Employment Tribunal and ACAS promise

Uncertain

fabio11 wrote: »

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.

No, what SarEl said WAS correct. The problem is (as I said in one of your earlier threads) you seem to struggle to understand what is said to you. As I also said, maybe English is not your first language, in which case you really do (did) need to get proper professional advice.

SarEl said that a COT3 settlement brokered by ACAS was enforceable through the County Court and she is of course correct.

The problem is that you stupidly withdrew your claim before a binding settlement was reached.

It MAY be that the correspondence from both sides received by ACAS is enough for the deal you thought you had to be binding but it may not be. The is complex and not clear cut.

Either drop the matter or get some proper professional help!

scheming_gypsy

Is it not possible that they charged you for the training? as a lot of companies provide free training unless you leave within x months. If you do then the cost of the training is payable

fabio11

Thanks Uncertain
But please note SareL posts in the following thread where she is saying that even emails are binding

https://forums.moneysavingexpert.com/discussion/3293386

There is always a cahnce to play with words but this is what she meant.
and now as I have withdrawn I am labelled a 'fool'?

KiKi

She did say in the other email it was binding - and she said the same thing above in post 8. She hasn't been inconsistent at all.

Her concern for you is that ACAS may try and cover their backs if the company dispute that they ever agreed to anything. However, if you have emails to prove it, then you've got a better chance, surely? Do you have emails just to prove *you* agreed, or do you have emails that prove the company also agreed?

KiKi

fabio11

Thanks
Yes I have emails to prove company agreed and obviously I agreed thats why I withdrew my claim and also mentioned these promises in my withdrawal letters as reason for withdrawing.

Uncertain

fabio11 wrote: »

Thanks
Yes I have emails to prove company agreed and obviously I agreed thats why I withdrew my claim and also mentioned these promises in my withdrawal letters as reason for withdrawing.

As SarEl did her best to explain, what you need is proof that both sides told ACAS that they were agreeing to a particular settlement. If you have that then you can take the claim to a County Court if the company fail to stick to the agreement

However, you need to be very clear that you have this AND there is no doubt EXACTLY what was agreed. For example, did they agree to pay outstanding holiday (but you now can't agree how much) or did they agree to pay for XX days holiday?

fabio11

yes you are right, though they agreed to pay but how much they will pay it was not agreed, althoughits general assumption that they will pay what I am owed.
It is impressive to know how people can twist their words to deny what they ad said before and how good lawyers can turn black into white and vice versa.

I am not in position to seek professional advice as I dont have financial resources.

SarEl

I said that any agreement, even a verbal one, reached by ACAS brokering is legally binding. I said that the problem was that there may not be evidence that the employer agreed to your agreement, or that ACAS may say this to cover their backs for what is a fundamental failure on their part. I am correct in every aspect of the law that I have quoted to you.

And for your information, right from the start of this sorry tale, I have been giving you professional advice which under other circiumstances you would have been utterly unable to access or afford. Advice which included do not make a claim or your employer may go after you for costs and might win! I take exception to someone who tells me that I don't know the law, when they so clearly have such a strong comprehension of it themselves that they make meaningless claims and don't even bother to find out the basics - all of which are freely available on the internet and which include the full process details of ACAS COT3 arrangements. So frankly you can go back to ACAS, dependable as they are, because with an attitude like yours you have had your last piece of advice from me. You have not ever listened to a word I have told you, you still aren't and I am wasting my time.

mitch161

edited out.

i was going to post a comment on sarels limited interpersonal skills.. but i thought better of it.

ill just say.

sarel
1. atleast learn to ask OP questions to understand their situation better before forming opinions
2 against your advice i continued with my case and in the end i won. their hands were tied. i wont waffle into details, but i was right, you were not

to OP
the other posters are PRESUMING that the company will deny any agreement.. but yet again failure to actually read what you have told them, that you have evidence.
the COMPANY GAVE A OFFER TO THE EMPLOYEE to agree to IE the email saying if you drop the claim we will pay.

the company made the first move!!!!!!!!!!! so the company made a offer they cannot deny it!!!

if the employee asked the company to pay if they dropped the claim then a reply of agreement would need to be made. but seeing as how the company NOT the employee made the offer. the offer is accepted by the actions of the employee dropping the claim and the receipt of a 20% value cheque confirms it.

so now the company have admitted they are willing to pay out owed money by sending out cheque as proof of honouring agreement. the OP now has to keep pushing to get the right amount..

OP dont worry about the possibilities that company will deny knowledge of agreement. you already have it as company made the offer.

this woulda been different if it was you that made offer to company.. but they made the offer, so your ok.

fabio11

Thankd Mitch and Sarel
I dont mean to offend anyone and I have been respectful to everyone throughout. But it seems SareL has made her mind and has started to believe that I have any problem with her.
SareL I can assure you that I respect you and everyone else in this forum and appreciate everyone opinion.
As far as merit of my case are concer I am 5000% sure that my case has merit and I am right but the problem is my opponent is millions time more stronger than me and I dont have time and resources to fight thats why I withdrew. All the people who had assured me that they will come as witnesses were worried about their own jobs and wont come forward.
Comapny is playing every dirty game to figth this case. Their lawyer skin every word I write or say. My family is suffering and as is my new job.
The rough guestimate was that company will make settlement for sum of 20-25K but after all this stress I dont think this money mean anything.
Moreover company has offered to pay me royalties from my work which in few years time can be ten or even hundered of thousand worth. My main concern is that if they are not honest now about holiday leave pay how they will be honest in few years time about royalties.

Most important which court I can go once case is dismissed. Is it true that if ET dismiss claim you cannot even go to County court (based on same arguments or on new evidences)?