Do I Need An Employment Tribunal? Where Do I Start?

Primrose85

Hello,

I am in a bit of a situation and I don't know what on earth to do. I have never experienced anything like this before, and do not know anyone who can give me advice. I feel like I am running out of time to fix this but I don't know where to start.

I handed in my 2 months notice to my previous job, with a leaving date of September 30th. Unfortunately, due to a back injury, I was off sick between August 31st-September 17th. My boss happened to be a friend of mine, and it was suggested my final working day was pushed forward. I did not agree at first, but after thinking about it I suggested I left finally on September 17th, the last day of my 'signed off' period from the doctor.

I thought everything was fine, and expected my final pay at the end of September. I did not receive anything, and no amount of phone calls, emails, text messages, even social networking messages, could get me anywhere. I received the odd message here and there, to tell me the problem was out of there hands and they couldn't calculate my final pay.

It is now November and I have left things this long before I sought legal advice because I trusted them to sort things out. My relationship with them has now turned sour and I do not know what to do. Where do I go? What are my rights? Do I have to take them to court?

Its coming up to Christmas and I could really do with the money - we are really struggling.

Sorry for rambling - any help is much, much appreciated.

miduck

You could go to tribunal, but it would be far simpler to go to the small claims court. Do you know how much you are owed? Write a "Letter Before Action" (you can find examples on Google) stating they have fourteen days to pay you what you are owed, and if not you will issue an action through the small claims court. You can make the claim online, and it is pretty simple.

LunaLady

When you were employed did you receive sick pay?

Primrose85

Thank you - that is helpful.

To be honest, I have no idea how much I am owed. I was off sick for approx 17 days, and my final pay needs to be calculated, taking off any holiday days I wasn't entitled to (days I took before making the decision to quit). I don't actually know if I took too many or not, I don't have a record.

I am also wondering if there is much point chasing this up. I wasn't on a large salary at all. I don't want to have to spend money I don't have chasing this up in court.

Primrose85

LunaLady wrote: »

When you were employed did you receive sick pay?

No, I have not received any sick pay.

miduck

Primrose85 wrote: »

Thank you - that is helpful.

To be honest, I have no idea how much I am owed. I was off sick for approx 17 days, and my final pay needs to be calculated, taking off any holiday days I wasn't entitled to (days I took before making the decision to quit). I don't actually know if I took too many or not, I don't have a record.

I am also wondering if there is much point chasing this up. I wasn't on a large salary at all. I don't want to have to spend money I don't have chasing this up in court.

If you win your case (and it appears that you would) then the other party will pay the fee, or if you are now on a low income, or certain benefits, you don't even pay the fee in the first place.

Maybe worth sitting down and trying to work out how many holidays you have taken - you'll need to know when your holiday year ends to work out if you have taken too many. Also, do you know if you are paid in arrears/ in advance etc?

You could make a rough estimate and send the letter before action detailing the figure - this gives them something to respond to. There is no compulsion on you to take it further if you still don't get a remedy at this point.

LunaLady

Primrose85 wrote: »

No, I have not received any sick pay.

Have you ever received it in the past?

Primrose85

miduck - Thanks for the info.

I am now only working part time on minimum wage (hence why I am so bothered about the extra money). I just can't believe things have come to this, I have tried so hard to keep things civil - it has even reached the stage where I am now blocked on Facebook, how pathetic!!

Unfortunately I don't think I can work out how many holidays I may or may not be entitled to. For a start, I am extremely disorganised and forgetful, and for a while they were also giving me random holiday days here and there that I did not ask for. I didn't say anything because I was happy for the extra days off and didn't think I would ever need to keep a record.

LunaLady - I have never received sick pay before. I am not the type to take sick days unless I really need them. Admittedly, I had been off a day here and a day there throughout my year working with these people, but never to excess. I am only human after all. *sigh*

cr1mson

Ok maybe I being stupid here (please feel free to correct me) but

You were paid on 31st August for work up until 31st August.
You left on 17th September having been sick since 31st August.
You do not get paid if you are sick.

Therefore on 30th September you are due nothing in terms of pay. Only thing you may be due is holidays owed but as you have no records of what you have taken this would be difficult to prove and you could actually owe them.

C

LunaLady

cr1mson wrote: »

Ok maybe I being stupid here (please feel free to correct me) but

You were paid on 31st August for work up until 31st August.
You left on 17th September having been sick since 31st August.
You do not get paid if you are sick.

Therefore on 30th September you are due nothing in terms of pay. Only thing you may be due is holidays owed but as you have no records of what you have taken this would be difficult to prove and you could actually owe them.

C

I have to say thats how I see it too.

Ewarwoowar2

I disagree with the advice above. You'd be better off in the employment tribunal. There is no fee in the tribunal and the employer cannot counter claim against you, plus a small claims court has no standing to decide whether you are owed untaken holiday pay.

Tribunal's are set up to have quick hearings for unpaid wages and holiday pay.

You don't need a solicitor, just work out what you're owed and why.