Toby Cotton, who was the firm's finance director between September 2001 and June 2002, was unable to make a claim for unfair dismissal because he was sacked 28 days prior to completing one year's continuous employment (the qualifying period for an unfair dismissal claim). Instead he is claiming breach of contract and suing for £113,297 in damages.
The claim, which is strongly refuted by Radcliffes, alleges that the firm sacked Cotton without the grounds for terminating the employment contract without notice.
Had Cotton been given his 24-week notice period, he would have had more than one year in continuous employment and therefore been able to bring an unfair dismissal case.
Cotton also alleges that he was promised a salary increase with effect from 1 May 2002, and bonus entitlements under a firmwide scheme that was introduced the previous year. However, he claims that, despite being verbally assured on a number of occasions by the then chief executive Vincent Denham, no such bonuses materialised.
Cotton is therefore claiming damages for the lost opportunity to claim unfair dismissal of £52,600, plus another £50,000 for bonuses not received, pay in lieu for the 24 weeks of notice due, and other firm benefits to which he believes he was entitled.
A spokesperson from Radcliffes said: “The allegations are strongly denied and are being robustly defended.”
