Employment Tribunal and ACAS promise

SarEl

mitch161 wrote: »

edited out.

i was going to post a comment on sarels limited interpersonal skills.. but i thought better of it. And you should learn to comment on what you know about.

ill just say.

sarel
1. atleast learn to ask OP questions to understand their situation better before forming opinions I know full well exactly what the OP has said, claimed and done. I understand the situation very well. I explained that situation extremely clearly - not just on this thread but on multiple threads. I did not form "an opinion" - I told them exactly where they stood legally and that advice was entirely correct. Instead the OP came back and told me I was wrong based on having, as usual, not read what I said.

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 Well in the first place - so you say, but of course there is no evidence for that. And of course there would not be would there - because one of the wonderful things in having only 197 posts as you do, is they are easy to search. I have never advised you of anything, and in fact there is no evidence that you have ever posted to this board before 21st June 2011. You have never posted on the Redundancy Thread. And I have never posted anywhere else. It's easy to make claims that you took a case and won despite the advice, but that does not make it true; it is a little harder to make such a claim when you have never before posted for such advice.

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. We are presuming no such thing. In fact we are presuming the opposite. The company have paid up so they obviously concur that there was an agreement. The question is what that agreement was, and the company deny that they owe as much as the OP claims they do. Nobody ever mentioned the company denying the agreement and I certainly didn't. I suggested that ACAS may deny the terms of the agreement, and the OP does not work for ACAS.

the COMPANY GAVE A OFFER TO THE EMPLOYEE to agree to IE the email saying if you drop the claim we will pay. So what? An offer does not make a contract, and the terms of that offer were not agreed. There is no evidence that the two parties had entered the stage of a legally binding agreement with ACAS, although I have said consistantly that whilst it should be legally binding it depends on what back-up to support this fact comes from ACAS, who have failed in their duty to tie up the agreement in a COT3.

the company made the first move!!!!!!!!!!! so the company made a offer they cannot deny it!!! The company have never denied making an offer and they have, as far as they are concerned, made the payment. You accuse me of not reading posts - have you read any of them? And I repeat, making an offer is not the same thing as entering into a legally binding agreement - although the company are not denyting that an agreement took place, they are denying the terms of it and since there were no terms agreed....

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. This is becoming retetitive. The issue is not whether there was an agreement - the question is the terms. The company say they have paid up - the OP says they haven't paid in full. And ACAS failed to complete the process of a COT3 which would have clarified the terms, so there is no evidence to say which is correct.

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.

On what basis do you say it is OK? You have read not a single thing the OP has sad and not a single thing I nor anyone else here has said. You have merrily made up what you think is being said and made totally spurious and untrue allegations about advice that I have never given you, claiming things that are not in evidence. Great advice that.

SarEl

fabio11 wrote: »

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.

Really?

fabio11 wrote: »

what Sarel is saying that I can take them to small claim or county court within six years is not correct.

Yes, actually what I said was entirely correct. A legally binding agreement for financial payment, which is not met, is a debt and can be taken to Court. Which is what I said.

fabio11 wrote: »

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'?

Where did I call you a fool? And I have said what I said and stand by every word of it because I know that what I have said is correct. You accuse me of "playing with words" when I have not done so and I have made what I have said extrememly clear.

You have accused me of being wrong or lying to you; and then accused me of trying to use weasel words to get out of what I said, when I did no such things and stood by everything I told you. So "respect" is not quite the word you are looking for is it? Yes, I do know how to sort this out, and yes I have been telling you how to do so correctly all alomg, but you have made your own decision when you made those accusations - get your advice from someone other than me.

fabio11

Dear SarEl,
I apologize unreservedly if you felt like this but in no way now or before I have tried to undermine you. Its very much againt my nature.
These twisting words or calling me fool were not directed towards you.

Well coming back to question can someone please explain me what does it exactly mean case is dismissed and if I contest how should I contest that case is not dismissed.
Morover what does it means case is not dismissed, does it means case is re-instated or it means that case can br brought back at later date.
And if it can be brough back whether it can be brough back to Tribunal or county court?

mitch161

{quote}
On what basis do you say it is OK? You have read not a single thing the OP has sad and not a single thing I nor anyone else here has said. You have merrily made up what you think is being said and made totally spurious and untrue allegations about advice that I have never given you, claiming things that are not in evidence. Great advice that.
{/quote}

i just laugh at that quote.
especially when you seem to think we have not crossed paths before. remember before christmas a poster talking about a mananger mentioning the ops disability in a insulting manner. it then led to mager wanting to disciplin poster for not curing their disability as a "not following managers action" disciplinary. poster resigned due to stress,.. couple months later poster got a surprise phone call from ex- company where they wanted to have a chat about it all.. and the poster came on here asking you for facts originally about what could it lead to. your reply was nothing.. then as it developed into a constructive dismissal (that they instigated) the poster asked about how much vento bandings were etc. to which you started off saying the poster was just money grabbing and had no case.

remember the advice you gave, that the insulting memos were not evidence, poster didnt have a leg to stand on and should give up, that the investigation was just the ex-company dotting the i and crossing the t so just let them do that,

well i was that poster and against your advice letting a company that can be insulting to a person wth a disability get away with it. and also advising to allow them to cover their backs by saying nothing and letting them dot i and cross t.. you seriously failed on giving proper guideance..

you did not even ask questions to understand scenario.. you just presumed and formed opinions.

well i followed my heart and my own logic and understanding. and guess what they backed down!!!

so dont waffle on showing off your legal jargon mention subsection this.. form number that, buraucrasy document blah blah blah.. just give them proper advice. if they cant go down one route EG ACAS tell them what other route to follow.

people come here for advice on what paths to take not what brick walls to run against.

OP small claims court is the route to follow. you have the proof that they agreed to pay. use your rota and trainingday appointments along with the employment contract as a guide to value of earnings lost.

fabio11

Thanks but small claim court is upto 500 and we are talking something £3000 here.
MOrover if future which court to contact if company fails to pay me royalties in case ET dismisses the case.

Uncertain

fabio11 wrote: »

Thanks but small claim court is upto 500 and we are talking something £3000 here.
MOrover if future which court to contact if company fails to pay me royalties in case ET dismisses the case.

No, small claims limit is currently £5000 (five thousand).

fabio11

can someone please explain me what does it exactly mean case is dismissed and if I contest how should I contest that case is not dismissed.
Morover what does it means case is not dismissed, does it means case is re-instated or it means that case can br brought back at later date.
And if it can be brough back whether it can be brough back to Tribunal or county court?

SarEl

mitch161 wrote: »

{quote}


so dont waffle on showing off your legal jargon mention subsection this.. form number that, buraucrasy document blah blah blah.. just give them proper advice. if they cant go down one route EG ACAS tell them what other route to follow.

.

All of this is, of course, completely unevidenced. It is so easy to say something and not have to prove it. We have no evidence of who you are, or whether you have ever set foot inside a tribunal, never miind won one. We do have evidence that you don't know what you are talking about in this case though.

But I have never, and there are plenty of perople to attest to this, ever used legal jargon or legal gobbledegook on this board. You turn up on this board and a couple of days later you are a legal expert, with claims that cannot be proven. Like I said - gret advice.

SarEl

Fabio - one last time, and this it it for me.

The employer has applied for the case to be dismissed on the basis that it is settled. The tribunal are looking for you to confirm this. ACAS will, or should, have told them the same thing. You need to do the following:

(a) check what you actually agreed to with ACAS - the exact wording. Make sure that the agreement was what you think it was. Discuss the matter with ACAS and tell them that the employer has not comlplied.
(b) tell the tribunal office that the employer has not complied with the settlement agreed and that you do not agree to the case being dismissed until they do. If the case has not been dismissed then it can be re-instated - not brought again. But, if you have written to the tribunal and withdrawn the claim you may not be able to reinstate the case.
(c) if you cannot reinstate the case, the settlement is still legally enforceable, but you have to prove your case. So you have to show that the employer owes the money, and the amount that they owe. You would have to send a letter before action making your claim of the employer, and if they do not pay then you will have to make a claim to the small claims court for the money. But you will have to show that it is owed - that means that you have to show that the training days were agreed and that you should have been paid for them under the terms of whatever you agreed in your e-mails with ACAS.

I have told you all this already. Now you can listen to me or you can listen to someone else. It is your decision. But don't come back and blame people here if you follow the wrong advice.

fabio11

Thanks SarEl,
Your help is much appreciated. Wish I could have afforded such professional advice.
One pending question is what to do in few years time when the royalties issues turns earliest may be in 2 years time.