, both before and after tribunal proceedings were eventually issued.

The employer was represented by a large northern law firm; one of the most reputable and well-regarded commercial law firms in the country, and the tribunal hearing was set for today at Manchester Employment Tribunal. The employer resisted our claim with every argument possible, including the suggestion that English law did not apply to the employment contract, as our client was based abroad. This was legally nonsensical.

Eventually, we managed to obtain the five-figure sum satisfactory settlement that we were holding out for, at, would you believe, 5.55pm, two days before the hearing date. So the hearing did not prove to be necessary.

Our client was delighted with the outcome, although it was a pity that he had already made the journey all the way to Manchester from Latvia, and we had allocated our time for the hearing, and made our travel plans, bought our train tickets etc, by then.

It shows the value of tough negotiations where you have a good claim, which is presented and argued well by your lawyer, both in the documentation and the witness statements.

If you have any employment disputes and require a top quality legal advice on any employment matter, whether you are an employer or employee, please contact Kuldeep S. Clair, Consultant Solicitor and Advocate, directly:

Email: Kuldeep@sterlinglawyers.co.uk

Mobile: 07484 614090

Tel. 020 7822 8599