I WON AN EMPLOYMENT TRIBUNAL, NOW MY X EMPLOYER IS TAKING ME TO COURT?

canonman

Hi all I am posting this on behalf of my partner.

I was hoping that someone could clear an issue that I have with a previous employer. I have recently won a employment tribunal from them and I believe that this "win" is the reason why they are going to the small claims court to counter me for as they put on the online civil money claims form "I walked out of employment"

Back Story

I worked for a small mortgage company for 9 months with 4 Staff including the owner. Everything was fine until a family member was critically ill and I was told they less than a week to live. I went into the office after telling the owner the night before about the situation. The next day I arrived at the office early to make a start and I was going to continue employment until the family member passed away and then was going to take time off. The owner of the business showed no compassion to the situation as naturally I was upset, this escalated with some arguments and I then asked for a few days off to to obviously reflect and take time off for my mental health at this point. The owner said that is fine, I left, There was not discussion of taking this paid or unpaid or compassionate leave or any form.

During my time off, I asked to speak to the HR department to see what my options where, in which I was told we don't have one and later discovered at the employment tribunal that payroll is outsourced also which caused me huge issues when trying to claim universal credit. 

During the 3 days off I received lots of unwanted contact from the owner when I requested her not to speak to me, the nature of the messages from the owner about don't take my family life on work, and inappropriate comments such as have they "died yet" all of this I have as text messages for evidence. Due to this I did not feel comfortable returning to work and handed my notice in via email and asked what do you require from me? there was no further communication other than a message from me to ask to see my final salary payslip. 

I awaited my final payment from them which was unpaid Holidays, when I did received my payslip the owner had deducted money for "exam costs" which the total was more or less what my holidays accrued to. I went over my employment contract and had it looked over and it did not state anywhere that deductions would be taken. I also had other people look at the contract and it was described to me as a "google free contact" very basic and lacking any real information. The defence from the previous employer was pages of irrelevance and was quoting things such as I went out that night to see friends so I cant have been that upset and not a single valid reason they unlawfully deducted wages, they said they outsource the payroll so they where not at fault. They also incorrectly completed my payroll to look like I have been paid, due to this i was not able to claim any universal credit.  The day of the employment tribunal the judge looked at the contract and awarded me my wages back and dismissed anything that my previous employer said as irrelevance and a waste of time. 

30 Minutes after the employment tribunal I received an email from the small claims court from my previous employer stating and this is what is on the online money claims form " That I had walked out of employment" and she is seeking the same money back the court awarded me with interest and court fees.

So my questions are:

1) Is this a reaction to loosing the employment tribunal and if this was the case, why leave it so late?
2) I left due to abuse from them, during a difficult time with the loss a family member.
3) In my contract there is no grievance policy?
4) No HR department or any mention of someone I can discuss these issues with, the only person was the owner who I had the disputes with.

It would be great if anyone can shed any light on this situation.

thanks

caeler

You didn’t work your notice which you were contractually obliged to give so I’m sure they are trying to recoup their losses from your presumably successful claim of unlawful deduction of wages for the “exam costs”. They should have a grievance procedure but if not the default is ACAS. No requirement to have a HR department and you will have to deal with an owner of a very small company. It’s a shame they weren’t more empathetic to your plight but it sounds like you sort of disappeared on them for what I’m sure you felt were good reasons.

74jax

canonman said:

So my questions are:

1) Is this a reaction to loosing the employment tribunal and if this was the case, why leave it so late?  

Why leave what so late, you say it was quickly after (30mins)? 
2) I left due to abuse from them, during a difficult time with the loss a family member. I don't understand your question here sorry. 
3) In my contract there is no grievance policy?
This is a statement, not a question. In future if they're isn't one I would revert to the gov.uk or acas. 
4) No HR department or any mention of someone I can discuss these issues with, the only person was the owner who I had the disputes with..
Again this isn't a question? 

thanks

In bold above. 

Manxman_in_exile

canonman said:

...
30 Minutes after the employment tribunal I received an email from the small claims court from my previous employer stating and this is what is on the online money claims form " That I had walked out of employment" and she is seeking the same money back the court awarded me with interest and court fees.
...

I'm surprised that your former employer was so quick off the mark that you were notified of their court claim just 30 minutes after you won your tribunal.  I think it more likely that perhaps they had started the claim much earlier and it has nothing to do with your tribunal victory.

Did you receive a Letter before Claim from them notifying you that they were going to sue you?  You should have received one.

I'm not that familiar with small claims procedure but I'm surprised that the court would notify you of the claim by e-mail(?).  I would have thought that any notification and the Particulars of claim would have to be served on you by ordinary mail through the post - not email.

Are you sure it is genuine?  Or are you perhaps confused about what you have actually received?  Can you explain what you've received?

EDIT:  Looking at some of your previous threads, is this just another wind-up?  I'm thinking, for example, of the police looking for the Rug Doctor you "forgot" to return and them taking the serial numbers of the electrical equipment you were "testing" at home

https://forums.moneysavingexpert.com/discussion/4650907/need-advice-with-the-police-and-there-misconduct#latest

And

https://forums.moneysavingexpert.com/discussion/5908662/speeding-fine-with-a-twist/p3

74jax

Manxman_in_exile said:

canonman said:

...
30 Minutes after the employment tribunal I received an email from the small claims court from my previous employer stating and this is what is on the online money claims form " That I had walked out of employment" and she is seeking the same money back the court awarded me with interest and court fees.
...

EDIT:  Looking at some of your previous threads, is this just another wind-up?  I'm thinking, for example, of the police looking for the Rug Doctor you "forgot" to return and them taking the serial numbers of the electrical equipment you were "testing" at home

https://forums.moneysavingexpert.com/discussion/4650907/need-advice-with-the-police-and-there-misconduct#latest

And

https://forums.moneysavingexpert.com/discussion/5908662/speeding-fine-with-a-twist/p3

Well spotted. Gutted I got pulled in. 
The rug doctor is a classic too! 

[Deleted User]

Hi all "I am posting this on behalf of my partner."
I am sorry for the loss of a close one.
Maybe the advice should have been come here before resorted to a tribunal as it was often said on here in such matters,
"Sue us and we'll sue you"
I have been in this situation but choosing not to go through EC/tribunal for what was 2 week's wages (and a whole lot more potential unpleasantness in doing so) but please let your partner know, everything about dealing with a small business that has been mentioned, was my experience too.

robatwork

For those still reading - do not respond. The OP has history of posting fantastical stories and then never following up. Classic trolling although taken up a notch here.

As Manxman pointed out look at the rugdoctor post from 2013 - I even responded to that one and can't believe not one person liked it. Shame on you all. 

Marcon

robatwork said:

For those still reading - do not respond. The OP has history of posting fantastical stories and then never following up. Classic trolling although taken up a notch here.

As Manxman pointed out look at the rugdoctor post from 2013 - I even responded to that one and can't believe not one person liked it. Shame on you all. 

At least they give other readers a clue by admitting they are telling 'a story' !

Smithcom

I have read some of the OP's other posts.
The OP definitely needs some professional help.
The bit that I like best is ''I worked for a small mortgage company for 9 months with 4 Staff including the owner'', and then ''During my time off, I asked to speak to the HR department''.    4 staff (including owner), and looking for an HR department!!!!!  

buglawton

Haha I spotted that one too. 4 person outfit with an HR dept!

Similar in a way to a fake TikTok video showing a woman paralysed in hospital 24 hours after her 2nd jab. There were 2 visitors sitting in her room - presumably meant to be her parents - and neither the patient nor the visitors were wearing a mask!

juraj.kecso

What exactly was the tribunal claim that you made and won?