Employer wants to settle

[Murkywaters]

Hi,

I worked for my ex-employer for 3 months at the beginning of this year. I resigned out of choice.

A week after leaving I received a letter saying I had been overpaid. I thought this was odd as I had been there almost 3 months and had only taken 1 day as holiday. My contract stated I would receive 24 days company pay plus bank holidays on a pro-rata basis.

I worked 18 hours over the course of 3 days. As I left immediately, I was paid for 3 days that I did not work. I thought my holiday accrued would cover these 3 days, which was effectively one week/18 hours.

I then received my final payslip and realised I was missing 17 hours overtime as well.

Over the course of the last 5 months I have continually emailed and phoned my ex-employer trying to resolve the issue. However, they just ignored me saying I was wrong.

I submitted a claim to the employment tribunal. They accepted my claim.

My employers solicitor then emailed the employment tribunal to say they had received the ET1 out of time and would like an extension.

I objected to their request on the grounds they had been vague on the reason for the delay. (There is more to this but I don't feel it is relevant to my current issue).

I have today received an email from ACAS. They have been in contact with my ex-employer who is willing to pay the original amount I requested and write off the overpayment if I settle.

I have 2 issues with this. First, the behaviour and conduct of my ex-employer of the course of the last 5 months has been disgraceful. They refused to pay me the money that they know I earned through the completion of overtime. They have caused me alot of stress and worry.

Secondly, if I am correct then they are treating all of their part time employees unfairly in the way they are calculating their holiday pay and are actually breaking the law!

I submitted the following in my objection to the time extension email to the tribunal:

• • The Respondent claims I accrued 17.5 hours holiday this equates to 4.847 weeks a year
  • The Statutory legal minimum would equate to 20.22 hours (5.6 weeks a year)
  • The hours stated in my contract of employment would equate to 23.11 hours (6.4 weeks a year)

My ex-employer is a multi-billion pound company. This could have massive implications for them and all of their part-time staff if they are treating their part-time staff less favourably.

I don't know what is the best course of action.

I would really like this to all be over. However, it could change the way my ex-employer calculates part time employees holiday too. They have thousands of employees and businesses in other countries.

Should I settle or wait to see what the tribunal says?

Also, I've been representing myself up to this point so I find the thought of going to a tribunal very daunting!

Thanks!

[efpom]

Take the settlement, then it will be over.

If it goes to a hearing you will get less even if you win, which is not certain, and the employer may well obtain a costs order against you, because of your refusal to settle.Grounds-unreasonable conduct.

[R0b]

Agree with Efpom, litigation is intended as a last resort and many litigants in person fail to separate the legal issues from the moral ones. They're prepared to pay what you are asking for and write off the overpayment of the debt so that sounds like a win for you.

The fact that you admit you want it to be over is really telling as to your next steps.

[Murkywaters]

Thank you for your replies.

I think you're both right.

I'll take the settlement.

I'm so glad it will all be over. I'll be able to sleep again!