Advice after Tribunal please help!

cladcat6

Hi Guys

I wonder if anyone can help?
I had Tribunal hearing this year and didn't win. I could not appeal the decision either. Long before the hearing my employer paid me £5 for owed holidays(it should have been 13 days+ bank holidays) as there was a clause in the contract that they can do that in case of disciplinary procedures - pay nominated amount.
My solicitor advised to write a letter to them that they still owe me money under general contract of law and if they decline to give it back, to claim it through small claims track.
Has anyone had this experience or can advise me please?

zzzLazyDaisy

I am surprised that a solicitor gave you that advice, as the general rule is that you cannot litigate a dispute twice. Unless, of course, you mean that this was a separate dispute which was not put before the employment tribunal for consideration?

cladcat6

Hello

Thank you for your reply. I'm not sure why he advised me this.
The employer owed me holiday, notice and bonus pay. During the hearing the claim for all this money withdrawn because otherwise the other side could claim costs. That's why I wonder how can I claim it again?

PHILANTHROPIST

zzzLazyDaisy wrote: »

I am surprised that a solicitor gave you that advice, as the general rule is that you cannot litigate a dispute twice. Unless, of course, you mean that this was a separate dispute which was not put before the employment tribunal for consideration?

Clad cat ... Daisy may be right ; I believe it is called "double jeopardy".

Did solicitor advise you to make such a claim in a written advice letter?, and if so, do you still have a copy.

If so, I may be able to help you pro bono to complain about such apparent woeful service. Does not matter whether you were charged or not. I enjoy helping folk to submit (legitimate)complaints about solicitors !

cladcat6

Hi Philantropist

Thanks for your advise but I'm far from complaining about him. He worked on no win no fee so he didn't get any money t of it. Due to the fact that it all took a 1,5 year I can't see myself complaining anymore. Feel exhausted!