ET3 Received - Full of 'Porky's'

[Planner]

Hi all, seeking views on this.

 

I have left my employment owing 5 days annual leave - fair enough.

 

My last full monthly wage was paid in August and in September I have only worked 5 days.

 

Now, I was expecting to recieve a wage slip stating my gross pay for those 5 days, the tax, NI, Student Loan and pension deductions and then the deductions they have taken for the 5-days too much leave I had taken. Leaving £0 - with a letter asking me to make up the difference.

 

Instead what they have done is just sent me a P45 - no wage slip. Checking the tax and gross pay details on the P45 and comparing it with the tax and total gross pay details on my final full wage slip from August, it seems that they have treated my final 5 days in September as I never worked them ie the gross pay and tax on my P45 is identical to that on my August wage slip.

 

Does anyone know if this approach is correct? I thought the tax man and Student Loans company would have the first dibs on my earning?

 

I also think I should recieve some wage slip/summary from them telling me what they have taken!

[mariefab]

I agree that they should have sent you a payslip, but I don't see why the taxman or student loans would feature.

 

Surely a payslip would have said something like:

5 days pay - £x

Deduction for 5 days holiday - £x

Gross pay - £00.00

[Planner]

Hi all,

 

As the title says I have submitted my ET1 and the othersides solicitor has responded with their ET3. I would like to say that the ET3 is full of misunderstandings or inaccuracies, but in fact its full of blatent lies!

 

The ET have penciled in a date for a case management discussion. My question is therefore one of strategy - I am wondering if I should write to the ET pointing out the various porkies (along with documentation to prove they are porkies) or wait until the case management discussion or wait until the actual ET hearing and point them out then?

 

I am concerned that the Judge at the case management might actually believe the porkies and this will affect my case.

 

Any advice appreciated.

[Planner]

Any help with this chaps?

[andrewhearne2009]

I was in same boat as you, mine was all lies, and the judge even said at my PHR my claim would have been a good valid one - unfortunately week before deadline my hearing aids died and came back day after and that still was not allowed; but the respondant lied even with wrong date on my nervous breakdown - just disgraceful that it came to all that

[greendollar]

Hi ,

 

As long as you've solid evidence and can prove they're lies then just sit back and wait for the CMD and explain to the judge that you have the evidence that points to the fact that your employer is wrong in what they are saying . Leave the judge to decide if they are lying . What will come next will be that your employer will go all out to have the evidence thrown out as having no relevance to your case/is of no merit/adds little to your case/they don't understand , any evidence they see that will damage their case they will try to have omitted from the eventual hearing.

And be prepared , there will be alot more in the way of lies coming your way . Goodluck

[Planner]

Thanks for the responses

[Planner]

Hi all.

 

CMD done and dusted. Tribunal pencilled in for later this year. I have to produce a list of documents which I am going to use at the tribunal and send this to the respondents who have been directed to prepare the bundle.

Is there any specific format this list of documents should take?

Thanks in advance.

[Bigredbus]

Hi,

 

Have a look at Form N265 online...

 

http://www.justice.gov.uk/index.htm

[nutter192]

All you have to do is send all the documents you intend to rely on during the tribunal. The only format I can think of is that the documents should be in date order and once the respondents have them they will prepare the bundle and do anything necessary to accede to the judges orders of the CMD.

 

It may be worth looking at your CMD to see if the chairman has included any specifics for the format however believe that the most obvious requirements will be fulfilled by the respondent.

[becky2585]

Form N265 is for County Court or High Court claims - irrelevant for Tribunal proceedings!

 

They are indeed to be disclosed in date order. The Respondent will be responsible for preparing the finalised bundle, so a numbered list, describing each document, in date order would do. The way a firm of solicitors would send them would be to create a table and head the document with the the relevant case title, Tribunal, case number and parties to the proceedings, but that's not necessary for an unrepresented claimant!

[nutter192]

That was the same for me just give them the documents in date order. In most cases they would have a copy of the documents anyway either recieved or sent so I wouldn't worry too much.

[Bigredbus]

 

Form N265 is for County Court or High Court claims - irrelevant for Tribunal proceedings!

 

Thank you...

 

 

They are indeed to be disclosed in date order. The Respondent will be responsible for preparing the finalised bundle, so a numbered list, describing each document, in date order would do. The way a firm of solicitors would send them would be to create a table and head the document with the the relevant case title, Tribunal, case number and parties to the proceedings, but that's not necessary for an unrepresented claimant!

 

...

Edited February 21, 2012 by Bigredbus