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Any lawyers on here?

2K views 27 replies 13 participants last post by  Tricky 
#1 ·
I've just been made redundant due to this coronavirus situation we're in. My employer of 17 years realised they never had me sign my updated employment contract which has a restrictive covenant clause which states I'm prohibited from contacting any of my old clients for 6 months. Meaning they can't enforce the terms of that contract.

Two days before the end of my employment they sent me an agreement similar to what it says in the contract and said if I don't sign it, they won't pay a penny of my redundancy money. I have refused.

I've since had an employment law firm take my case who will bring a claim against my employer, but this will cost me around £5k and take months potentially.

Then I had a thought pop into my head this evening. If they force me to sign their agreement, then surely it must be null and void as I am signing it under duress? As far as I know, no contract signed under duress is enforceable. This way I get to keep all my hard earned money and not pay a solicitor thousands for nothing.

Can anyone shed some light?
 
#4 ·
If its statutory redundancy, its compulsory to pay, not discretionary. If its enhanced then there are a lot factors that play into it

The restricted covenant, if you breach it, technically they could sue but would they invest time and money to do that? They could contact your next employer but if you gave your side of the story, the likely hood it affecting your next employment is slim
 
#11 ·
Before paying over £5k, are you a member of a trade union? Alternatively, it may be worth checking your home insurance policy. Many of them cover legal expenses and may cover employment issues. Another avenue you could go down in Citizen's Advice, although I'm not sure how competent their advice is.

Depending on what field you're in, it might be worth giving serious thought to whether you would need to contact ex clients. If you're unlikely to contact them, it might be worth just signing the agreement if it results in an enhanced payout.

Hope it works out for you.
 
#12 ·
The easiest, cheapest and quickest way to get my money would be to sign the contract. The thing I'm trying to ascertain is, if I did sign it now, as far as I can see it still wouldn't be binding as I was forced to sign it under duress.

If I did poach any of their clients and they took legal action, I can't see any magistrate or judge upholding it if they find out they unlawfully kept my redundancy money because their house wasn't in order.

I'm not immediately planning on contacting my old clients, but I need to keep it as an option as I might start my own business. Plus, I'm not going to give those c*nts the satisfaction of doing me in any further if I can help it.
 
#13 ·
The easiest, cheapest and quickest way to get my money would be to sign the contract. The thing I'm trying to ascertain is, if I did sign it now, as far as I can see it still wouldn't be binding as I was forced to sign it under duress.

If I did poach any of their clients and they took legal action, I can't see any magistrate or judge upholding it if they find out they unlawfully kept my redundancy money because their house wasn't in order.

I'm not immediately planning on contacting my old clients, but I need to keep it as an option as I might start my own business. Plus, I'm not going to give those c*nts the satisfaction of doing me in any further if I can help it.
The issue you may have, is if they didn't pay you statutory redundancy, no matter how unlawful, if they are in a poor financial position they may cease to exist whether in their current form or any future form via administration in the time it takes you to see them at a tribunal.

You have full employee rights given your continuous service.

I would suggest if you have any of this in writing, that you immediately report them to HMRC for non payment. You can also tell them you have gone to local news outlets as this may force their hand. I've seen this happen very recently with a large brand and they paid up quite quickly.
 
#17 · (Edited by Moderator)
Oh! Forgot to say, SOME people have been known to "reverse phoenix" or "exposed check"

SOME people might sign it, take the money then go work for a newly formed company that they do not own or control, the director of which does not share your surname, nor live at your address. That way SOME people would be a mere payslip employee, not a decision making person with significant control.

Where the new company's start up capital and initial client bank came from, nobody knows. How a crack ho hooker became a 100% shareholder and sole Director nobody knows.

Once again, WTF do I know? I sell kebabs at 3am outside a night club.
 
#18 · (Edited by Moderator)
Dumper: Due to changing needs, I wish to terminate our association. Take this and sign that. I got a lot on mind and hope we part fast and clean.

Dumpee's Option 1:
I ain't movin aht and I ain't signin s**t

Dumpee's Option 2:
OK, accepted as you wish. We need to sign some admin stuff then I'll be gone.

Dumpee signs, then says 'all the best', then leaves. Unknown to the Dumper, the Dumpee takes the cage, bar and plates from the house.

4-5 months later and with some hard work, Dumpee bounces back bigger, harder stronger with a younger, fitter, hotter vehicle.

Whether or not Dumper is still around and wants Dumpee back, Dumpee is still better off cos he's bigger, harder stronger with a younger, fitter, hotter vehicle. Dumpee is in a position of strength, choice and options, certainly in a better position than the Dumper.

But then WTF do I know, I sell Class A's at 3.30pm outside primary schools.
 
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