3 Questions re Employment Tribunal

[creditcruncha]

Please can anyone help with any of these three questions:

 

a) If an ex-employer has not paid most of the wages due in the most recent payroll cycle, but the employee is no longer employed there, is the 3-month deadline for submitting a claim to the employment tribunal considered to begin from the leaving date on the P45 or is it 3 months from the day of payment (ie even if payday was 2 weeks after the leaving date)?

 

and

 

b) If an employer does not accept any mail at the place of work and has said to send any mail to a different address (which apparently is the address of an associated company but not one that the employee was aware of or had any contact with), can a tribunal claim be made listing two different addresses for the respondent?

 

and

 

c) If the employer is not a corporation but rather a private partnership, can a tribunal claim list one of the individual partners as one of the respondents?

[godpikachu]

Please can anyone help with any of these three questions:

 

a) If an ex-employer has not paid most of the wages due in the most recent payroll cycle, but the employee is no longer employed there, is the 3-month deadline for submitting a claim to the employment tribunal considered to begin from the leaving date on the P45 or is it 3 months from the day of payment (ie even if payday was 2 weeks after the leaving date)?

 

your employer is obliged to pay anything owed to you in your final wage. if they have not, then this should also be brought up at the tribunal.

If however, you owe the company any money for anything, and they have a legitimate reason for keeping it, then they may deduct this from the final salary.

 

 

b) If an employer does not accept any mail at the place of work and has said to send any mail to a different address (which apparently is the address of an associated company but not one that the employee was aware of or had any contact with), can a tribunal claim be made listing two different addresses for the respondent?

 

there should be a single correspondance address, and any correspondance should be sent via recorded delivery to verfy that it has been recieved, with copies of all correspondance kept for later reference.

 

and

 

c) If the employer is not a corporation but rather a private partnership, can a tribunal claim list one of the individual partners as one of the respondents?

 

the claim should be against the company itself.

 

 

I think ll that is correct, if not someone else can fill in the blanks

[creditcruncha]

Thank you for that helpful reply!

But does the 3 months for submitting a tribunal claim begin from the last day of work or from the last paydate (where the last paydate is some weeks after the leaving date)?

[danceonfire]

I believe it is three months from the end of your employment, so your last day of work.

[tiggywnks]

Hi,

I know from experience that you have 3 months from the time you put your grievances letter either that be about wages owned or anything else your not happy with, as for place of where to send, make sure you get this right as I had this problem with one of my ex employers and he said he didn’t receive any paper work from the tribunal or my grievance letter I sent him, lucky for me I registered mailed it and kept the recite and checked up on royal mail when he picked up and singed for it and that alone won me my case or it would have been his word against mine and they would of thrown out my case. There is a guideline you have to stick with and ACAS are very helpful.

Not sure if this is any help and just going of my own experience but you do learn as you go alone which is a eye opener!

[creditcruncha]

Thanks but it's not 3 months from the grievance letter. Isn't it the case that the grievance letter might extend the deadline by three months, provided it was submitted within the original three month period, but the extension is from whenever the original deadline would be and not from the date of the greivance letter.

[monkeychicken]

Hi

In discrimination cases, you have 3 months from the date of incident within which to raise a grievance, or to submit ET1.

 

If you raise a grievance, you then cannot submit an ET1 within 28 days (this is to enable employer to investigate and determine your grievance), but must submit ET1 within 3 months from date of grievance. If you submit the ET within 28 days, the claim would be refused, but theres nothing to stop you submitting the same claim once this 28 period is over (so you dont lose anything by submitting before 28days are over).

 

Remember that even when done online, it takes several days for the claim to be registered and if theres any errors on your form, the claim would be rejected. So allow enough time for claim to be registered and correct anyn errors (so don't leave it to the last day!).

 

ET has discretion to extend time limits if it considers it to be 'just and equitable' to do so. Simply saying I did not know my legal rights is not a 'just and equitable' reason for extension. If you have a good reason (e.g. you did not find out about the act/omission until after the timelimits expired) ET may extend the time limit but they have to weigh it against the injustice that would be faced by the employer as a result of the delay. (Remember ET is trying to be fair to both parties).

 

All the advice I have seen points to the fact that this ET discretion to extend time limits should not be relied on.

 

 

 

Saying all that, I don't know if all the above applies in dismissal cases - I dont see why not, but better check first. Also I understand the statutory grievance procedure is changing soon and I'm not sure if the time limit issues also change.

 

Do a Google on "Employment Tribunal time limit" and also check out ETClaims.co.uk website for advice - thats how I found out much about employment law.

 

Good luck