Sanjay Solanki resigned but was sued for allegedly downloading customer information
Former Intercity Technology account manager Sanjay Solanki has won an appeal against having to pay a massive £290,009 damages and legal fees for alleged
breach of contract.
Solanki had been sued by Intercity (formerly Intercity Telecom) after he resigned claiming a repudiatory breach of contract (which is so serious that it entitles the innocent party to terminate).
The company had accused him of downloading customer information to memory sticks in an attempt to poach customers.
Solanki had represented himself in court at the trial three years ago but did not appear because of ill health and his defence was struck out by the court.
This cleared the way for Intercity to be awarded £290,009 in damages and legal costs. But the Appeal Court ruled Solanki should in fact have been granted an adjournment of this hearing at the time because of depression.
However this had been refused. The Court of Appeal also found that clients claimed to have been lost because of alleged actions by Solanki were in fact still doing business with the company.
The claimed loss of business for each client included £56,394 (Pertemps People Development), £4,442 (John Shepherd), and £19,357 (Bethmar Ltd). These sums had been added to the bill for damages against Solanki.
“Throughout these court proceedings Mr Solanki maintained he resigned from his former employer on the basis of a repudiatory breach in respect of unfair dismissal and protected disclosures.
“The employment tribunal proceedings are stayed following conclusion of proceedings in the higher courts. The Court of Appeal judgement is a significant step forward,” said his solicitor in a statement. Intercity declined to to comment.