Employer taking me to court for no notice

SarEl

Mistral001 wrote: »

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.

? No tribunal in sight! This is a court summons for breach of contract and compensatory claim - nothing to do with wages or what have or haven't been paid.

Mistral001

SarEl wrote: »

? No tribunal in sight! This is a court summons for breach of contract and compensatory claim - nothing to do with wages or what have or haven't been paid.

I see. Got confused by the use of "tribunal claim" in several posts. Not familiar with all of the legal terms.

But to elaborate on my point in the previous post. I think that the OP should not assume that the employer is stupid or having fun (though that maybe the case) and to have all her facts 100% accurate before going to the ---- thingaby.

DVardysShadow

SarEl wrote: »

No you don't need to start talking like a lawyer and you will trip over yourself if you do! Plain English - just say that there is no quantifiable loss to the employer because they did not pay your wages for the period claimed and the amount they paid out was equivalent to your wages and nothing more, so there is is no loss to the employer as a result of your alleged brief. Make sure you say alleged!

brief -> breach

DVardysShadow

embob are you still owed pay for any shift which you worked?

Hammyman

SarEl wrote: »

So much for my thinking they were bluffing. Nobody ever believes these things do happen....

One day people will stop telling me I'm talking rubbish when I say it does, eh SarEl?

SarEl

WellI wasn't one of them was I? I have always said that it is rare, it is usually a bluff but that I have known it to happen. On the other hand, the cases that I have known to happen actually had a case!

Debt_Free_Chick

embob74 wrote: »

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.

I can't see that they will win this. They had to pay "someone" - they've paid another person, but not you so they've only paid out once. So they're in exactly the same position they would have been in, if you'd worked them. Normally a claim like this will only succeed if they've paid out extra :think:

embob74

Just wanted to clarify that the employers paid my wages and holiday pay owed up to date by cheque a day before the summons arrived!
Half of the wages were owed from the month before so they did delay but I have them now. I had worked out that they calculate their holiday rate below the stat. minimum but it only means 2 days I have lost and I'm just happy to be paid and not have to chase the money.

embob74

Mistral001 wrote: »

Before going to the tribunial, I suggest that you double check whether you did not get paid.

I was due to be paid on the last Friday in July for the shifts worked in June. When no payment was made in the bank I telephoned the employer who admitted they were not paying me due to me having left with no notice.
I was due another payment on the last Friday in August for July's shifts - I have been paid this along with July's wages and owed holiday pay.

I only got one wage slip which covers July's due payment. I would like August's wage slip - should I just send a letter politely requesting it? What can I do if they don't send one?

vax2002

Have you been served with stamped court papers.

Hold your horses soothe sayers...until we have some facts