In court with ex-employer

embob74

LL30 wrote: »

Sorry, I can't offer any advice but just to let you know that when I went through the tribunal process, my ex employers didn't stick to any of the time frames given for handing paperwork over - it got to the point where there really was no point in there being these rules as they simply didn't stick to them.

That's terrible....but from what I have found out it isn't all that uncommon. It does seem very unfair. I asked the court officer whether documents would be allowed if they weren't shown to me beforehand and it's down to the judge....so they could allow it :mad:
All I ask for is a fair playing field and the truth to be told (although I realise each parties version of the truth is likely to be quite different!).
My employer is taking me to small claims court so should be less informal than a tribunal, I gather there is a meeting in a side room to try and settle before the hearing so here's hoping :beer:

paddyrg

Whether the employer chose to use a trainee or just a competent person is none of your concern and should be none of your cost. It is a red herring. Have you been paid for the hours you worked? Have you been paid for hours you didn't work? Assuming yes and no, then there really isn't much of a case here that I can see. Are they claiming you breached your contract? Give the judge a copy of your contract. Did they not give you a contract? Then make this clear in your case. I really can't see they've much of a leg to stand on as long as you demonstrate that you did x hours, and were paid for x hours.

Mistral001

embob74 wrote: »

My employer is taking me to small claims court so should be less informal than a tribunal, I gather there is a meeting in a side room to try and settle before the hearing so here's hoping :beer:

I have never been to a tribunial, but I have been to the Small Claims Court and High Court etc.

I often hear it mentioned that the Small Claims Court is informal, but in my experience the informality is fairly superficial and really it is just as formal as the High Court as far as I can see.

There might not be as many people there, it might be held in a fairly ordinary room (though the one I went to was fairly courtroom-like), and the judge might not wear a wig, but the procedures are fairly similar to those of the High Court as far as I can see. You and witnesses are sworn in etc. In other words it is still a court of law.

CapJ

embob74 wrote: »

That's terrible....but from what I have found out it isn't all that uncommon. It does seem very unfair. I asked the court officer whether documents would be allowed if they weren't shown to me beforehand and it's down to the judge....so they could allow it :mad:
All I ask for is a fair playing field and the truth to be told (although I realise each parties version of the truth is likely to be quite different!).
My employer is taking me to small claims court so should be less informal than a tribunal, I gather there is a meeting in a side room to try and settle before the hearing so here's hoping :beer:

Write to the employer now, copying the court, saying that as of such date you have recieved only the allocation questionnaire with no documents attached. Ask them to send you any other documents they will be relying on.

You need to establish now that they haven't been shown to you.

SueC_2

Is there more to this than meets the eye?

I only ask as I find it so incredible that a company would go to all the hassle and expense of legal proceedings for just a few hundred quid.

CapJ

SueC wrote: »

Is there more to this than meets the eye?

I only ask as I find it so incredible that a company would go to all the hassle and expense of legal proceedings for just a few hundred quid.

There is more to it but the OP seems to be being fairly open. See here for the history:

https://forums.moneysavingexpert.com/discussion/3397014