Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
    Basic Account Holder kirstyo Informative kirstyo Informative kirstyo Informative



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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    The thing is its never going to be perfect and its people like us that suffer, those people who are always just over the earnings threshold for everything but barely have enough to get by. it just upsets me so much, we nearly lost everything because of what happened we were only just able to borrow enough to cover our rent and put everything else on credit cards but his former employer gets away scott free not having to even give him the sick pay he was entitled to, it was never about getting compensation as such to us it was about the fact that he couldn't claim benefits for six months because he should have been getting ssp and we couldn't prove he wasn't because his former employer wouldn't give us anything to say he wasn't paying it because obviously then he would have opened himself up to the tribunal going against him, it was about getting that sick pay that he was entitled to and we so desperately needed.

    Although I do know someone who stole from his boss (a four figure sum), boss sacked him but he ended up getting compensation for unfair dismissal which obviously isn't fair either


  2. #22
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by kirstyo View Post
    However there is nothing we can do about it now so I guess there is no point in worrying about it.
    Quote Originally Posted by kirstyo View Post
    not having to even give him the sick pay he was entitled to
    A claim for sick pay, notice pay and holiday pay can be brought in the county courts. The time limit for that is 6 years. Unless this money wasn't paid 6 years ago, you can still start a small claimsicon track claim to get it.

    Unfair dismissal claims are time barredicon after 3 months, but that isn't the case for claims which can be brought through the courts such as claims for unpaid wages.

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  3. #23
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    Quote Originally Posted by steampowered View Post
    A claim for sick pay, notice pay and holiday pay can be brought in the county courts. The time limit for that is 6 years. Unless this money wasn't paid 6 years ago, you can still start a small claimsicon track claim to get it.

    Unfair dismissal claims are time barredicon after 3 months, but that isn't the case for claims which can be brought through the courts such as claims for unpaid wages.
    I agree with this.

    Instead of rehearsing what isn't fair, because I do agree, but that isn't getting us anywhere, can you please explain what actually happened? Let's try and see if we can get a result, even if it may not be everything you'd wish. Tell us what happened and give us some timescales too. We might be able to help get a little justice for you.


  4. #24
    Basic Account Holder dondada Novitiate



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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by Sangie595 View Post
    We now live in a "sue first" society, and I know for a fact that many people made claims they knew had no validity just because they expected too get a settlement because the cost of a tribunal to an employer was more than handing out money!
    "We now live in a "sue first" society"

    This statement clearly reveals your bias and prejudice.

    The only person who can judge if a case has no validity is a Judge who hears all the fact of the case.

    He also has the powers to deal with such cases.

    That statement proves the error in your reasoning ie The A Priori Argument.

    You have a bias and you look for arguments in support of your clearly expressed bias.

    Sorry but the truth needs to be told


  5. #25
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    Quote Originally Posted by dondada View Post
    "We now live in a "sue first" society"

    This statement clearly reveals your bias and prejudice.

    The only person who can judge if a case has no validity is a Judge who hears all the fact of the case.

    He also has the powers to deal with such cases.

    That statement proves the error in your reasoning ie The A Priori Argument.

    You have a bias and you look for arguments in support of your clearly expressed bias.

    Sorry but the truth needs to be told
    Oh yes, I really do have a bias. And if you had spent any real time on this forum, never mind this thread, you'd know what it is. You have totally misrepresented my views expressed here, and elsewhere. But that isn't a surprise. It's so much easier to have a pop at someone than have anything at all constructive to say, isn't it?

    Sorry, but the truth needs to be told! I wonder if you'd be quite so brave about having a go at others without any justification at all if you weren't on an anonymous website?


  6. #26
    Basic Account Holder dondada Novitiate



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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by Sangie595 View Post
    I wonder if you'd be quite so brave about having a go at others without any justification at all if you weren't on an anonymous website?

    Ok because your bias has been exposed you now try another style

    The Ad Hominem Argument which means attack the personality or character of another.


  7. #27
    Basic Account Holder dondada Novitiate



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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by kirstyo View Post
    The thing is its never going to be perfect and its people like us that suffer, those people who are always just over the earnings threshold for everything but barely have enough to get by. it just upsets me so much, we nearly lost everything because of what happened we were only just able to borrow enough to cover our rent and put everything else on credit cards but his former employer gets away scott free not having to even give him the sick pay he was entitled to, it was never about getting compensation as such to us it was about the fact that he couldn't claim benefits for six months because he should have been getting ssp and we couldn't prove he wasn't because his former employer wouldn't give us anything to say he wasn't paying it because obviously then he would have opened himself up to the tribunal going against him, it was about getting that sick pay that he was entitled to and we so desperately needed.

    Although I do know someone who stole from his boss (a four figure sum), boss sacked him but he ended up getting compensation for unfair dismissal which obviously isn't fair either

    My advice is simply this; get official advice

    Go to ACAS, the Union, the CAB or the Employment Tribunal

    If it is found to be wrong then you will have a valid defence.

    I was told by ACAS that I could proceed with my claim,

    If it is found to be wrong then I wouldn't be liable because I took advice from a recognized body.

    I'm not questioning the competence of anyone here or anywhere but just having a defence if things don't go according to plan.

    I don't want a situation where I would discover too late that I could have brought a claim and didn't.

    It would hurt badly


  8. #28
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by dondada View Post
    Ok because your bias has been exposed you now try another style

    The Ad Hominem Argument which means attack the personality or character of another.
    What???!!!! YOU attacked me. Are you insane?

    And I'd bother to respond to your second post if I cared enough to, but for the sake of others who might read this - ACAS do not and cannot give legal advice. It is outside their terms, even if you didn't take into account that their front line staff are unqualified in anything other than reading scripts. So it is absolute rubbish to say that a person isn't liable for their actions if they take advice from ACAS - whatever is meant by "liability". What I would recommend is that people take advice from someone who knows what they are talking about. You clearly do not.

    PS - Ah now, on checking your history, I see... you are a legal expert on every subject under the sun who loves to attack people giving good advice, but don't have any good advice of your own. Great trolling, keep it up. I'll be ignoring you from now on. Hopefully nobody will be foolish enough to follow your advice, Sure it isn't YOU working for the other side? You do seem to enjoy misleading people.


  9. #29
    Basic Account Holder dondada Novitiate



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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by Sangie595 View Post
    What???!!!! YOU attacked me. Are you insane?

    And I'd bother to respond to your second post if I cared enough to, but for the sake of others who might read this - ACAS do not and cannot give legal advice. It is outside their terms, even if you didn't take into account that their front line staff are unqualified in anything other than reading scripts. So it is absolute rubbish to say that a person isn't liable for their actions if they take advice from ACAS - whatever is meant by "liability". What I would recommend is that people take advice from someone who knows what they are talking about. You clearly do not.

    PS - Ah now, on checking your history, I see... you are a legal expert on every subject under the sun who loves to attack people giving good advice, but don't have any good advice of your own. Great trolling, keep it up. I'll be ignoring you from now on. Hopefully nobody will be foolish enough to follow your advice, Sure it isn't YOU working for the other side? You do seem to enjoy misleading people.

    The Individual could get advice from ACAS

    He could get advice from the Union

    He could get advice from the Employment Tribunal

    He could get advice from the CAB

    He should get advice from as many recognized organization as he could.

    I don't see why it is a problem for someone to get advice.

    Here again, you are attacking the qualification of ACAS front line staff when you have no idea if they have received any briefings.

    I will repeat my advice; get official advice.

    I do not know it all and I don't think anybody does but the safest is to get official advice.

    If it is wrong you have a defence.

    And it would be best if it is in an email.


  10. #30
    Basic Account Holder flooz Novitiate



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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Given the ruling from The Supreme Court, does anyone know if fees paid will be automatically refunded, or need to be claimed for.

    Having taken a case a couple of years ago, for constructive dismissal, the maximum fees were paid - including the hearing fee. The case was settled the day before the hearing, but obviously that fee was still paid too. Finances have been tight ever since, so a refund of fees will be very handy.


  11. #31
    Basic Account Holder kirstyo Informative kirstyo Informative kirstyo Informative



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    Quote Originally Posted by Sangie595 View Post
    I agree with this.

    Instead of rehearsing what isn't fair, because I do agree, but that isn't getting us anywhere, can you please explain what actually happened? Let's try and see if we can get a result, even if it may not be everything you'd wish. Tell us what happened and give us some timescales too. We might be able to help get a little justice for you.
    I posted about it at the time, advice was to go to employment tribunal which in the end we couldnt afford to do. Our lawyer said there wasnt anything else we could do and his former employer folded his company to avoid goingto court as it turned out he had done at least once before with another former employee. Had we been able to see the process through at the time we may have been able to recover something before the company folded but we couldnt affordit


  12. #32
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by dondada View Post

    I will repeat my advice; get official advice.

    Which would be from a solicitor, who you pay. They are then liable for the quaity of the advice they guve you. Everything else is just process advice, or opinion.

    You seem obsessed with having a defence. Note it has to be a GOOD defence. No point tilting at windmills

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  13. #33
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Unfortunately I have to agree. The solicitor should have told you to claim the money through the county courticon though, which would have been cheaper. But since the company is now gone, there is no further action of any sort that can be taken.


  14. #34
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    If the company is gone there is no action that can be taken - unless this person knew that the company owed money, and paid company funds to himself (or to a phoenix company) without paying creditors. That would be a fraud on the company's creditors and would trigger personal liability of the individual or company which received the funds.

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  15. #35
    Basic Account Holder Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative



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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by steampowered View Post
    If the company is gone there is no action that can be taken - unless this person knew that the company owed money, and paid company funds to himself (or to a phoenix company) without paying creditors. That would be a fraud on the company's creditors and would trigger personal liability of the individual or company which received the funds.
    Proving that, of course, is the catch. We all know people who have actually done this and we know they have. But a very intelligent guess about somebody with a track record is a far cry from evidence.


  16. #36
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by flooz View Post
    Given the ruling from The Supreme Court, does anyone know if fees paid will be automatically refunded, or need to be claimed for.

    Having taken a case a couple of years ago, for constructive dismissal, the maximum fees were paid - including the hearing fee. The case was settled the day before the hearing, but obviously that fee was still paid too. Finances have been tight ever since, so a refund of fees will be very handy.
    Sorry, I missed this in amongst the other responses. The fact is that we currently don't know. No announcements have been made. As soon as we know more we'll make sure something is put on the site.


  17. #37
    Basic Account Holder flooz Novitiate



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    Quote Originally Posted by Sangie595 View Post
    Sorry, I missed this in amongst the other responses. The fact is that we currently don't know. No announcements have been made. As soon as we know more we'll make sure something is put on the site.
    Thanks Sangie. I was thinking of sending a quick email to the relevant ET, to see what they said. I'm guessing, as it's essentially Gov funds, that feet will be dragged.


  18. #38
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    The ET cannot and will not give you advice on time periods.

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  19. #39
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Actually, steampowered, I was going to give them the case number, fees paid and the dates they were, and ask for them to be refunded.


  20. #40
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    I don't understand why such a short time limit less than 3 months.



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