Employment tribunal

mrpaul84

I’m writing on behalf of my girlfriend who is due to attend an employment tribunal that she took out against an employer after being sacked for not being the right person for the job in which she lasted one month. The employer failed to pay all of the wages owed saying she didn’t fill the time sheets in and he couldn’t recall her being at work on the disputed days. We are due in court in ten days time and have no evidence to say she was in work on those days other than the employer normally had three people work and on the days we are claiming for only two people show on the time sheets. I know this is a weak argument and wanted to know your thoughts on success and if we can pull out with no comebacks


Thank you

lulu650

She needs witness statements from the other two members of staff. But I think she should have presented this paperwork earlier. What supporting evidence is she submitting?

Hopefully another poster with more expertise will have more thoughts

gerryscot

mrpaul84 wrote: »

I’m writing on behalf of my girlfriend who is due to attend an employment tribunal that she took out against an employer after being sacked for not being the right person for the job in which she lasted one month. The employer failed to pay all of the wages owed saying she didn’t fill the time sheets in and he couldn’t recall her being at work on the disputed days. We are due in court in ten days time and have no evidence to say she was in work on those days other than the employer normally had three people work and on the days we are claiming for only two people show on the time sheets. I know this is a weak argument and wanted to know your thoughts on success and if we can pull out with no comebacks



Thank you

Its not just the shifts that your disputing though is it? Is tribunal for unfair dismissal aswell?

Do you have any evidence thats there is normally 3 people working on shifts? Is there any chance possible to get a witness statement from the other employee's she was working with on the shifts?

Gerry

gerryscot

Here is the link for Acas site they all the info on employee's rights and unfair dismissal.

http://www.acas.org.uk/index.aspx?articleid=1390#azU

Wish you the best of luck, I've been through an Employment Tribunal its a stressful experience.

Googlewhacker

Unfair dismissal doesn't apply until after 1 years service.

Uncertain

Googlewhacker wrote: »

Unfair dismissal doesn't apply until after 1 years service.

Sweeping as ever

Maybe she is alleging discrimination?

Googlewhacker

Uncertain wrote: »

Sweeping as ever

Maybe she is alleging discrimination?

lol come on, I think I am fairly safe in presuming this is just about non payment of wages

jobbingmusician

This thread might be useful, especially the first post.

And I agree - statements from colleagues that your GF was at work on the disputed days, together with any other evidence you can muster, will be extremely helpful.

Who filled in the time sheets? How did they get the information to do this? Was it from people signing in and out? What evidence does your GF have that she was at work on those days? (For example, were there any customers who saw her who would sign a statement? Did she go out to lunch with other staff on any of the days? Did anything significant happen at work on any of the disputed days which she can describe in a way someone not at work would not be able to describe?

If your GF was supposed to sign in each day and has not done so, I would assess the chances of success as fairly low. If someone else maintained the timesheets then things are far more positive, and if other staff are prepared to acknowledge her presence on those dates, this is really helpful.

Does your employer have a policy about how many people should be on duty on any one day? It is worth asking for a copy of this.

November5th

I can't see why their would be any comebacks if you pull out? What do you think might happen?

narabanekeater

I havent a clue where your GF worked but is there CCTV?

DVardysShadow

jobbingmusician wrote: »

...
If your GF was supposed to sign in each day and has not done so, I would assess the chances of success as fairly low. If someone else maintained the timesheets then things are far more positive, and if other staff are prepared to acknowledge her presence on those dates, this is really helpful.

Although if she was never briefed to sign in and had never signed in, this is a point worth making very strongly. Sometimes an employer could be this devious if they intended to dismiss quickly...