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Employment Tribunal Advice - Help Please?!
lilmissking88
Posts: 149 Forumite
2nd post today - :eek:
Hi all,
Im looking for some advice for an employment tribunal hearing i have on the 24th June 2010.
Background: I was contacted by the company through s1jobs.com, and was emailed an 'invitation' from the managing director to apply for the role of Marketing Executive after he had seen my CV online. I logged on, read the job description and it souned promising so applied for the role, shortly after that i recieved another email from the MD to say he would call me to carry out a telephone interview, this went well and at the end of the call, he said he would give me a day to think about whether i wanted to take the job or not. So i called the next day and accepted/ I recieved a letter in the post to advise me of my offer of employment, the start date (12th March 2010), job title, hours, salary, and place of work. This all seemed fine so i began to prepare for my first day. 2 days before the start date, i recieved a call from the MD adviseing that the phonelines and broadband were late being installed so the start date would be pushed back to the 18th March, which i said was fine and i would see him then. I then recieved a call the night before, and was told the start date would be pushed back another week again. I started to get suspicious, then finally on the 6th April 2010 i began working there fulltime.
At the beginning, there were 6 of us starting, and undertook a 2 day induction/training programme. by the start of the next week, there were only 2 of us remaining as other had left due to not liking the job.
Over the next few weeks, i undertook my duties and responsibilities as a 'Marketing Executive' which included cold calling business and residential customers to set up appointments for the MD to go out and sell cost reduction services and advice. He was not FSA regulated but apprently he said he didnt need to be as he was not offering any financial services. I started to feel uneasy, and when i got home one night i googled the MD's name and found that 5 years ago, he had a warrant out for his arrest for conning people out of thousands of pounds, and the company that he had done this under was incredibly similar to what we were doing as well. He has also left all his employees at christmas time with on wages and no access to the office. I also found that he had be made bankrupt, which he had admitted during the induction.
Anyway, on the 29th April 2010, i went into work at 8.30 as usual and i was called into the office, i was told that the other person that worked there was off sick. and i said i knew as i spoke to her outside of work, and then the Md proceeded to tell me that he was 'calling it a day with me as i hadnt hit target' i was shocked as the other person working there had made jst as many calls as me every day and made just as many appointments so i just assumed that we were both getting sacked but as she was off sick it owuldnt be until the following day. As the next day was payday i asked the MD if i would be getting paid by BACS as set out in the payment, salary and bonus letter he had provided me with. he assured me that th wages would be paid in.
The next morning i was up early to check my account as i was suspicious that he was up to something and there was no wage there, so i called the MD and asked what was going on and he advised that there had been a problem at the accountants and that i would be paid by cash that afternoon. I started to panic as we have rent etc to pay so asked him when i could go and pick it up and he told me he would call me after 2pm.
At this point the other employee text me to say she hadnt been paid either and i asked where she was, she advised she wasnt getting sacked and was still in work.
Anyway, at 2.30pm i was fed up of waiting and called the MD on his mobile to find out what was happening, he answered the phone and said 'I told you that i would f****** call you didnt i? now f*** off' and hung up. So i left it an hour tried calling but couldnt get through and began to make my way up to the office. i then text the MD to advise i would meet him at the office as i was on my way there, when he text me 'There would be nothing to pick up and the accountant would issue a cheque within the next week' i tried calling, no answer, so replied telling him that this was unacceptable, as i had rent and other thigs to pay to which he replied ' that isnt my problem' i told him that i would speak to him at the office as i wasnt happy so he called me and said 'If you go near that office, i am telling you that you will f****** regret it. i will make you wait longer than i already have for your cheque.' and hung up so i went home.
I immediatly placed a claim with the employment tribunal as i knew i wasnt going to get a cheque and i emailed the MD to tell him that i would be submitting a claim unless he could give me a definative date to when the cheque would be recieved. He called me and said 'You email really !!!!ed me off, little girl. Go on take me to court i dare you. Silly f****** girl' - and that was the last time we spoke.
My claim got accepted and a date for hearing was given - 24th june 2010 and his response date was 3rd june 2010. ACAS got in touch and talked me through a lot of the claim, and by the 2nd of june no response had been received by the MD so myself and ACAS thoguht i would get an automatic default for my case. The MD responded on the 3rd June.
His response said that i had incorrectly described my job title and duties, but he did not detail on this, and he also wrote 'The claimants claim is unfounded' but he agreed with everything else, i.e the time worked, the wage, etc
Obviously, i now have to face him at the hearing in 9 days and i am scared. i hve no idea what to say, or what he is playing at by saying my claim was unfounded.
Any advice guys?:(
Hi all,
Im looking for some advice for an employment tribunal hearing i have on the 24th June 2010.
Background: I was contacted by the company through s1jobs.com, and was emailed an 'invitation' from the managing director to apply for the role of Marketing Executive after he had seen my CV online. I logged on, read the job description and it souned promising so applied for the role, shortly after that i recieved another email from the MD to say he would call me to carry out a telephone interview, this went well and at the end of the call, he said he would give me a day to think about whether i wanted to take the job or not. So i called the next day and accepted/ I recieved a letter in the post to advise me of my offer of employment, the start date (12th March 2010), job title, hours, salary, and place of work. This all seemed fine so i began to prepare for my first day. 2 days before the start date, i recieved a call from the MD adviseing that the phonelines and broadband were late being installed so the start date would be pushed back to the 18th March, which i said was fine and i would see him then. I then recieved a call the night before, and was told the start date would be pushed back another week again. I started to get suspicious, then finally on the 6th April 2010 i began working there fulltime.
At the beginning, there were 6 of us starting, and undertook a 2 day induction/training programme. by the start of the next week, there were only 2 of us remaining as other had left due to not liking the job.
Over the next few weeks, i undertook my duties and responsibilities as a 'Marketing Executive' which included cold calling business and residential customers to set up appointments for the MD to go out and sell cost reduction services and advice. He was not FSA regulated but apprently he said he didnt need to be as he was not offering any financial services. I started to feel uneasy, and when i got home one night i googled the MD's name and found that 5 years ago, he had a warrant out for his arrest for conning people out of thousands of pounds, and the company that he had done this under was incredibly similar to what we were doing as well. He has also left all his employees at christmas time with on wages and no access to the office. I also found that he had be made bankrupt, which he had admitted during the induction.
Anyway, on the 29th April 2010, i went into work at 8.30 as usual and i was called into the office, i was told that the other person that worked there was off sick. and i said i knew as i spoke to her outside of work, and then the Md proceeded to tell me that he was 'calling it a day with me as i hadnt hit target' i was shocked as the other person working there had made jst as many calls as me every day and made just as many appointments so i just assumed that we were both getting sacked but as she was off sick it owuldnt be until the following day. As the next day was payday i asked the MD if i would be getting paid by BACS as set out in the payment, salary and bonus letter he had provided me with. he assured me that th wages would be paid in.
The next morning i was up early to check my account as i was suspicious that he was up to something and there was no wage there, so i called the MD and asked what was going on and he advised that there had been a problem at the accountants and that i would be paid by cash that afternoon. I started to panic as we have rent etc to pay so asked him when i could go and pick it up and he told me he would call me after 2pm.
At this point the other employee text me to say she hadnt been paid either and i asked where she was, she advised she wasnt getting sacked and was still in work.
Anyway, at 2.30pm i was fed up of waiting and called the MD on his mobile to find out what was happening, he answered the phone and said 'I told you that i would f****** call you didnt i? now f*** off' and hung up. So i left it an hour tried calling but couldnt get through and began to make my way up to the office. i then text the MD to advise i would meet him at the office as i was on my way there, when he text me 'There would be nothing to pick up and the accountant would issue a cheque within the next week' i tried calling, no answer, so replied telling him that this was unacceptable, as i had rent and other thigs to pay to which he replied ' that isnt my problem' i told him that i would speak to him at the office as i wasnt happy so he called me and said 'If you go near that office, i am telling you that you will f****** regret it. i will make you wait longer than i already have for your cheque.' and hung up so i went home.
I immediatly placed a claim with the employment tribunal as i knew i wasnt going to get a cheque and i emailed the MD to tell him that i would be submitting a claim unless he could give me a definative date to when the cheque would be recieved. He called me and said 'You email really !!!!ed me off, little girl. Go on take me to court i dare you. Silly f****** girl' - and that was the last time we spoke.
My claim got accepted and a date for hearing was given - 24th june 2010 and his response date was 3rd june 2010. ACAS got in touch and talked me through a lot of the claim, and by the 2nd of june no response had been received by the MD so myself and ACAS thoguht i would get an automatic default for my case. The MD responded on the 3rd June.
His response said that i had incorrectly described my job title and duties, but he did not detail on this, and he also wrote 'The claimants claim is unfounded' but he agreed with everything else, i.e the time worked, the wage, etc
Obviously, i now have to face him at the hearing in 9 days and i am scared. i hve no idea what to say, or what he is playing at by saying my claim was unfounded.
Any advice guys?:(
Married My Best Friend & Soulmate on 21st July 11! So happy to be Mrs Kyle!:heart2:
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Comments
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Hello,
I would like to say sorry as I never looked over all your post as this is just a flying visit for myself and saw you are going to go through something I went through with the Employment Tribunal.
I see you are from Glasgow like myself so you will use the same place I used and they are really helpful.
As for General Advice - You have nothing to worry about if you are not in the wrong. The Employment Tribunal was really helpful in answering any of my questions and they kept me right up to date.
Sorry if I was not really helpful but I felt I had to help someone first somehow before going off and asking for help my self.0 -
Hello,
I would like to say sorry as I never looked over all your post as this is just a flying visit for myself and saw you are going to go through something I went through with the Employment Tribunal.
I see you are from Glasgow like myself so you will use the same place I used and they are really helpful.
As for General Advice - You have nothing to worry about if you are not in the wrong. The Employment Tribunal was really helpful in answering any of my questions and they kept me right up to date.
Sorry if I was not really helpful but I felt I had to help someone first somehow before going off and asking for help my self.
Thanks hun, thats really reassuring to know the Employment Tribubal are helpful.
Thanks xMarried My Best Friend & Soulmate on 21st July 11! So happy to be Mrs Kyle!:heart2:0 -
How can you take the employer to an ET if you have only worked there a few months and don't seem to be alleging discrimination of any sort?"You were only supposed to blow the bl**dy doors off!!"0
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maninthestreet wrote: »How can you take the employer to an ET if you have only worked there a few months and don't seem to be alleging discrimination of any sort?
I am taking the employer to the tribunal due to the non payment of wages. Nothing to do with discriminationMarried My Best Friend & Soulmate on 21st July 11! So happy to be Mrs Kyle!:heart2:0 -
maninthestreet wrote: »How can you take the employer to an ET if you have only worked there a few months and don't seem to be alleging discrimination of any sort?
There is no minimum length of employment for a unlawful deduction of wages claim.0 -
good luck with it, remember that you are owed wages, there is a good chance that he may settle out of tribunal. I took my ex-employer to tribunal, thou we had a long trail, com plicated, but b4 the last hearing I took an out of court settlement.
the 1st thing I would say if gather as much informnation as possible as proof, any documents, job details. copies of phone bills, as this will show that you rang, ie if the call says 2 mins 30, then its a v good possibility that a spoken event occured.
If there is any text messages on the phone, copy them out, get a friend to witness it and they sign to say that those texts are a correct copy, but keep the originals.
documents prepared, - things may have changed since my trib and or rules may be different in Scotland, so plz double check what I've siad (gone from my experience)
Usually before the trial your be given a date where you exchange documents that you both intend to rely on.
For the hearing - (I had to do)
1 copy for the witness desk
1 copy for me
1 copy for the other side (even thought they already have them, keeps the info all together)
3 copies for the trib panel, you have a chairman and 2 lay persons, 1 is based as an employer point of view, one as a person point of view.
I put mine in an A4 folder, all pages numbers and a contents page.
The other side will have to do the same, its the info that the case is built on.
As your bringing the case - ie no wages etc, there is a strong possibility that you have to give evidence 1st, then the other side.
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When you ask for documents from other side (tip my solicitor gave me) ask for a copy of the original document, the reason being is that 75% of the time they put notes on it. Think back to you take a bank statement for instance, if you check that your not sure of a transaction - you write on the statement, a letter for a hosp appointment - if you have to ring up, you would put a note on that while its fresh in your mind....... so translate that to his paperwork, theres a good chance he has done the same..... those notes may be a deal clencher.
Sounds like ACAS are being helpful which is a good plus point for you.
Without being nosey, are you employed elsewhere or not? the reason being is a paper trail. There may be a possibility that you could claim loss of future earnings
ASSUME NOT EMPLOYED.
pAPER trail - have you applied for jobs, been to job centre, rang up after jobs, contacted agencies Obviusly the idea is you have mimisied your loss, and done everything possible
NOW EMPLOYED
What was the time scale, again did you minimise your losses inbetween, ie applied for other jobs.
I'm not sure whether you could class loss of additional earnings, may be worth asking ACAS for advice on that one.
The main thing I can say is, keep calm, even if your a bag of nerves inside, you worked and were not paid, just make sure your documentation is 100% correct.
Good luck, as i said my case goes back to 2003/2005, but as I said it was complicated, but yours is a simplier case, (mean that in the nicest of ways).
just get a big breath and relax xxxx rip dad... we had our ups and downs but we’re always be family xx0 -
My feeling is that he won't bother to turn up at the tribunal, but if he does, there is nothing to be afraid of. I reckon that you will get your judgement - my guess - but you will never get a penny out of him.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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Thanks for the replies guys
With regards to him not showing up etc
I think he will definatley show up, but with no intention to pay. I have just made an appointment with the CAB to try and get some advice how to approach this.
I dont think he will pay through the ET alone, i think i will end up needing to go to county court to try and enforce it after the hearing - if i win
I just hope i can hold my nerve, this guy scares and intimidates me so much lolMarried My Best Friend & Soulmate on 21st July 11! So happy to be Mrs Kyle!:heart2:0 -
maninthestreet wrote: »How can you take the employer to an ET if you have only worked there a few months and don't seem to be alleging discrimination of any sort?
ET deals with a number of issues, including for example breach of contract.
here's the list:
http://www.employmenttribunals.gov.uk/FormsGuidance/jurisdictionList.htm0 -
lilmissking88 wrote: »Thanks hun, thats really reassuring to know the Employment Tribubal are helpful.
Thanks xlilmissking88 wrote: »I am taking the employer to the tribunal due to the non payment of wages. Nothing to do with discrimination
But apparently not as helpful as telling XB-CDD how to get paid themselves, it seems. :eek:
https://forums.moneysavingexpert.com/discussion/2534905"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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