Employment tribunal CMO

[Jeyness]

Hi everyone, I am after a bit of help with preparing the following orders:

1. A document setting out how much to claim
2. Copies of all Supporting evidence

I have been given 4 weeks from the dat of the letter (9th Sept) to send everything to the respondent, the letter arrived late so I'm trying to get everything ready ASAP.

To give a bit of context -

I claimed for redundancy from my employer back in April, after my employer put me on short time working (less than 50% and in some week 0 of my contractual earning) for over 4 consecutive weeks.
When the Furlough scheme was announce, another colleague who was working (earning less wages) decided to pull the "shielding card" and the company decided to furlough him (previously working 4 days weeks) and recall me to work for 2 days per week.

upon my return to work for the 2 day weeks I asked what my position would be going forward in terms of earnings and work, this would remain unchanged for the foreseeable future, I then wrote to my line manager requesting redundancy and gave the 1 week notice to comply or counter offer- this was not observed and no response was give for 3 weeks. 2 week after requesting redundancy I gave my 5 weeks notice and spend the time up until now constantly chasing for updates on redundancy, letter confirming working times and missing wage slips and leaving documents(these have since been received)

So my question is, I don't really want to take the mick, but I want what I can legally claim for:
-The initial redundancy payment
-Interest on the monies owed from May- the date of payment(possibly 12 months)
-Compensation for the time spent collating documents and understanding what is required in this process
-Compensation for taking a day of work to be at the hearing
-Compensation for a 130 mile round trip to the hearing.

Also, I was wondering if there was any structure to the letter claiming the amounts owed and the supporting evidence and documents(all emails)

Thanks in advance, and sorry for the long post, but I want to be thorough.

Steve

[Jeyness]

I just wanted to add that another colleague has challenged the company on the ground of unfair dismissal as a colleague was working full time while he was on short time.

This was also the case for me, where a lower paid member of my department was still working significant hours, while I was on 0 hours. I can also call witnesses to state that his role within the department was of a different nature.

is this a realistic thing to claim and is it still possible at this stage?

[ULA]

What you need to complete is a schedule of loss which sets out how much you are wishing to claim.

In regard to the specific questions about what you can claim for then answers are:

-The initial redundancy payment
Yes you can claim for this if it has not been paid to you

-Interest on the monies owed from May- the date of payment(possibly 12 months)
No this will not be allowed

-Compensation for the time spent collating documents and understanding what is required in this process
If you prepare for the claim yourself, the judge has the power to make a preparation time order. These are the costs for the time spent preparing for the case. The amount you can claim is worked out as the number of hours you've spent preparing the case multiplied by £40 an hour.

-Compensation -- for taking a day of work to be at the hearing
I believe it would be on the basis of the above calculation

-Compensation for a 130 mile round trip to the hearing.
I would suggest this could be done at the rate detemined by HMRC for rates and allowances for travel.

I have a caveat on the final three items in that it is very rare for a judge to award costs even if you were to win your case.

[Jeyness]

Many thanks for your Feedback, ULA.

I have taken on board this info a drafted my letter accordingly.

Do you have any comments on my second post by chance?

I appreciate the advice.

[ULA]

From your original post it seems like you resigned and you are now trying to claim redundancy payments since you believe that your position was redundant as it has been put on short term working. I presume there was nothing in your contract regarding the company being able to put you on short term working?

In regard to your colleague I presume the person has been dismissed and they are now claiming unfair dismissal. This is a different situation to yours and potentiallly would not be part of your claim.

[Jeyness]

Not quite accurate.

I was placed on short time (as per my contract in times of downturns) for over 6 weeks on 0 hours.
During this time, a colleague, who job is different to mine, was assigned 3 days per week working to cover my duties.

He was subsequently furloughed and I was called back tot he office for 2 days per week to pick up my duties(and unfortunately put right all of the work he had completed incorrectly)

The company had no intention of returning me to full time working hours in the foreseeable future, nor put me on furlough.

Unfortunately it became uneconomical for me to travel 80 mile round trips twice a week and for this reason and in line with the ACAS website, chose to take the route of redundancy.

My thoughts here are that I was unfairly laid off in the first instance as they chose a colleague from a different area of expertise to cover my work load at a lower pay rate and a lower standard of work, I was only called me back because he effectively forced there hand in furloughing him and they were stuck.

Hopefully that clears up the situation.

One additional question; if there is anything in this letter to my previous employer that is effectively asking for too much from the tribunal (as I am not sure what I can claim and would like to get what I am owed after all of this time) would there be a significant repercussion to this? Of course I am not going to ask the earth and be intentionally unreasonable.

Many thanks.

[ULA]

If you had a clause in your contract that allowed your employer to put you on short-term working then it is unlikely that you can claim them doing so was unfair unless you can claim discrimination against one of the protected characteristics.

Is your employer being represented for defending the tribunal claim you are making or are they representing themselves?

I presume your claim is for your redundancy payments or is there anything else you are claiming for? If just the former then as an intitial guide have you received the following payments:

1. Redundancy pay either statutory or if the company has a policy with redundancy terms that are greater than statutory then this should be used.
2. Notice pay
3. Accrued but untaken holiday pay up until your leaving date.

If not then these need to form the main part of your claim.

[Jeyness]

I am not quite sure what their plans are, as I received no contact from my previous employer after my leaving date. the last I heard from them was back in May, when I received my "leavers documents" and a cover note saying they would be in touch shortly regarding my redundancy.

I know at the point of them writing that letter they were in contact with "professional advisors" as they named them, to understand their obligations towards my redundancy.

The company has had previous history of making people redundant en mass and closing/restarting the company under a new brand to try and forfeit responsibilities, so I am not sure what their intentions are with this claim.

1. So far I am just missing my redundancy payment.
2. I received my notice pay (although I was this was 2 days working per week through my 5 week notice period)
3. I also received my holiday pay.

[ULA]

Normally what would happen is that if your ex-employer were to instruct solicitors then you would be notified of this as you would be directed to send all correspondence to the solictor.

Given you have been paid your notice and holiday pay, your claim is for the redundancy payment.

[Jeyness]

Thanks ULA, thats made everything much clearer.

I will claim for my missing redundancy payments and also make clear that I would look to request a Preparation time order to recover my hours preparing the case, as well as my time and costs in attending a tribunal.

Thank you for all your help.