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ET WON!!

 

I would like to say a great big thank you to all who helped with advice and support leading up to my ET.

In particular I would like to thank ELPULPO, MADARI, RACHELMD, HONEYBEE AND TEABOY. If I have missed anyone I apologise in advance.

Without your input I would never have been able to prepare for my ET the way I did. Your help, advice and support has been greatly appreciated.

As you may know, my claim was for unpaid holidays and notice pay and also failure to provide written statement of particulars.

I won my claim for unpaid holidays.

As I was only employed for 5 months, the statutory minimum of one weeks notice pay applied, although I was able to persuade the judge that because my role was an important one (in that I was the only engraver at the company responsible for all manufacture of engraved items) then the 1 month's notice period that we mutually verbally agreed was upheld by the judge.

The judge agreed that if there was a written contract then this would have most certainly been documented in it.

Ex employer turned up with just a one page witness statement (which coincidently was just like mine in terms of layout).

One week prior to the hearing, he wrote to the EJ saying he had no evidence to disclose.

I don't understand why the judge didn't award compensation for failure to provide written contract though!....I can only guess that the judge took pity on him!...Also, the judge didn't award comp for failure to follow ACAS code of practice???

Anyhow, a win's a win!!

Again, thank you all for helping me through the last few months.

Marco

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Hmm, strange. Maybe the reasoning was that by awarding the months notice that was compensation for the lack of a WSoPoE. Don't know. Did you specifically direct the EJ to award for the failures to provide WSoPoE/follow ACAS CoPoD&GP

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Hmm, strange. Maybe the reasoning was that by awarding the months notice that was compensation for the lack of a WSoPoE. Don't know. Did you specifically direct the EJ to award for the failures to provide WSoPoE/follow ACAS CoPoD&GP

 

 

Yes Rachel, I asked for award for WSoPoE and the ACAS part. I think you're right that because I was awarded the month's notice, I wasn't awarded the WSoPoE and ACAS part. I also thought it was strange but at the end of the day, I got was I asked for in the first place which was rightfully mine.

 

The ex was a mumbling wreck which was compensation in itself. He told the judge that he has always run his company in a relaxed manner which was the reason he didn't provide wage slips or WSoPoE and that employees were always paid for days off!

 

Glad it's all over cos i'd run out of ink!!

 

Thanks again guys

 

Marco

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