Non payment of notice and holiday pay and threats

[Kiltman]

I was dismissed by my employer on 06/09/2018, they only paid me until my last day of working so i started early conciliation through ACAS which came to an end on 24/10/2018 and I have now applied for a tribunal. On 26/10/2018 I received a text saying my holiday pay was ready to collect, I called the number and was told the company would pay me for 8 days holiday and no notice pay, I am in fact owed 11 days holiday pus the weeks notice as i was laid off as there allegedly was no work. I refused the 8 days offered as firstly it was not the correct number of days and secondly it was at the wrong rate of pay. At this point the manager with whom i was speaking started threatening i would "seen to", this was repeated in a second call about half hour later after I had offered a compromise to the situation but the company would not listen. I have involved the police who will be visiting to "give some friendly advice to the individual concerned" i do have a crime number. My question therefore is should I now refuse any further offers unless the amount offered is for all holiday pay and a weeks notice and if I refuse how this could possibly affect the outcome of a tribunal. thank you in advance for your time.

[ULA]

From what you have said you are claiming for your notice period of one week - I assume you have less than 2 years service. Did you have a contract of employment and if so what does it say is the notice period you would be have been entitled to. If this is greater than one week then this is the notice period you are entitled to. Plus pay for 11 days holiday which you had not taken but had accrued up until you left?

The tribunal is there to assess the case on its merits. If you are certain that the money is due to you then the fact you have turned down an offer should not affect the outcome. You are not obliged to accept an offer, particularly if you are certain of the facts and have done your calculations correctly to assess what pro-rate holiday pay is owed to you.