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Employment Tribunal Query


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I worked for a small company with 3 employees (including myself), and had been there for over a year when I found out I was pregnant. I told my employer I was pregnant in June 2005 and would be starting Maternity Leave in December 2005.

 

I wasn't paid in August - When I asked about it I was told the company was waiting for invoices to be paid and I would be paid ASAP. I asked the Jobcentre about it and was informed that if I left voluntarily I would forfeit all right to Statutory Maternity Pay and would not be able to sign on. So I was forced to keep working without getting paid.

 

I wasn't paid for August, September, October or November.

 

My Maternity Leave started in December 2005. I didn't get my SMP in December or January.

 

On February 27 2006 - 5 days after my child was due - I still had not been paid and I went to a solicitor.

 

In April 2006 the company changed hands to two new directors, who made all sorts of nasty accusations about me leaving the business in the lurch by leaving!

 

The solicitor discussed the situation with the company and after no payment was forthcoming eventually applied for an Employment Tribunal in May 2006.

 

The solicitor filed claims againt the company itself and against the two new directors individually, saying that they would then become responsible for the debt.

 

In July 2006 the company reverted back to the previous director. My solicitor had to resubmit the Tribunal Application forms. But when she did she only claimed against the company name this time - not the director.

 

In October 2006 I won the Tribunal - my employer didn't even bother to turn up - and was awarded £8k - £5k in unpaid wages & SMP, and £3k in compensation.

 

It is now October 2007 and I have not had a penny from my employer. He is still trading and taking work, but I have not been paid.

 

The solicitor has said that as there's no money in the company there's not much I can do. If I want to wind the company up it will cost me a further £900!

 

So as far as I can see my employer is going to get away with keeping my wages and the Employment Tribunal was totally pointless. :x

 

 

My questions are these...

 

1. Should the solicitor have submitted the Tribunal claims in the company name AND the directors name aswell.

 

2. If she should have done so, is there anything I can do - the initial forms filed were for the directors aswell, so is there any way I can use those to pursue my cash?

 

3. What should my next move be? I can't afford to do a winding up petition - but what else can I do at this point? Do I go to a small claims court or county court?

 

Please help - my partner and I are on a very low income and cannot afford to just lose this money - £8k was a whole years wages for me!!:!:

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Oh, and also... the judgement says that if payment is not made within 42 days the debt starts to accrue interest at 8%

 

It's been just over a year and I haven't been paid, so how do I work out the interest? Is it plus 8% of the whole £8k?

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Not sure about the interest but you can't make a claim for £8000 through a small claims court, you could take it to a higher court but you'll need a lawyer to represent you in this.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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I wouldnt have thought that she needed to make a further claim , just go back to the court and say that the matter has yet to be resolved and they will send in court baliffs, might cost some money but no where near the £900

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 1 year later...

I don't know the answers to these specific questions, but for anyone in a similar situation, I would have thought the Employment Tribunal would be unimpressed that their instructions had not been carried out and agree with 'Lula' that they should be the first port of call...

 

There's a good guide to the Employment Tribunal process at employment-tribunal-compensation-claims.co.uk which might help too.

 

Let us know how you got on?

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1. Yes, if the company was not a LTD company. Your second solicitor may want to get a little letter from you requesting clarification for their actions.

 

2. Why did she re-submit the claim again? Was there an order for the same? If so, on what basis, because surely the breach occured when the other two directors were in charge? Was there any TUPE type situation? As per 1, ask her why she did this. What happened to the original claim exactly?

 

3. Yes, it's the small claims court to recover the debt, the ET doesn't really get involved, annoyingly. You could write to the company and advise what you are about to do.

 

To calculate the money, it's 8000* 0.08/365 to get a daily rate of interest. Then multiply the daily rate by the number of days since the date of judgment, and add that to your claim. Also add on the cost of issuing the claim.

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