Employment advice

[obiter dictum]

i will beg to differ on this one as to The two year rule to bring a claim to a Tribunal is for unfair dismissal.

 

You can still go to a tribunal if the dismissal was for making a protected disclosure or the employer infringing a statutory right

 

The right not to suffer unlawful deductions of wages is a statutory right under section 13 Employment Rights Act 1996.

 

The claim must be instigated withing three months less one day from when the deduction happened

[obiter dictum]

If the contract states the number of hours (37.5) to be worked over a week then that is an Express term. You can go for unlawful deduction of wages under section 13 ERA 1996.

You can get a fee remission if claiming state benefits

[obiter dictum]

As i have already stated, a fee remission is available for an Employment Tribunal if claiming Benefits or on a low income. A County Court will expect this to go through ACAS and the Employment Tribunal Service. Most claims to the tribunal service are settled before it even gets to the Tribunal day being allocated. Just as in a county court claim they expect all parties to try and agree settlement first.

[obiter dictum]

You cannot instigate a claim with the Employment Tribunal service without first going through ACAS. They will put a hold on any time constraints (Three months less one day) in bringing a claim. Normally up to a month

 

They will allocate a mediator to act on your behalf for free. If agreement cannot be reached ACAS will then give you a code. You use this code when instigating a claim through the Tribunal service

 

Them not supply Payslips works in her favour so do not worry to much as it is a statutory duty

[obiter dictum]

It is only on very limited occasions you will have to pay the other sides costs if you lose an Employment Tribunal, Less than 1% of all cases. Costs will be payable if the Tribunal considers your claim to be vexatious and little prospect of success, or you have turned down a reasonable offer of settlement.. The Tribunal Judge will infer on that at any prior cases management hearing. If you carry on after the courts advice as to success and lose then you deserve to be given a costs order.

 

Less than 1% of all Employment Tribunal claims have a cost order go against them.

 

Any fee remission will be means tested though as to any income coming into the home as stated which needs to be considered. If you are over the threshold as to income the costs involved at an Employment Tribunal are about £1200 in total just in court fees. If you do decide to go down the Employment Tribunal route you need to get your fee exemption form in very quick. Remember you only have three months less one day to bring a claim to the tribunal.

 

If the employee walked out and has not claimed Constructive Dismissal the employer can issue a counter claim for breach of contract. That is claiming back the costs of a temp as an example until the vacancy was filled. That also needs to be considered. It is something like only 5% of all constructive dismissal claims are successful and 99.9999% of the time involves a "Protected Characteristic" so dismissal will be automatically unfair irrespective of the two year qualifying period.

 

I would say go down the Employment Tribunal route if you get the fee remission. See what comes back in their witness statement, then decide if you wish to proceed. If they turn you down for a fee remission due to income, then go down the Civil/County Court Route. Have a chat with your local CAB or Law Centre as they might take the case on for you