ET case help with Schedule of Loss: Not paid wages, no contract, "dismissed" for asking for pay.

SChitmehard

Hi all,

A kid in my street is going to ET and I have tried to help him with his case as a litigant in person. Kid is 18 years old and is his first job.

Long story short:

Kid applies for zero hours job, gets it. He is not given a contract to take away, but they ask him to sign some documents whilst he is there but he is not sure what he signed.

Company organised work using whatsapp group for shifts. He does around 10 shifts over 2 months.

He was meant to be paid after 1 month but was not paid, asked employer for pay and kept on doing work as employer promised to pay in 2 weeks later. Not paid after 2 weeks. He asks other employees if they have been paid and tells them that he has not been paid. Employer removes him from whatapps group so now he can't get any more work, is he "dismissed" at this point? Appears that employer removed him for contacting other employees and telling them that employer has not paid him/asking if they have been paid, but the effect is that he cannot get anymore work now.

He phones employer and they refuse to pay him. and tell him they will not be paying him.

The employer has done this to a few other of his colleagues too but those colleagues have not lodged an ET case as far as I know. They are willing to be witnesses.

He has logged an ET case for automatic unfair dismissal as he was dismissed when he asked for payment.

On his schedule of loss he is claiming:

loss of wages
holiday pay
lack of contract
interview expenses for next job
compensation for being unemployed between jobs
interest

1) Is he dismissed at the point he is blocked from whatsapp? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees). He had a zero hours job he tells me. He does not have a contract so I can't check. 

2) Is there anything else he can claim in his schedule of loss eg ACAS uplift OR notice pay? - he has not been paid for 6 months now and employer has ignored ACAS contact.

3) Is it possible to add other people as Claimants (that didn't lodge a case) as joint Claimants? If not, how can I help those people recover their money as may be too late to lodge ET case on their behalf. This happened 6 months ago so time limit may be up or can it be extended?

Thanks.

Marcon

SChitmehard said:

Hi all,

A kid in my street is going to ET and I have tried to help him with his case as a litigant in person. Kid is 18 years old and is his first job.

Long story short:

Kid applies for zero hours job, gets it. He is not given a contract to take away, but they ask him to sign some documents whilst he is there but he is not sure what he signed.

Company organised work using whatsapp group for shifts. He does around 10 shifts over 2 months.

He was meant to be paid after 1 month but was not paid, kept on doing work as employer promised to pay in 2 weeks later. Not paid after 2 weeks. He asks other employees if they have been paid and tells them that he has not been paid. Employer removes him from whatapps group so now he can't get any more work, is he "dismissed" at this point? Appears that employer removed him for contacting other employees and telling them that employer has not paid him/asking if they have been paid, but the effect is that he cannot get anymore work now.

He phones employer and they refuse to pay him. and tell him they will not be paying him.

The employer has done this to a few other of his colleagues too but those colleagues have not lodged an ET case as far as I know. They are willing to be witnesses.

He has logged an ET case for automatic unfair dismissal as he was dismissed when he asked for payment.

On his schedule of loss he is claiming:

loss of wages
holiday pay
lack of contract
interview expenses for next job
compensation for being unemployed between jobs
interest

1) Is he dismissed at the point he is blocked from whatsapp? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees). He had a zero hours job he tells me. He does not have a contract so I can't check. 

2) Is there anything else he can claim in his schedule of loss eg ACAS uplift OR notice pay? - he has not been paid for 6 months now and employer has ignored ACAS contact.

3) Is it possible to add other people as Claimants (that didn't lodge a case) as joint Claimants? If not, how can I help those people recover their money as may be too late to lodge ET case on their behalf. This happened 6 months ago so time limit may be up or can it be extended?

Thanks.

Are you sure you're the best person to help, given your own history of employment issues eg https://forums.moneysavingexpert.com/discussion/6335001/sham-grievance-what-info-documents-to-request-for-appeal/p1

Setting a teenager off on what appears to be a massively overblown claim might be a worse start to the young man's working life than possibly treating it as a learning experience and moving on. Keeping a copy of anything he signs would be an excellent takeaway from all this...

turnitround

I thought you had to have worked for 2 years before you can go to tribunal for unfair dismissal and that you must start the claim within 3 months.

SChitmehard

Marcon said:

SChitmehard said:

Hi all,

A kid in my street is going to ET and I have tried to help him with his case as a litigant in person. Kid is 18 years old and is his first job.

Long story short:

Kid applies for zero hours job, gets it. He is not given a contract to take away, but they ask him to sign some documents whilst he is there but he is not sure what he signed.

Company organised work using whatsapp group for shifts. He does around 10 shifts over 2 months.

He was meant to be paid after 1 month but was not paid, kept on doing work as employer promised to pay in 2 weeks later. Not paid after 2 weeks. He asks other employees if they have been paid and tells them that he has not been paid. Employer removes him from whatapps group so now he can't get any more work, is he "dismissed" at this point? Appears that employer removed him for contacting other employees and telling them that employer has not paid him/asking if they have been paid, but the effect is that he cannot get anymore work now.

He phones employer and they refuse to pay him. and tell him they will not be paying him.

The employer has done this to a few other of his colleagues too but those colleagues have not lodged an ET case as far as I know. They are willing to be witnesses.

He has logged an ET case for automatic unfair dismissal as he was dismissed when he asked for payment.

On his schedule of loss he is claiming:

loss of wages
holiday pay
lack of contract
interview expenses for next job
compensation for being unemployed between jobs
interest

1) Is he dismissed at the point he is blocked from whatsapp? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees). He had a zero hours job he tells me. He does not have a contract so I can't check. 

2) Is there anything else he can claim in his schedule of loss eg ACAS uplift OR notice pay? - he has not been paid for 6 months now and employer has ignored ACAS contact.

3) Is it possible to add other people as Claimants (that didn't lodge a case) as joint Claimants? If not, how can I help those people recover their money as may be too late to lodge ET case on their behalf. This happened 6 months ago so time limit may be up or can it be extended?

Thanks.

Are you sure you're the best person to help, given your own history of employment issues eg https://forums.moneysavingexpert.com/discussion/6335001/sham-grievance-what-info-documents-to-request-for-appeal/p1

Setting a teenager off on what appears to be a massively overblown claim might be a worse start to the young man's working life than possibly treating it as a learning experience and moving on. Keeping a copy of anything he signs would be an excellent takeaway from all this...

Thanks for checking my history. A  few of the people in the street know about my case and one of the kids father asked for help.

The employer has refused point blank to pay him or engage with ACAS so will have to take it as far as it goes to get kids pay (it's only around £700 but he wants as much as he can get as he has student fees to pay!), and from speaking to him it appears the employer takes on young people/new arrivals to Britain, employs them for a few months, strings them along and never pays them. These people are young students or new arrivals and so do not know the law and don't have the money to take legal action and give up which is what this employer seems to rely on. I am just trying to help with the little knowledge I have to stop the employer exploiting these people since I work in social worker and helping people is the job.

I have drafted the Schedule of Loss for him, just wanting some advice if anyone can answer the above questions. And if there is any way to get money for the people that did not lodge the claim please let me know. Thanks.

SChitmehard

turnitround said:

I thought you had to have worked for 2 years before you can go to tribunal for unfair dismissal and that you must start the claim within 3 months.

Don't need 2 years when the employer doesn't pay you!

Marcon

SChitmehard said:

Marcon said:

SChitmehard said:

Hi all,

A kid in my street is going to ET and I have tried to help him with his case as a litigant in person. Kid is 18 years old and is his first job.

Long story short:

Kid applies for zero hours job, gets it. He is not given a contract to take away, but they ask him to sign some documents whilst he is there but he is not sure what he signed.

Company organised work using whatsapp group for shifts. He does around 10 shifts over 2 months.

He was meant to be paid after 1 month but was not paid, kept on doing work as employer promised to pay in 2 weeks later. Not paid after 2 weeks. He asks other employees if they have been paid and tells them that he has not been paid. Employer removes him from whatapps group so now he can't get any more work, is he "dismissed" at this point? Appears that employer removed him for contacting other employees and telling them that employer has not paid him/asking if they have been paid, but the effect is that he cannot get anymore work now.

He phones employer and they refuse to pay him. and tell him they will not be paying him.

The employer has done this to a few other of his colleagues too but those colleagues have not lodged an ET case as far as I know. They are willing to be witnesses.

He has logged an ET case for automatic unfair dismissal as he was dismissed when he asked for payment.

On his schedule of loss he is claiming:

loss of wages
holiday pay
lack of contract
interview expenses for next job
compensation for being unemployed between jobs
interest

1) Is he dismissed at the point he is blocked from whatsapp? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees). He had a zero hours job he tells me. He does not have a contract so I can't check. 

2) Is there anything else he can claim in his schedule of loss eg ACAS uplift OR notice pay? - he has not been paid for 6 months now and employer has ignored ACAS contact.

3) Is it possible to add other people as Claimants (that didn't lodge a case) as joint Claimants? If not, how can I help those people recover their money as may be too late to lodge ET case on their behalf. This happened 6 months ago so time limit may be up or can it be extended?

Thanks.

Are you sure you're the best person to help, given your own history of employment issues eg https://forums.moneysavingexpert.com/discussion/6335001/sham-grievance-what-info-documents-to-request-for-appeal/p1

Setting a teenager off on what appears to be a massively overblown claim might be a worse start to the young man's working life than possibly treating it as a learning experience and moving on. Keeping a copy of anything he signs would be an excellent takeaway from all this...

Thanks for checking my history. A  few of the people in the street know about my case and one of the kids father asked for help.

The employer has refused point blank to pay him or engage with ACAS so will have to take it as far as it goes to get kids pay (it's only around £700 but he wants as much as he can get as he has student fees to pay!), and from speaking to him it appears the employer takes on young people/new arrivals to Britain, employs them for a few months, strings them along and never pays them. These people are young students or new arrivals and so do not know the law and don't have the money to take legal action and give up which is what this employer seems to rely on. I am just trying to help with the little knowledge I have to stop the employer exploiting these people since I work in social worker and helping people is the job.

I have drafted the Schedule of Loss for him, just wanting some advice if anyone can answer the above questions. And if there is any way to get money for the people that did not lodge the claim please let me know. Thanks.

What was his status: worker (which seems likely, based on what you've said) or employee? If the former, most of your reasoning (however well intentioned) is simply ill-founded. He's entitled to payment for the work done +  holiday pay but you are raising a lot of false hopes if you've not even made this simple check.

SChitmehard

Marcon said:

SChitmehard said:

Marcon said:

SChitmehard said:

Hi all,

A kid in my street is going to ET and I have tried to help him with his case as a litigant in person. Kid is 18 years old and is his first job.

Long story short:

Kid applies for zero hours job, gets it. He is not given a contract to take away, but they ask him to sign some documents whilst he is there but he is not sure what he signed.

Company organised work using whatsapp group for shifts. He does around 10 shifts over 2 months.

He was meant to be paid after 1 month but was not paid, kept on doing work as employer promised to pay in 2 weeks later. Not paid after 2 weeks. He asks other employees if they have been paid and tells them that he has not been paid. Employer removes him from whatapps group so now he can't get any more work, is he "dismissed" at this point? Appears that employer removed him for contacting other employees and telling them that employer has not paid him/asking if they have been paid, but the effect is that he cannot get anymore work now.

He phones employer and they refuse to pay him. and tell him they will not be paying him.

The employer has done this to a few other of his colleagues too but those colleagues have not lodged an ET case as far as I know. They are willing to be witnesses.

He has logged an ET case for automatic unfair dismissal as he was dismissed when he asked for payment.

On his schedule of loss he is claiming:

loss of wages
holiday pay
lack of contract
interview expenses for next job
compensation for being unemployed between jobs
interest

1) Is he dismissed at the point he is blocked from whatsapp? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees). He had a zero hours job he tells me. He does not have a contract so I can't check. 

2) Is there anything else he can claim in his schedule of loss eg ACAS uplift OR notice pay? - he has not been paid for 6 months now and employer has ignored ACAS contact.

3) Is it possible to add other people as Claimants (that didn't lodge a case) as joint Claimants? If not, how can I help those people recover their money as may be too late to lodge ET case on their behalf. This happened 6 months ago so time limit may be up or can it be extended?

Thanks.

Are you sure you're the best person to help, given your own history of employment issues eg https://forums.moneysavingexpert.com/discussion/6335001/sham-grievance-what-info-documents-to-request-for-appeal/p1

Setting a teenager off on what appears to be a massively overblown claim might be a worse start to the young man's working life than possibly treating it as a learning experience and moving on. Keeping a copy of anything he signs would be an excellent takeaway from all this...

Thanks for checking my history. A  few of the people in the street know about my case and one of the kids father asked for help.

The employer has refused point blank to pay him or engage with ACAS so will have to take it as far as it goes to get kids pay (it's only around £700 but he wants as much as he can get as he has student fees to pay!), and from speaking to him it appears the employer takes on young people/new arrivals to Britain, employs them for a few months, strings them along and never pays them. These people are young students or new arrivals and so do not know the law and don't have the money to take legal action and give up which is what this employer seems to rely on. I am just trying to help with the little knowledge I have to stop the employer exploiting these people since I work in social worker and helping people is the job.

I have drafted the Schedule of Loss for him, just wanting some advice if anyone can answer the above questions. And if there is any way to get money for the people that did not lodge the claim please let me know. Thanks.

What was his status: worker (which seems likely, based on what you've said) or employee? If the former, most of your reasoning (however well intentioned) is simply ill-founded. He's entitled to payment for the work done +  holiday pay but you are raising a lot of false hopes if you've not even made this simple check.

Employee on zero hours, from my checks:

Employer offered work, he had to accept a certain amount,
Employer told him when & where to work, he couldn't get someone else to do it.
Tax/NI paid by employer - although he has not received pay for his work.
Employer accepts contract of employment exists - kid says they never gave him a paper/electronic copy, and he is not sure he signed a "contract", although he did sign something when he went for interview and they offer him the job there and then. Employer says they gave him a contract. <- this is the point other employees will help with as witnesses to verify if they had been given contracts. I suspect others will not have been given contracts!

Seems like an easy enough case, but the employer ignored all contact from the kid/ACAS and probably hoped he'd give up. Now employer has hired a solicitor so I need to get some advice from you guys/read some books. Obviously the kid can't afford legal advice as the claim is £700 so legal costs would outweigh recovery. If I can get them on the lack of contract if may be worth £1-2k for him + his pay AND teach the employer a lesson.

Undervalued

SChitmehard said:

Marcon said:

SChitmehard said:

Marcon said:

SChitmehard said:

Hi all,

A kid in my street is going to ET and I have tried to help him with his case as a litigant in person. Kid is 18 years old and is his first job.

Long story short:

Kid applies for zero hours job, gets it. He is not given a contract to take away, but they ask him to sign some documents whilst he is there but he is not sure what he signed.

Company organised work using whatsapp group for shifts. He does around 10 shifts over 2 months.

He was meant to be paid after 1 month but was not paid, kept on doing work as employer promised to pay in 2 weeks later. Not paid after 2 weeks. He asks other employees if they have been paid and tells them that he has not been paid. Employer removes him from whatapps group so now he can't get any more work, is he "dismissed" at this point? Appears that employer removed him for contacting other employees and telling them that employer has not paid him/asking if they have been paid, but the effect is that he cannot get anymore work now.

He phones employer and they refuse to pay him. and tell him they will not be paying him.

The employer has done this to a few other of his colleagues too but those colleagues have not lodged an ET case as far as I know. They are willing to be witnesses.

He has logged an ET case for automatic unfair dismissal as he was dismissed when he asked for payment.

On his schedule of loss he is claiming:

loss of wages
holiday pay
lack of contract
interview expenses for next job
compensation for being unemployed between jobs
interest

1) Is he dismissed at the point he is blocked from whatsapp? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees). He had a zero hours job he tells me. He does not have a contract so I can't check. 

2) Is there anything else he can claim in his schedule of loss eg ACAS uplift OR notice pay? - he has not been paid for 6 months now and employer has ignored ACAS contact.

3) Is it possible to add other people as Claimants (that didn't lodge a case) as joint Claimants? If not, how can I help those people recover their money as may be too late to lodge ET case on their behalf. This happened 6 months ago so time limit may be up or can it be extended?

Thanks.

Are you sure you're the best person to help, given your own history of employment issues eg https://forums.moneysavingexpert.com/discussion/6335001/sham-grievance-what-info-documents-to-request-for-appeal/p1

Setting a teenager off on what appears to be a massively overblown claim might be a worse start to the young man's working life than possibly treating it as a learning experience and moving on. Keeping a copy of anything he signs would be an excellent takeaway from all this...

Thanks for checking my history. A  few of the people in the street know about my case and one of the kids father asked for help.

The employer has refused point blank to pay him or engage with ACAS so will have to take it as far as it goes to get kids pay (it's only around £700 but he wants as much as he can get as he has student fees to pay!), and from speaking to him it appears the employer takes on young people/new arrivals to Britain, employs them for a few months, strings them along and never pays them. These people are young students or new arrivals and so do not know the law and don't have the money to take legal action and give up which is what this employer seems to rely on. I am just trying to help with the little knowledge I have to stop the employer exploiting these people since I work in social worker and helping people is the job.

I have drafted the Schedule of Loss for him, just wanting some advice if anyone can answer the above questions. And if there is any way to get money for the people that did not lodge the claim please let me know. Thanks.

What was his status: worker (which seems likely, based on what you've said) or employee? If the former, most of your reasoning (however well intentioned) is simply ill-founded. He's entitled to payment for the work done +  holiday pay but you are raising a lot of false hopes if you've not even made this simple check.

Employee on zero hours, from my checks:

Employer offered work, he had to accept a certain amount,
Employer told him when & where to work, he couldn't get someone else to do it.
Tax/NI paid by employer - although he has not received pay for his work.
Employer accepts contract of employment exists - kid says they never gave him a paper/electronic copy, and he is not sure he signed a "contract", although he did sign something when he went for interview and they offer him the job there and then. Employer says they gave him a contract. <- this is the point other employees will help with as witnesses to verify if they had been given contracts. I suspect others will not have been given contracts!

Seems like an easy enough case, but the employer ignored all contact from the kid/ACAS and probably hoped he'd give up. Now employer has hired a solicitor so I need to get some advice from you guys/read some books. Obviously the kid can't afford legal advice as the claim is £700 so legal costs would outweigh recovery. If I can get them on the lack of contract if may be worth £1-2k for him + his pay AND teach the employer a lesson.

Unlikely.

At one time there was an automatic award for the failure to provide a statement of main particulars of employment (a "contract") however those days are gone. You can no longer make a claim for this on its own, although you can add it to some other valid claim. The tribunal has discretion to make an award for this failing but frequently either doesn't or it is something fairly nominal.

Given that the "kid" (what a disrespectful term) thinks he signed something the employer will doubtless claim they gave him a copy.

In the real world the chances of "other employees" testifying against their current employer are close to zero.

And it is not the function of a tribunal to "teach the employer a lesson"! It is there to compensate for losses.

SChitmehard

Undervalued said:

SChitmehard said:

Marcon said:

SChitmehard said:

Marcon said:

SChitmehard said:

Hi all,

A kid in my street is going to ET and I have tried to help him with his case as a litigant in person. Kid is 18 years old and is his first job.

Long story short:

Kid applies for zero hours job, gets it. He is not given a contract to take away, but they ask him to sign some documents whilst he is there but he is not sure what he signed.

Company organised work using whatsapp group for shifts. He does around 10 shifts over 2 months.

He was meant to be paid after 1 month but was not paid, kept on doing work as employer promised to pay in 2 weeks later. Not paid after 2 weeks. He asks other employees if they have been paid and tells them that he has not been paid. Employer removes him from whatapps group so now he can't get any more work, is he "dismissed" at this point? Appears that employer removed him for contacting other employees and telling them that employer has not paid him/asking if they have been paid, but the effect is that he cannot get anymore work now.

He phones employer and they refuse to pay him. and tell him they will not be paying him.

The employer has done this to a few other of his colleagues too but those colleagues have not lodged an ET case as far as I know. They are willing to be witnesses.

He has logged an ET case for automatic unfair dismissal as he was dismissed when he asked for payment.

On his schedule of loss he is claiming:

loss of wages
holiday pay
lack of contract
interview expenses for next job
compensation for being unemployed between jobs
interest

1) Is he dismissed at the point he is blocked from whatsapp? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees). He had a zero hours job he tells me. He does not have a contract so I can't check. 

2) Is there anything else he can claim in his schedule of loss eg ACAS uplift OR notice pay? - he has not been paid for 6 months now and employer has ignored ACAS contact.

3) Is it possible to add other people as Claimants (that didn't lodge a case) as joint Claimants? If not, how can I help those people recover their money as may be too late to lodge ET case on their behalf. This happened 6 months ago so time limit may be up or can it be extended?

Thanks.

Are you sure you're the best person to help, given your own history of employment issues eg https://forums.moneysavingexpert.com/discussion/6335001/sham-grievance-what-info-documents-to-request-for-appeal/p1

Setting a teenager off on what appears to be a massively overblown claim might be a worse start to the young man's working life than possibly treating it as a learning experience and moving on. Keeping a copy of anything he signs would be an excellent takeaway from all this...

Thanks for checking my history. A  few of the people in the street know about my case and one of the kids father asked for help.

The employer has refused point blank to pay him or engage with ACAS so will have to take it as far as it goes to get kids pay (it's only around £700 but he wants as much as he can get as he has student fees to pay!), and from speaking to him it appears the employer takes on young people/new arrivals to Britain, employs them for a few months, strings them along and never pays them. These people are young students or new arrivals and so do not know the law and don't have the money to take legal action and give up which is what this employer seems to rely on. I am just trying to help with the little knowledge I have to stop the employer exploiting these people since I work in social worker and helping people is the job.

I have drafted the Schedule of Loss for him, just wanting some advice if anyone can answer the above questions. And if there is any way to get money for the people that did not lodge the claim please let me know. Thanks.

What was his status: worker (which seems likely, based on what you've said) or employee? If the former, most of your reasoning (however well intentioned) is simply ill-founded. He's entitled to payment for the work done +  holiday pay but you are raising a lot of false hopes if you've not even made this simple check.

Employee on zero hours, from my checks:

Employer offered work, he had to accept a certain amount,
Employer told him when & where to work, he couldn't get someone else to do it.
Tax/NI paid by employer - although he has not received pay for his work.
Employer accepts contract of employment exists - kid says they never gave him a paper/electronic copy, and he is not sure he signed a "contract", although he did sign something when he went for interview and they offer him the job there and then. Employer says they gave him a contract. <- this is the point other employees will help with as witnesses to verify if they had been given contracts. I suspect others will not have been given contracts!

Seems like an easy enough case, but the employer ignored all contact from the kid/ACAS and probably hoped he'd give up. Now employer has hired a solicitor so I need to get some advice from you guys/read some books. Obviously the kid can't afford legal advice as the claim is £700 so legal costs would outweigh recovery. If I can get them on the lack of contract if may be worth £1-2k for him + his pay AND teach the employer a lesson.

Unlikely.

At one time there was an automatic award for the failure to provide a statement of main particulars of employment (a "contract") however those days are gone. You can no longer make a claim for this on its own, although you can add it to some other valid claim. The tribunal has discretion to make an award for this failing but frequently either doesn't or it is something fairly nominal.

Given that the "kid" (what a disrespectful term) thinks he signed something the employer will doubtless claim they gave him a copy.

In the real world the chances of "other employees" testifying against their current employer are close to zero.

And it is not the function of a tribunal to "teach the employer a lesson"! It is there to compensate for losses.

The lack of contract is tacked on to the auto matic un-fair dismissal as they refused to pay wages which they still have not given him despite admitting that he is owed them in the preliminary hearing almost 2 months ago. Can you believe that!?

The other (ex-)employees are also in the same boat. They too asked for pay, and got "dismissed" with no pay. So they have an interest in testifying. Hopefully they weren't given contracts either which will add weight in the ET that this kid is telling the truth and on the balance of probabilities didn't get it either. 

Re: teach a lesson. I am hoping that this experience will make the employer act honestly and "teach them a lesson" as well as paying compensation for losses. The 2 things are not mutually exclusive.

 I will keep this thread updated as it is a simpl-ish case compared to what can come up on here and it'll probably go all the way too with the kid being a litigant in person +/- me helping him +/- attending the tribunal with him.

There's lot to do ahead including disclosure, SAR request, witness statements, bundle prep so I will be asking for help as the case moves forward and feeding back on the progress. Hopefully the info will be a useful case study for others and maybe they can get some nuggets from it.

So if anyone wants to chime in with answers/advice on the Q's that would be great:-


On his schedule of loss he is claiming:

loss of wages
holiday pay
lack of contract
interview expenses for next job
compensation for being unemployed between jobs
interest

1) Is he dismissed at the point he is blocked from whatsapp? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees). He had a zero hours job he tells me. He does not have a contract so I can't check. 

2) Is there anything else he can claim in his schedule of loss eg ACAS uplift OR notice pay? - he has not been paid for 6 months now and employer has ignored ACAS contact.

3) Is it possible to add other people as Claimants (that didn't lodge a case) as joint Claimants? If not, how can I help those people recover their money as may be too late to lodge ET case on their behalf. This happened 6 months ago so time limit may be up or can it be extended?

Thanks

Undervalued

Although obviously he should be paid for any work he has done, plus any accrued holiday, did you not say he was on a zero hour contract?

How then can he claim loss of earnings between jobs if he had no guarantee of any hours even when he was "employed".

With less than two years service he cannot claim for unfair dismissal and could be dismissed at any point for no reason at all. 

Unless he can demonstrate a contractual agreement for more he was only entitled to a weeks notice. Again, zero hour so of no financial value.

There is a normally strict three month (less a day) period in which to file an ET claim. It can under some circumstances be extended but that doesn't happen often. He could however make a claim for the just the wages owed in the small claims court / moneyclaim online. That can be done for up to six years (five in Scotland). There is a court fee to pay up front but that will be added to the amount owed assuming he wins.

I suspect you (he) will get a letter from the employer's solicitors threating a claim for costs if you  (he) pursues anything beyond maybe the wages due. Although costs are not often awarded at ETs it is becoming slightly more common than it was. Proceed with care!

lincroft1710

It is preferable to go through MoneyClaimOnLine where there is actual money owed i.e. unpaid wages and holiday pay. Forget all the nonsense about "lack of contract, interview expenses for next job, compensation for being unemployed between jobs, interest". 


If the young man (FGS don't call him a "kid", at 18 he is legally an adult) wins his case and the employer refuses to pay up, employer gets a CCJ.