Employer taking me to court for no notice

bluenoseam

Have you been given a breakdown of what it cost to get the other employee in or are you basing it on an assumption that they paid them the same rate they paid you? Given then had to cover you no doubt on overtime or short notice it would not be unheard of for them to offer a premium for that shift based on inconvenience. Never assume anything (to assume is to make an @ss out of u & me as the old phrase goes) always base any argument or response on the facts you have at hand.

embob74

bluenoseam wrote: »

Given then had to cover you no doubt on overtime or short notice it would not be unheard of for them to offer a premium for that shift based on inconvenience.

The costs of covering my shifts have been stated by the employer on the claim form. 2 shifts @ £76 and 2 shifts @ £80.....exactly the same rate at which I would have been paid had I worked the shifts.

embob74

SarEl wrote: »

So much for my thinking they were bluffing. Nobody ever believes these things do happen.... but frankly even if they had a case, I can't see the purpose in taking this this far over a part-time cleaining job! No offence - nothing against cleaners - but this has got to be an all time record in stupidity.
No you don't need to start talking like a lawyer and you will trip over yourself if you do!

Thank you again for your sound advice. I will keep it plain and simple.
I did doubt they would actually go forward with the claim but I imagine a lot of court cases are as a result of indignation rather than logic!

SarEl

embob74 wrote: »

Thank you again for your sound advice. I will keep it plain and simple.
I did doubt they would actually go forward with the claim but I imagine a lot of court cases are as a result of indignation rather than logic!

Actually pretty rarely outside tribunals, I have to say. The tribunal system tends to encourage such "daft claims", not because people are stupid or vexatious but because they think that "fair in law" and "fair in the world" are the same thing, and they fail to understand what tribunals actually do. But generally most people would prefer to stay away from courts. Of course, you are still in time to lodge a tribunal claim - which you absolutely won't win, but you could string them along winding up their costs a bit. After all, without a lawyer to tell you that the claim isn't founded, you won't be doing anything dafter than (a) them or (b) a lot of other people who don't undersdtand the law, and you are only at risk of costs if you are deliberately vexatious and ignore the judge when s/he says forget it! Not that I entirely approve of lodging claims you know won't win, because it just clogs up the system for real claims - but in this case it may be justified to strike back. They are being not only stupid but unreasonably bloody minded.

mariefab

.....and, if you can evidence that you were entitled to it, you might be able to recover your outstanding holiday pay by way of a claim that it was an unauthorised deduction of wages.

SarEl

mariefab wrote: »

.....and, if you can evidence that you were entitled to it, you might be able to recover your outstanding holiday pay by way of a claim that it was an unauthorised deduction of wages.

Well spotted - I admit that I was rushing and didn't fully review the thread again. You could counter claim the holiday pay owed in the county court, but I would be tempted, very much against my best judgement, to say lodge a tribunal claim for unfair constructive dismissal, sex discrimination and unpaid holidays. That will make at least one part of the claim vaild! Don't forget that such a claim has to be in 3 months less a day from the date you resigned. Bear in mind that you cannot make a claim both to the tribunal and to the county court for the holiday - so you must pick your ground and fight on the one you choose. But whilst they could lodge a county court claim without legal advice - and I suspect have - they could not defend such a tribunal claim without it. And at what a solicitor costs, never mind the fees I would charge if it got to barristers opinion, the bill will be in £1,000's within a handful of weeks!

Uncertain

SarEl wrote: »

Well spotted - I admit that I was rushing and didn't fully review the thread again. You could counter claim the holiday pay owed in the county court, but I would be tempted, very much against my best judgement, to say lodge a tribunal claim for unfair constructive dismissal, sex discrimination and unpaid holidays. That will make at least one part of the claim vaild! Don't forget that such a claim has to be in 3 months less a day from the date you resigned. Bear in mind that you cannot make a claim both to the tribunal and to the county court for the holiday - so you must pick your ground and fight on the one you choose. But whilst they could lodge a county court claim without legal advice - and I suspect have - they could not defend such a tribunal claim without it. And at what a solicitor costs, never mind the fees I would charge if it got to barristers opinion, the bill will be in £1,000's within a handful of weeks!

I would wholeheartedly agree with this.

It seems the employers have behaved with the predictable keen jerk reaction that is often recommended by some of the more ignorant posters on this forum!

The fact that some part of the potential tribunal claim is valid (indeed unarguable) nicely protects from any remote possibility of costs.

Also (and I'm sure SarEl will correct me if I'm wrong) the employers have nicely declared the full extent of their losses which are exactly matched by their saving on the OP's wages! What are they on and can I have some please?

OP, you can have some real fun and satisfaction with this!

Uncertain

SarEl wrote: »

But whilst they could lodge a county court claim without legal advice - and I suspect have - they could not defend such a tribunal claim without it.

Well, they may be stupid enough to try!

SarEl

Uncertain wrote: »

Well, they may be stupid enough to try!

True - but it is my experience that even the stupidest of employers run to lawyers faced with a tribunal claim. They have read the same ridiculous headlines that employees have!

Mistral001

embob74

As others have said the claim they have made being equal to the money they owe you all seems a bit strange.

Before going to the tribunial, I suggest that you double check whether you did not get paid. If your wages were paid directly into your bank account, mistakes can easily be made when reading your mini statement in the heat of the moment with the way you were treated by this employer. Rather than deliberately with-holding your pay they could have made a mistake and think that they have actually paid you, in which case they will look foolish at the tribunial. In any case I would have another look.