can you take a former employer to the employment tribunal

tir21

got TUPED but former employer has paid insufficient amount on last pay slip and has not paid redundancy pay

nicechap

If you got TUPED how were you made redundant?

Based on your other thread, you should collect together all your evidence and go and get independent legal advice rather than rely on strangers on the internet.

https://forums.moneysavingexpert.com/discussion/5940101/made-redundant-with-insufficent-notice-3-weeks-short-of-10-year-cos

tir21

didn't get tuped on full amount of hours

steampowered

If you feel that you have been underpaid, then you have a choice between using the Employment Tribunal system or the county court system.

The Employment Tribunals have very strict time limits. In general you need to have approached ACAS within 3 months.

The time limit for the court system is much longer - 6 years.

tir21

steampowered wrote: »

If you feel that you have been underpaid, then you have a choice between using the Employment Tribunal system or the county court system.

The Employment Tribunals have very strict time limits. In general you need to have approached ACAS within 3 months.

The time limit for the court system is much longer - 6 years.

thanks. Other than time frames - is there any reason to choose the one legal route rather than the other?

getmore4less

Got TUPED but former employer has paid insufficient amount on last pay slip and has not paid redundancy pay

what are they short there will be no redundancy pay and they only have to pay you up to point of transfer.

didn't get tuped on full amount of hours

Your claim is the new employer has failed to honour the contract at point of transfer.

you may need to drag both employers into a ET as you will have trouble proving any debt with the old employer.

tir21

getmore4less wrote: »

what are they short there will be no redundancy pay and they only have to pay you up to point of transfer.


Your claim is the new employer has failed to honour the contract at point of transfer.

you may need to drag both employers into a ET as you will have trouble proving any debt with the old employer.

I was on two separate contracts with the old employer. different holiday allowance, different
pay rate

getmore4less

There is no way you can do this on your own, you have been unable to explain in a coherent way what has happened.

steampowered

tir21 wrote: »

thanks. Other than time frames - is there any reason to choose the one legal route rather than the other?

There are some types of claim (e.g. unfair dismissal) where you have to go to Employment Tribunal. For unpaid pay claims, you have a free choice.

One of the key advantages of the ET is that it is free.

With the county courts, you will have to pay court fees, but those will have to be paid by the Defendant if you are successful.

Personally I think the court system is a better bet if you have a clear-cut case. Court tends to be a bit more effective and a bit quicker.

tir21

getmore4less wrote: »

There is no way you can do this on your own, you have been unable to explain in a coherent way what has happened.

I've been very coherent. i worked for a company. had two separate contacts. worked at two different locations. one location was tuped. the other location was not and that role ended

agrinnall

tir21 wrote: »

I've been very coherent. i worked for a company. had two separate contacts. worked at two different locations. one location was tuped. the other location was not and that role ended

Well that wasn't at all clear from your previous posts. The TUPE has nothing to do with what your claim is about, it's a simple underpayment by an employer who has made you redundant. Assuming you are still in time then it's a no-brainer to go to an ET.