pSinatra Posted 10 November 2011 Posted 10 November 2011 Employment Tribunal Service Some good information........with contacts, advice, procedure & costs. I haven't looked into it myself, but I don't recall it being too expensive??
Rincewind Posted 10 November 2011 Posted 10 November 2011 Hope not.. have to sort mine out. Hate it dragging on but if I win both it will be worth it. All I was bothered about was getting my unpaid money the TUPE one will be a bonus. I can get a lot more than I expected.
skinnydipper Posted 10 November 2011 Posted 10 November 2011 As the others have said. Stuffed on the unfair dismissal but sue the bastard in the small claims if he doesn't pay up.
Zingari Posted 10 November 2011 Posted 10 November 2011 As the others have said. Stuffed on the unfair dismissal but sue the bastard in the small claims if he doesn't pay up. will you take it on pro bono skinny ? it's national pro bono week http://probonouk.net/index.php?id=events_pbw_remaining&calMonth=11&calYear=2011
skinnydipper Posted 11 November 2011 Posted 11 November 2011 will you take it on pro bono skinny ? it's national pro bono week http://probonouk.net...11&calYear=2011 Having suffered a mild cardiac attack at the thought of your suggestion I shall be recuperating for the rest of pro bono week. However, if there is to be a free exchange of skills across the FT community I do need my hall, stairs and landing re-decorating
Jon the Hat Posted 11 November 2011 Posted 11 November 2011 Yes but that's not what you said at first. You siad If he has deducted PAYE he has nothing to worry about. The debt lies with the employer. You've said if he has deducted it, the employee may still be liable if the tax isn't paid over to the HMRC. Why would he be? That would mean he's paying it twice. You can just imagine BT or someone else big not paying their tax bill and the Revenue attempting to retreive tax and NI from millions of individual emplyees He is was not employed by a company though was he. He was employed by a dodgy bloke who for all we know paid him in cash and said "it's alright sonny I will pay the tax for you". Which was my point. If that was the case, and the OP had no basis to prove his earning were paid net, then he might be screwed.
Zingari Posted 11 November 2011 Posted 11 November 2011 Having suffered a mild cardiac attack at the thought of your suggestion I shall be recuperating for the rest of pro bono week. However, if there is to be a free exchange of skills across the FT community I do need my hall, stairs and landing re-decorating Sorry. I didn’t mean to cause you such distress with such an obscene suggestion , it was very thoughtless of me . I don’t know if decorators have pro bono weeks but I’m sure Webbo would give your entrance a quick lick over .
somebum Posted 11 November 2011 Posted 11 November 2011 He sounds like a cnut, you are better off without him try getting some of your own 'compensation'.
skinnydipper Posted 11 November 2011 Posted 11 November 2011 Sorry. I didn't mean to cause you such distress with such an obscene suggestion , it was very thoughtless of me . I don't know if decorators have pro bono weeks but I'm sure Webbo would give your entrance a quick lick over . A bottle of Chateau Petrus 1945 Pomorol will alleviate the suffering and would suitably reflect your apology. I'll pass over your kind vicarious offer re my entrance. Nor does my back passage require any attention. I'm not sure that Mrs SD is so keen on the pebble-dashing though !
The Year Of The Fox Posted 11 November 2011 Posted 11 November 2011 He should pay you - to the extent that, so long as you have a written contract, you can take him to the small claims court - but beyond that you havn't got a leg to stand on. No contract means no legal challenge, and having worked for him for less than a year means he can pretty well fire you when he feels like it. Pretty sure the contract bit is bollocks. Providing he has regular payslips proving he has been employed, that is enough.
Houdini Logic Posted 11 November 2011 Posted 11 November 2011 There was a law passed a few years ago that says, even if you are fired/dismissed/walk out, you HAVE to be paid for any work you have done. Also, if you have a contract and you were a genuinely employee of his (he paid NI contributions for you, etc) then you certainly have a case. In most situations like this though, you're not actually a full PAYE employee and as such you lost quite a lot of rights
kyle09uk Posted 11 November 2011 Author Posted 11 November 2011 He is was not employed by a company though was he. He was employed by a dodgy bloke who for all we know paid him in cash and said "it's alright sonny I will pay the tax for you". Which was my point. If that was the case, and the OP had no basis to prove his earning were paid net, then he might be screwed. Hi I haven't had time to reply to everyone just yet but will do soon just need a minute spare. You know, with me being unemployed and all that at the moment I'm rushed off my feet To answer this question though I was paid through my bank account and by the looks of things it did all seem perfectly Legal. So there's proof in itself he has been paying me.
Rincewind Posted 11 November 2011 Posted 11 November 2011 Were you given a P45? Anyway your bank statements would show who and when you were paid. Tell him your solicitor is looking at them now. Point out that if he is claiming for a carer and does not pay them then he is liable to crimminal charges. No physical threats just politely give him the choice of paying a hefty fine or/and prison or pay you what he owes you. The financial part may sway him more than the physical one. Besides newspapers love it when pensioners tell of threats against them however deserved.
Jimothy Posted 11 November 2011 Posted 11 November 2011 Hi I haven't had time to reply to everyone just yet but will do soon just need a minute spare. You know, with me being unemployed and all that at the moment I'm rushed off my feet To answer this question though I was paid through my bank account and by the looks of things it did all seem perfectly Legal. So there's proof in itself he has been paying me. The point Jon was making is that you have no proof that tax was deducted from the payment. I could deposit £600 on you account, it's no proof of you working for me, and whether PAYE and NI was deducted from that payment or not. You need payslips off the old bloke. You said he used some payroll software on his computer so I would assume he doing it by the book, but you need proof. You'll also need a P45 which he should be able to print out from his payroll software. This is all stuff your entitled too so don't be bothered about asking for it.
kyle09uk Posted 18 November 2011 Author Posted 18 November 2011 Sorry for the long reply ya'll. Appreciate The help you have given me. I've jus been On the phone to him explaining my solicitor Has told me to try to settle the manner in The easiest way and if its not possible to Do so then I'm going to sue him for criminal Charges and could end up in a tribunal As he his witholding wages the Government pay Out to him for his emplyees. Not sure if what I said actually made any Sense but it did in some way seem to work To some extent. Usually I can't get a word In edge ways but with it all coming out so Fluent he seemed stuck for words, but did Say he would be seeking legal advice I've also told him that he could be in Deeper trouble for hiring people illegaly. (My GF for example who he had wanted to Hire for the week I wasn't working so he Didn't have to have agencies in) Just so you know I haven't actually got As a solicitor just wanted to make it clear I haven't just forgot about it all and I will Do my best to get what I'm rightfully owed. I've had a tribunal package sent to out To me which I will be filling out once I've Finished this message.
pSinatra Posted 18 November 2011 Posted 18 November 2011 You never know? If he is genuinely seeking legal advice, he may be advised to just pay up. Good luck!!
kyle09uk Posted 27 November 2011 Author Posted 27 November 2011 Quick update for those interested. I've recently received a reply back From the tribunal people and they've Set a date for April when it will be Heard. Was just wondering if anyone Has any previous experience or even Any kind of information they could Give me on the matter. Baring in mind I'm now having to be on JSA whilst I look for work. I've also had another letter where a Consilator (spelling?) Will try and Resolve the matter before it gets to that, I'm not even sure what will exactly happen There either. Kind regards
John Matrix Posted 27 November 2011 Posted 27 November 2011 stuff peanut butter in your behind. during the hearing reach down into your pants, scoop it out and eat it. you will win that way. saw it in a movie once so it must work.
pSinatra Posted 28 November 2011 Posted 28 November 2011 Quick update for those interested. I've recently received a reply back From the tribunal people and they've Set a date for April when it will be Heard. Was just wondering if anyone Has any previous experience or even Any kind of information they could Give me on the matter. Baring in mind I'm now having to be on JSA whilst I look for work. I've also had another letter where a Consilator (spelling?) Will try and Resolve the matter before it gets to that, I'm not even sure what will exactly happen There either. Kind regards I went through a tribunal about 6 years ago & I would like to assure you that it may not be as big an ordeal as you might think...........at least that is my experience. I wasn't looking forward to it at all & had little advice, not knowing anyone who had been to tribunal. I made a few notes on a slip of paper of key points I thought may need raising. I tried to keep my argument uncomplicated & to the point. I wore a suit & tried to appear professional & respectful. The tribunal was held on New Walk & I was actually surprised at how informal it all was. Just a regular office with the judge sitting facing me & my previous employer on separate desks. The judge will have all the relevant information of the case from the paperwork you have already submitted & he pretty much put my case to my previous employer. Your previous employer will have submitted his case - of which you should receive copies. The judge asked me the occasional question to clarify certain matters, but I never felt that he was trying to catch me out. He wasn't so understanding with my previous employer. It was basically up to my previous employer to justify his position. I felt the judge was only interested in what is fair & legal. If your previous employer has acted incorrectly, he is going to have to come up something good & if he can't.........he will be found out. Although I was very anxious going into the tribunal, I actually ended up enjoying it. You may have no experience of this sort of thing........but the same could be said of your previous employer & the onus is most definitely on him to defend his actions. You have nothing to lose & everything to gain. I won my case...............not because I put up a fantastic argument, but because it was right. My previous employer was wrong to do what he did & it sounds like your previous employer was wrong to do what he did. I would like to wish you luck & I will be interested in the outcome. Fingers crossed!!! ................or you could just smear peanut butter up the crack of your arse??
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