******* ******* **** face ******* of a boss!!
- Thread starter dem maser
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Be good if they can waive it immediately, Dem, but otherwise your pay-off will need to at least cover the period of time when you're prohibited from working. Good ol' gardening leave (albeit at a bad time of year for dong much in the garden). In any case don't let them use it as a bargaining chip because you'll get it anyway. 
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It's all about the money, money, money. (Just like in that song.)
Elliott653
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My Mrs the employment lawyer writes: that it sounds like unfair dismissal in which case, as your employer breached your employment contract, he can't rely on post termination restrictive covenants (stopping you working elsewhere). You are entitled to accept his fundamental breach of contract. You are entitled to be paid notice and if employed more than a year (or 2 - depends on dates as the law changed) and to claim compensation for any losses as a result of the unfair dismissal - but your lawyer will explain all that.
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What kind of losses might reasonably be construed as arising in a case like Dem's, Elliott? I can only think of legal costs but wonder whether indirect costs could also qualify? That said, I'm struggling to think of any indirect costs, either!
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Good thought, Catman. Based on historical or projected earning based on pipeline / forecast... To restrict a payout to be based solely on basic salary would seem unfair.
TridentTested
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Okay perhaps 'walk away' is a bit too radical and I see from recent posts it looks like Dem has found a good balance: some job offers coming in and a meeting with proper legal advice in the offing.
I obviously don't know all Dem's circumstances and I can only go on my own experience. When I sued my previous employer for constructive dismissal and non-payment of bonus I was in a very good position: my case was about as black and white as any breach of contract case can be, I was forewarned this might happen and had spent the previous six months preparing by taking copies of all the documents I would need, I had no mortgage, I had no kids at the time, I had free advice from a friend who is a senior barrister specialising in contract law, my partner was in full-time well paid employment and I had recently had an inheritance so was well funded. I was in the perfect position to take them on.
Even though I was holding all the cards and they quickly capitulated it still took me over six months to reach settlement and receive the funds. For those six months that litigation was my entire life, I worked on it night and day: meetings with solicitors, barristers, accountants, former colleagues, negotiated settlement with HMRC, endless correspondence etc etc. If I had had a mortgage and kids to support I couldn't have done it.
It is because Dem has commitments to support that I would caution him not to be sucked too far down this road, not to be sucked into revenge. By all means he should get whatever salary and bonus is due to him and I hope his legal advice tomorrow will put him on the right road but it is too easy to let these cases take over your entire life when you need to move on and start earning again.
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TridentTested
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Dem,
In my case I claimed for non-payment of the bonus which was due (they were paid in arrears), I claimed for a month's worth of salary and the portion of the current year's bonus which would be due if I had remained in their employment the following year. Obviously I had no way of quantifying that, I simply based it on the previous year's figures and stuck in a pro-rata claim.
In the negotiations I was happy to let that one go - because it was unquantifiable - but it helped focus the other party's mind.
Good luck with the meeting tomorrow. We are all eagerly awaiting your news.
hodroyd
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Dem,
Ditto to all that has been said by others. The very best of luck with your winning battle, you have a strong hand, but make it plain to your legal advisors, that you do not want this to run on for months, any result has to be quick and painless for you, then let them get the results on that basis.
Cheers
R
Ditto to all that has been said by others. The very best of luck with your winning battle, you have a strong hand, but make it plain to your legal advisors, that you do not want this to run on for months, any result has to be quick and painless for you, then let them get the results on that basis.
Cheers
R
I saw the solicitor yesterday....
She tells me im entitled and can easily get 3 months pay out of them and all my comms paid in full.
Will even get them to pay her fees!!
Told me not to worry reg the stipulation in my contract that i cant work in enfield....all this will be settled out of court....she fired a letter off yesterday and wait to hear.....
Went on an int today and also await an answer.....as for getting a job asap, she recommended me to get back in employment as 3 months pay is virtually a given.....
She tells me im entitled and can easily get 3 months pay out of them and all my comms paid in full.
Will even get them to pay her fees!!
Told me not to worry reg the stipulation in my contract that i cant work in enfield....all this will be settled out of court....she fired a letter off yesterday and wait to hear.....
Went on an int today and also await an answer.....as for getting a job asap, she recommended me to get back in employment as 3 months pay is virtually a given.....
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Sounds like good progress, Dem. Best of luck for a speedy, painless and lucrative settlement!