Tribunal claim withdrawal but not dismissed

Anon78

This was dated Jan the 5th.

'I have advise the solicitor to process the claims now as you advised over Christmas that all staff had rejected. Can you confirm **** is still paying the correct pay and when he commenced the correct payments '

This is what they asked me in January. I emailed them the day the wages changed, telling them them the employer had started paying minimum wage overnight, and that was for the month of September.

Anon78

I phoned the union but my rep is away until this afternoon so she's going to phone me back later.

I spoke to a colleague of my solicitor and she said the reason we were out of time is because the solicitor thought my employer was still under paying us in October and November. The newer payslips had the same set rate on them, but had a 'make up' category, which made up the other hours.

But I also emailed the union back in September saying that he had correctly paid us for that month.

The solicitor, well his colleague still wants us to send the permission forms off to withdraw the claim from the tribunal as there is a hearing on the 23rd of May.

So these must go back but I'm afraid by doing that then we're just agreeing with them like you said in a previous post.

sangie595

Anon78 wrote: »

I phoned the union but my rep is away until this afternoon so she's going to phone me back later.

I spoke to a colleague of my solicitor and she said the reason we were out of time is because the solicitor thought my employer was still under paying us in October and November. The newer payslips had the same set rate on them, but had a 'make up' category, which made up the other hours.

But I also emailed the union back in September saying that he had correctly paid us for that month.

The solicitor, well his colleague still wants us to send the permission forms off to withdraw the claim from the tribunal as there is a hearing on the 23rd of May.

So these must go back but I'm afraid by doing that then we're just agreeing with them like you said in a previous post.





I also told the union that he was paying us correctly back in September.

Talk to the union first, but my take on this is that you probably do need to withdraw, but making it absolutely clear that you are not satisfied and that someone has made a huge mistake which puts your claim at risk, so you will be looking for answers and compensation if you now lose because of this failing. It still isn't clear who is at fault - the union or the solicitor. But someone is.

Anon78

I heard from my union rep and he is looking into it and will get back to me with some information.

sangie595

Anon78 wrote: »

I heard from my union rep and he is looking into it and will get back to me with some information.

Good - come back and let us know what is said.

Anon78

I will, I haven't heard anything else since he emailed me earlier. And once again I thank you for helping me.

Anon78

No real update as such, the union is trying to get to the bottom of why this has happened. So I don't know. Still unsure of how it will play out but at least their helping some.

sangie595

Well that is a start. They know about the need to withdraw the claim, so they should be able to sort through what has happened

Anon78

Ok another update and probably last one lol. Our boss has put pressure on all of into taking the offer. There have been many threats, in regard to shift changes, loss of money, and even being sued (which I don't think is possible).

But anyway more than half of the staff have accepted the offer and the solicitor doesn't think it's financially viable to procede any further with the court and the rest of us should take the offer.

The solicitor was at fault with the whole running out of time thing due to making mistakes on the payslips, the dates.

The union says that is ok because he rectified it by withdrawing it successfully and putting it into the county court.

So now, the rest of us have to accept an offer that is twenty times less than the amount owed, even though the union and the solicitor said we had a good case.

So the options we have is take the offer, take the solicitor on for negligence or procede with the case but fund it ourselves.

sangie595

Not a good outcome, but I agree that any case is undermined by the bulk of the staff taking the offer. Take the money. It is better than spending a fortune on trying to prove a point.