Employment Tribunal

[scott425]

Hello All

After spending 6 months trying to get £1,500 of unpaid wages from my previous employer and going through early conciliation with ACAS, I now have an Employment Tribunal date of 20 / 09 / 2024.

The Citizens Advice Bureau and posts on here have been really helpful, but I am unsure on a few points:

1) I have to send a document setting out how much money I am claiming - is there a template / recommended format for this?

2) Can I claim 8% statutory interest from the start, or is this just if they do not pay any award on time?

3) I was looking at getting a solicitor, but the estimated fees are £4,000 to £6,000 - would I be able to claim these fees from my employer if I win, presumably I would have to pay if I didn't win?

4) If I don't get a solicitor, I believe I can claim £41 per hour preparation time - how hard is this to prove / claim?

I will probably think of other questions later, many thanks in advance for any responses to my questions or any other suggestions / advice.

Best Regards, Scott

[whitelist]

Can I ask how you were not timed out with an employment tribunal if you have been in dispute for six months?

The reason why I ask is that recently submitted a claim in the county court for unpaid wages as was timed out a claim with the tribunal service? You only have three months to submit the claim from the cause of action.

There are no costs awards at an employment tribunal, let alone statutory interest.

You have to do something really dumb to end up with a costs order such as refusing to follow court directions.

[jk2054]

Hi,

If you are getting advice from CAB it's best to stick with them.

Getting advice from 2 different sources will cause conflict/confusion so It's best that you stick to the CAB as a pose to using this forum.

People on here are volunteers and whilst we're happy to help, getting help from two sources at once isn't very good use of either places resources.

I wish you the best for your case.

 

[scott425]

Thank you for your responses.

I brought my claim within the required period; I have now got my tribunal date 6 months after the incident first occurred.

To clarify, I meant I have been researching the CAB website, I have not actually spoken to anyone about this matter due to workload and fear of being landed with a bill.

 

Best Regards, Scott

[Emmzzi]

1. sample schedule of loss - that's the official name for what you are claiming

Preparing a schedule of loss for an unfair dismissal claim

WWW.CITIZENSADVICE.ORG.UK

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Find out what to put in your schedule of loss and see an example of a schedule of loss for an unfair dismissal claim

2. 8% applies from the date of the award

3. That's what usually happens. Different rules apply if your claim is deemed vexatious.

4. "If you want to apply for a preparation time order, warn your employer you’re going  to ask for one before the hearing. At the hearing, you’ll need to write down how many hours you or an unpaid adviser has spent on the case and multiply it by the hourly rate. You'll also need to give the reasons why you're asking for the order."

Just keep a tally e.g. 

1 May, completing form X, 30 mins

3 May, bundle prep, 2 hours

 

[scott425]

Thank you Emmzzi for your thorough response, that is extremely helpful.

I will submit my schedule of loss using the suggested template.

As I have to submit the form before I can speak with my solicitor, am I able to add on a generic phrase such as "plus any legal fees, to be determined"?

Best Regards, Scott

[whitelist]

There are no legal fees at an employment tribunal or litigant in person's costs unless the claim is vexatious or contrary to the direction of the court. Normally, the presiding judge will infer if you have a case or not in continuing. 8% interest is only paid as previously stated post judgement if the defendant fails to pay any monetary award.

Might I suggest you seek advice for the CAB or local community law centre?

Remember, an Employment Tribunal is a court of law the same as Magistrates/Crown court with legal procedure and you need some basic legal knowledge how to conduct a claim. The court will not help or advise you and can only go on the evidence presented. You will have a trained professional with the respondent.

[jk2054]

whitelist your comment isn't very helpful. Advising people to get advice from two different places is possibly the worst advice you can give in a situation like this.

[Emmzzi]

I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful.

A single voice can be a dangerous thing. As, of course, can groupthink.

Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on.

I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.

[scott425]

Thank you for all of your advice. My previous employer has indeed employed a solicitor to contest my claim and has sent me numerous legal documents which I am struggling to read on my mobile phone, so will borrow my mates computer. They are requesting a postponement of the original date agreed due to a member of HR at my previous employer going abroad for a holiday!, and are requesting a preliminary hearing.

I have since discovered that two other ex-employees are also taking them to Employment Tribunal, but am unsure of the details.

[Emmzzi]

Unpaid wages should be pretty straightforward if you did the work. Don't be intimidated. You need only show you were due money, and did not get money.

 

The risk is that they have no money to pay you (and legal fees) - frankly a solicitor maybe be costing them more than your claim is for and I might have expected them to make a commercial decision to settle before this point regardless of the merits of the case.

[scott425]

Thank you again Emmzzi for your insight. Not only did I do the work, but as a maths tutor delivering financial literacy workshops under the Govt Multiply project, the college were paid £400 for each student I recruited, which makes it an even bigger kick in the teeth!

I spoke to Citizens Advice Bureau on Friday who advised me to go back to ACAS for advice and assistance, as ACAS are the experts in employment matters. They did also mention small claims court, as being more straightforward and less complex, but surely their solicitor would just contest this and I would lose the £80 court fee? If I did submit a claim through the small claims court, would I just leave the employment tribunal running until the outcome?

The deadline for me to submit my schedule of loss is tomorrow, so I will submit today so that they cannot hold me in breach.

[Emmzzi]

You need to choose between ET and small claims, you cannot do both.

For straightforward wages I'd go small claims. Faster and less messing about. Advice here

Employment claims in the civil courts - Working Families

WORKINGFAMILIES.ORG.UK

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Some types of employment-related claims can be brought in the civil courts, rather than in an Employment Tribunal. This advice page offers a high level...