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How do employment tribuals works?


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I am an employer who is being taken due to tribual. This is because the member of staff took too many sick days in 3 months. She was dismissed incorrectly - without going through the procedures etc. She has now asked for £200 for not having a contract, £200 for not receiving pay slips, and £200 for not having a disciplinary procedure. Are these figures reasonable for a 3 month work period?

Cheers for advice!

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Seem more than reasonable to me.

She's entitled to 2, or possibly 4, weeks pay if you failed to provide her with a written statement of particulars of employment alone.

Did you give her notice, or PILON? If not, she can probably claim a weeks pay there.

Why was she on the sick?

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An Employment Tribunal can award compensation in respect of not being provided with a payslip up to the total value of the deductions which should have been itemised on a payslip in the 13 weeks prior to the complaint to the ET.

 

As stated above, a Tribunal can also award 2 weeks pay (capped at the statutory £380 definition of 'a week's pay), or increase an award made against another part of the claim by 50% (whichever is the greater) for the failure to supply a Statement of Particulars. As far as I can make sense of the rules though, as the Statement must now include Disciplinary and Grievance procedures (or refer to where the employee may have access to them), I can't see how the claim can be for the two separate matters (Statement AND Disciplinary procedures). Nevertheless, the £200 on each matter would seem to be a fairly lenient interpretation in total if this was a full time employee.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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I am an employer who is being taken due to tribual. This is because the member of staff took too many sick days in 3 months. She was dismissed incorrectly - without going through the procedures etc. She has now asked for £200 for not having a contract, £200 for not receiving pay slips, and £200 for not having a disciplinary procedure. Are these figures reasonable for a 3 month work period?

Cheers for advice!

 

hi,

 

i would definitely ring and speak to acas on telephone 08457 47 47 47, website www.acas.org.uk they are there to advise not only for employees but for employers too, hope this helps.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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Because I was paying her weekly but wage slips monthly. I have them available for her now and as nothings was raised I didn't bother and kept them for my records. The procedures weren't in place as the staff have all worked in the same business for between 10-51 years! average about 30 years. I have since put in place everything I am suppose too and have changed the monthly payslips to weekly and all staff now receive them.

 

I have now been emailed asking for a delay as the claimant is working in August and cannot attend. Can I not ask the Judge for his opinion?

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Can I ask the Judge to make a judgement? Instead of delaying it to another month?

 

hi rob,

, what happens if you agree to the delay to the claimant, that is fine, and can let them know, and let the court know also you agree, if you however do not agree, file form n244 to the court fee £75.00,

but you can ring the court and double check the fee, and advise them you do not agree, you will see all the cpr rulings to put into the n244 form, the correct one, on hmcs website, anything you send to the court as in n244, send a copy to the court, a copy to the claimant, and keep a copy for yourself.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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