Employment Tribunal and ACAS promise

fabio11

Dear All,
I had taken my previous employer to Employment Tribunal for constructive dismissal etc. In my claim I also mentioned unpaid holiday leave.

My previous employer through ACAS assured me that they will pay my unpaid holiday leave and will not follow me for their ET case costs if I withdrew my claim. It was not written promise but an email from my previous employer send to ACAS and forwarded to me.

Last week I withdrew my claim mentioning in my withdrawal letter that my previous employer has agreed to pay my unpaid leave thus I dont want to follow the claims due to family reasons (commitments).

Two days after I withdrew my claim I received a letter (with cheque) of my unpaid leave but it is only 20% of what I deserve. I asked the HR but they said that according to their calculation this is what I should get. I have enough proof to show that I deserve more.

This morning I have received a letter from Employment Tribunal that my previous employer has asked for the case to be dismissed under article 4. I am thinking of writing to Tribunal that my previous employer is not keeping his promises and is even victimising me more thus I dont want case to be dismissed and want to keep the option of re-instating the case if situation arise.

Anyone's comments will be much appreciated.

KiKi

It's only 20% of what you *feel* you deserve? Or 20% of the actual amount owing to you?

Give us calculations and numbers so we can advise.

KiKi

SarEl

Yes - what you deserve and what you are owed are not the same thing. You should ask the employer to tell you how they have calculated this - you may be right and so may they. Without knowing what the explanation is it is impossible to say who is right.

fabio11

It is only 20% of actual amount owed to me. So they are giving me only £875 instead of almost £4250 I should get.
HR has informed me that they have deducted the money for the days I was on official training. Its not correct as its written in my contract that the days spent for official training will not count towards holidays and will be fully paid.

I believe they are just playing games and now waiting for the case to be dismissed within next few days when I will have no option to take them to ET again ever.

SarEl

I can assure you that whatever is going on that is not their game. A COT3 settlement brokered through ACAS is legally enforceable in the small claims or County Court. So if they owe you money you can chase them for it for up to six years and I am certain that they know this. So you have no tribunal deadline at all to worry about. Write back and enclose a copy of your contract highlighting the relvant part and point out to them that this is a debt due under your contractual terms and under the arrangement brokered by ACAS. If this is what your contract says and the employer authorised your training, then they should agree.

My only slight note of caution is - are you sure that this was authorised job-related training, and not under the terms of a training agreement with a claw back provision? Because that sum seems to add up to an awful lot of training days!

Emmzi

fabio, wasn't your reason for leaving not making progress in a professional qualification? In my organisation release days are also subject to clawback (and in theory fees although we have yet to test that in my time)

fabio11

NO it was company offered training taken in Company head quarter in the same city. I enetered the head quarter using the same swipe card I used for my local branch where I used to work.
Its mentioned in my contract that I am eligible for 25 days per year professional enhancement INTERNAL training as paid leave. Internal mean offered by company in the head quarter.

ACAS did not broker any deal they just forwarded me an email with all the assurances Respondent had sent to ACAS. Based on that email I withrew my claim. I did not fill any COT3 or COT4 form.

Main points of email were
1-Comany will pay me any unpaid leave
(did not mention how much and when)

2-Company will pay me all the royalties arising from my R&D work
(did not mention which work will be included and which not as I was invloved in number of projects, Though early sign are that the comapny is already deleting my name from number of projects I was invloved in and trying to undermine my contributions and maybe in few years time it will be impossible to prove anything)

3-Company will not chase me for the costs of ET claim.

From SarEl message it seems I should have waited before withdrawing to make a formal tight deal brokered on COT3 or COT4 form

SarEl

Hmm - s**t. ACAS should have confimed the brokered deal in a COT3. Technically if you agreed to terms with ACAS - verbally - on both sides, then it is still legally binding. It becomes legally binding at the pointn that both parties confirm to ACAS that they agree the terms. The problem may be that ACAS may lie through their teeth to cover their own backs (wouldn't be the first time) and say that both parties didn't agree it - the employer made an offer, and you said yes, but the employer didn't confirm agreement of it.

If you have not withdrawn the case - do not. Phone the tribunal office and tell them that the employer has not acted in accordance with the terms of the ACAS settlement and you are not withdrawing until they do. And phone ACAS and tell them the same thing - you should have a case reference number if you cannot contact your own case mediator.

And Fabio? Don't take this the wrong way, but you and I also have history! Be very sure that you are right about this being authorised training (internal training doesn't quite cut it), because you were awful sure about a lot of things even when I told you right at the start that you stood in peril of having costs awarded. Being eligible for 25 days training is not the same thing as having a right to 25 days training - you did get this all approved by your manager didn't you? And when they look at the records, they will prove that you did, won't they?

jonnyd281

Fabio, when I worked in industry doing design work, any and ll patents arising from my work (and any royalties resulting) were owned by the company I worked not me. It was stated in my contract, and, even though I'm not doing design work in my present job, it is with the same with my current employer.

fabio11

Thanks Guys
I will call ACAS and tribunal first thing tomorrow but not sure what to say exactly except looking like a fool the way I have acted.
Johny you are right these belongs to company but they have to put my name on the patents that I started as this is the PROFESSIONAL way to do things and this is the way it has been done in past. Company has history of giving partial royalties to employers who worked on some patents thus I am very concerned that these people are trying to cut me off as in few years time these royalties can be in hundereds of thousands if gone successful.

Sarel it was authorised training signed by my line manager and I had confirmed with HR at that time and even they had assured me that if line manager does not authorize my training they will step in and this training period is fully paid. I still have those emails.

fabio11

Just spoke to ACAS and their councilor is not in today and other councilors are busy.
Spoke to Tribunal as well and they have informed me if case is dismissed under article 25(4) you cannot take the other party to even county court so what Sarel is saying that I can take them to small claim or county court within six years is not correct.

NOw I have to put all the evidence together for the case not to be dismissed.