leaving work,

Midnites

I put my notice in at work , i was still owed holiday pay which i never received, the owner said she owes me nothing, i went through acas and got a certificate to proceed to a tribunal, i am claiming for holdiays i was due, overtime and no breaks, total under £5oo, i had to pay £250 fee, and a further £950 in two weeks before the tribunal,
I have just heard today that the claim could be thrown out because of illegalities due to the boss paying us so much out of her own pocket and not all wages going through properly, so could loose £1200
any one able to give me some advice please. Thank you

Bogalot

What are the illegalities you refer to, who has told you the case may be thrown out?

Guest101

You're spending £1200 chasing £500 - madness!

Mersey_2

It only costs from £30 to issue in the County Court for owed wages, so I certainly wouldn't trouble an ET with it.


You can report any illegalities such as an employer not paying the NMW or NICs separately.

t0rt0ise

When I was owed holiday pay after leaving I threatened them with the small claims court. They immediately paid up.

Midnites

Thanks for your reply,
acas told me my boss has gone to CAB and they said when the tribunal judge hears there are legalities the judge may throw the case out, Also she has Cab helping her, i went to them but because its in the same location they can not help me, i am not on benefits, have no transport but they want me to travel over 30 miles to the next CAB who i spoke to today and they can not help me as they have no funding left. Yet my ex boss owns a shop and two houses and she gets free help, CAB told me to get a solicitor, which i can not afford

Midnites

Thanks for your reply
I was told to go to acas at the start this has been ongoing since the begining of october last year, i did not realise it was going to cost 1200 at first.

Guest101

Stop whilst your only so far behind

Midnites

what do you mean

Jonners85

Let it go...?

daytona0

You are risking £1200 to win "just under £500".

You need to be correct roughly 70% (just slightly more) of the time here to break even (mathematically). I don't think you have odds that good! Not even close.

You're onto a loser here! Too much risk and too little reward.

Either this is being done out of spite (ie to get back at your ex employer), or you are off your rocker!

Plus, if something illegal has taken place (wages being paid in cash and not through the books comes to mind) then you have to be mindful that HMRC may well be alerted to this too.... Are you confident that you have paid enough tax this year? If you haven't then don't rule out being slapped with a tax bill and/or a fine later on in the year! Especially if you are making a fuss with ACAS and CAB

Small claims court was the way to go. Not least if you KNEW there was something dodgy about the payments!! But maybe you didn't know in fairness. Even so, some battles are just not worth it and I wish you luck because you'll need it!