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Employment Tribunals
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By (user no longer on site) OP
over a year ago
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Sorry it's not swinging or sex related, but I wondered if anyone had ever taken an employer/previous employer to a tribunal, and if so were you successful and would you reccommend it?
I'm currently in early conciliation through ACAS, doesn't look like previous employers going to play ball so looks like I have to decide whether to proceed with tribunal or not  |
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I have been the employer at tribunals, as wellas no win no fee cases.
I always take these thru to conclusion as I believed that I always followed the correct procedures. There was only one case that I didn't win ... but I didn't lose it either ... the tribunal found both parties equally responsible and we had to cover our own costs.
ACAS are generally pretty good and you should take their advice, try remediation if its an option.
Good luck! |
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By (user no longer on site)
over a year ago
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I used acas back in 2002, they were great to start with but because I refused a settlement fee from my previous employer they dropped me like a stone.
I then had to go to the tribunal alone and I was like a fish out of water.
Before the case started, the judges made it clear my employer was in the wrong.
I settled on a fee which was more than what they had offered me the week before.
If I'm ever in that position again, I will be using a lawyer. |
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By (user no longer on site)
over a year ago
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I used to work for a solicitors and when they let a number of people go, myself included, I went to an employment solicitor for him to look over my settlement figure. He got me more money out of them rather than going to tribunal because they were playing silly buggers. Go with what you're advised and good luck OP x |
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By *ucky24Man
over a year ago
Glasgow |
I would reiterate what others have said listen to what ACAS say and get good sound legal advice.
Don't get fooled by barrack room lawyers saying there is a pot of gold waiting.
Sometimes you need to settle and move on. |
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"Sorry it's not swinging or sex related, but I wondered if anyone had ever taken an employer/previous employer to a tribunal, and if so were you successful and would you reccommend it?
I'm currently in early conciliation through ACAS, doesn't look like previous employers going to play ball so looks like I have to decide whether to proceed with tribunal or not "
Get a good employment lawyer & go to tribunal, it serves purposes beyond yourself if you win...a bad rep for them if they lose & gives history for future cases both of that employer & for future unrelated people who could use your case as part of proof to prove their case 
Stressful yes but worth it. |
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Was made redundant a few year ago and got done out of monies owed.
Went to ACAS who then in turn got no communication from my previous employer.
I choose to take it to a tribunal. Think i paid around £250 although could be well off on that figure.
Employer still did not get in touch so case was awarded to me.
Monies I was awarded came from a government fund, not the employer.
Still lost out on a lot but was better than nothing.
Definitely worth seeing it to a tribunal.
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It's entirely dependant on what your case is around like most things the bigger the company the less likely you are of winning as they sew up possible dages against them through contracts and workplace policy |
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Big companies try to avoid tribunals, costs are prohibitive for them unless they have a very strong case, being seen to be reasonable with demands puts you in a good position generally, good luck either way  |
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By (user no longer on site)
over a year ago
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"Sorry it's not swinging or sex related, but I wondered if anyone had ever taken an employer/previous employer to a tribunal, and if so were you successful and would you reccommend it?
I'm currently in early conciliation through ACAS, doesn't look like previous employers going to play ball so looks like I have to decide whether to proceed with tribunal or not "
Yep and won last July, happy to recommend a local solicitor too if needed |
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Yup, and won.
You need to go through ACAS first as you need the reference number from ACAS for non resolution to proceed to tribunal.
Only communicate with former employer via email, or if via whatsapp etc... Screen shot everything, have a trail of evidence, do not talk face to face or on phone, you cant prove whats been said, best to do this before involving AcAS, show you tried to resolve things.
Be clear what you want from them, tell them what your next actions will be if they dont act to resolve, (involving ACAS) give a deadline for this. If they dont respond, dont stall... Do it
If tyey dont cooperate with ACAS it goes against them. If it goes to tribunal... I did this and represented myself at tribunal and i ripped their shite to bits at tribunal mainly because i refused to back down, and had catalogued lots of evidence i was right.  |
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By (user no longer on site) OP
over a year ago
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Thanks everyone, so good to hear so many have positively taken on workplaces and been successful!
Ex-employer imposed an non-contractual notice period, kept me on furlough during it, made unnotified deductions from final wage,withholding wages owed and failed to provide me payslips for the last 18 months. I've evidence of poor practice, dishonesty and pressure to accept previous offer. (Very basic outline of issues).
At the point of entering into conciliation I'd been waiting 4 weeks for the outcome of an appeal. When contacted by ACAS they lied about communication efforts and previous offer. I countered with a clear offer of resolution and waited 2 weeks for a response. I finally received the appeal outcome in writing last Friday, reiterating previous offer but laced with inconsistencies and lies. I was given a deadline of midday today to accept. I called ACAS conciliation who advised to continue mediating through them, and who contacted employers the sane day to ask if the offer in the outcome is their final offer or if they were open to further discussions. They were asked for a quick response given the deadline....and I'm still waiting for a response (no surprise).
ACAS won't advise on whether I should go to tribunal, and taking on the big dogs alone feels daunting!
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Okay, HMRC will eat them
You cannot refuse wage slips period, it is vital to being able to check your paid correctly
you cannot make undisclosed deductions (unless made by gov bodies/court who will write to your home address to notify...usually things like child maintenance)
Did you get put on the pension scheme last year? It's now an opt out system that must be signed - any who haven't signed an opt out form & are getting no deductions are being done out of pension by both yours & your employers contributions
Contract wise I'm not sure cos I haven't seen it to know the wording but essentially if it goes against your employment contract & you were not informed or agreed in writing them they are stuffed also.
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You can go to HMRC about them withholding wages & slips....they'll go in for the full 6 years prior & every employee on the books, check timesheets & their records...
I remember they did it to an ex's boss...he got 7 grand out it because they illegally too deductions for company car use that he didn't have & no tribunals
Company got fined in the 10's thousand & it's now closed as a result |
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By *alcon43Woman
over a year ago
Paisley |
It might be worth checking with HMRC to make sure the correct tax has been paid. Also check that your National Insurance has been paid or you could have issues if claiming benefit or state pension. You should be able to check this on the Gov.uk website. Also check that pension payments and contributions have been paid. With no payslips to show deductions you won’t know what they’ve been doing.
Good luck with your claim. |
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By (user no longer on site) OP
over a year ago
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I should have added that I have reported them to HMRC for retaining me on furlough during notice period and withholding wages.
And I do now have a copy of my payslips. Their excuse was that whilst on maternity leave they did not hold a personal email on file and so I was "missed" when transferring to a new electronic system (despite it being the same email they used to offer me the job, and for contact once I went on leave). I queried it when I moved from maternity leave to furlough and was told that I may not receive payslips whilst furloughed. I stupidly trusted my line manager.  |
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"I should have added that I have reported them to HMRC for retaining me on furlough during notice period and withholding wages.
And I do now have a copy of my payslips. Their excuse was that whilst on maternity leave they did not hold a personal email on file and so I was "missed" when transferring to a new electronic system (despite it being the same email they used to offer me the job, and for contact once I went on leave). I queried it when I moved from maternity leave to furlough and was told that I may not receive payslips whilst furloughed. I stupidly trusted my line manager. "
Bullshit they have a physical address, no excuse at all. |
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By (user no longer on site) OP
over a year ago
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"I should have added that I have reported them to HMRC for retaining me on furlough during notice period and withholding wages.
And I do now have a copy of my payslips. Their excuse was that whilst on maternity leave they did not hold a personal email on file and so I was "missed" when transferring to a new electronic system (despite it being the same email they used to offer me the job, and for contact once I went on leave). I queried it when I moved from maternity leave to furlough and was told that I may not receive payslips whilst furloughed. I stupidly trusted my line manager.
Bullshit they have a physical address, no excuse at all."
So much of their excuses are bullshit. One email contradicts the other!! |
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So much of their excuses are bullshit. One email contradicts the other!!"
I had that. I pushed them to answer questions at the tribunal, then responded with along lines of. "but your own email on this date (refer to document1 in my submitted evidence) contradicts this where you clearly state otherwise"
I had also submitted links from employment law pages on Gov.uk in my evidence, so I could refer to them. The tribunal judge is viewing stuff in black and white, the law is the law... my advice is definitely get lots of evidence and reference creditable external sources.... ?? |
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By *aseMan
over a year ago
Gourock |
"I used to work for a solicitors and when they let a number of people go, myself included, I went to an employment solicitor for him to look over my settlement figure. He got me more money out of them rather than going to tribunal because they were playing silly buggers. Go with what you're advised and good luck OP x"
Agree go with it
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By *4pu55yMan
over a year ago
Falkirk |
"Sorry it's not swinging or sex related, but I wondered if anyone had ever taken an employer/previous employer to a tribunal, and if so were you successful and would you reccommend it?
I'm currently in early conciliation through ACAS, doesn't look like previous employers going to play ball so looks like I have to decide whether to proceed with tribunal or not "
Don't buckle, if it's any sort of reputable company they will prob leave right up till the last minute before you go in court & try to get you to fold. Then when they see you're not going to they will settle before you go in court, but definitely keep with ACAS & get a good lawyer prepared. Good luck xx |
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By (user no longer on site)
over a year ago
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If you have the evidence then they dont have a leg to stand on i went through it a few months ago acas did there best but company was not playing ball at all till i found out who the director of the company was so i changed my case to name him as main respondant did this just in time and low and behold they settled for more than i asked for take them to tribunal get a good lawyer right now |
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"If you have the evidence then they dont have a leg to stand on i went through it a few months ago acas did there best but company was not playing ball at all till i found out who the director of the company was so i changed my case to name him as main respondant did this just in time and low and behold they settled for more than i asked for take them to tribunal get a good lawyer right now "
Changing to the director would have got you nothing at all, laughed out of court tbh
DO NOT DO IT EVER!
Here's why, as a director you have limited liability, the company & you as a person (even if your the only person) are legally separate people
The company hires people for the company, the person whom happens to be the director is not privately or personally liable...hence why they keep their wages pension packages, assets etc even when their companies go bust & actually guess who gets paid first out of all the debts... shareholders aka the directors & investors.
Directors manage/oversee the company, they are themselves an employee of that company. |
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If it's a partnership or a sole trader then you can go after the head of company (with partnerships any partner counts all are equally liable)
With these 2 they can lose everything, hence why most are ltd companies |
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I took an employer to a tribunal. Situation was that I was leaving to attend a new university course starting in September. I needed a reference from my current employer, and that was needed for the previous February. They gave me my notice to quit almost immediately (although, I did get a very good reference!!). So, I took them to a tribunal and won an amount of cash which was equivalent to me remaining in employment until the September. I was lucky. Not every tribulal claim is so straightforward. Even more lucky that I wasn't relying on future employment within the same or similar industry. Think of what is best for you in the long term. Take the anger emotion out of the situation and think carefully. If it backfires badly, will it affect future prospects? Even if you think you will win, could word get out and make future potential employers nervous of recruiting you? |
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