Raising a claim against more than one company ?

[ElisaWell]

Hi,

I am about to start proceedings against my ex employer and I would be grateful if you could give advice regarding ACAS early conciliation and its implications, and also advise on who I should be raising a claim both with ACAS and ET.

- My employee, X, dismissed me / discriminated against me. But to do so they used the HR department from another company, Y, owner of X. Y provided X with HR and legal advice.
Who should I be raising my Claim against? X only or should I raise against X and Y? What are the risks of not lodging a claim against Y from the beginning with ACAS?
Do I need evidence that Y discriminated against me to bring a claim with them as well? Or is their participation in the process enough?
- The early conciliation with ACAS does not seems mandatory and a certificate number can be issued without ACAS mediation. If I opt down that route, can this be brought against the case in tribunal? I know there is another conciliation stage after the claim is lodged with ET.

Thank you

[ULA]

If Y is the owner of your employer X, is X a trading entity in its own right?

You have to tell ACAS first before you can make an Employment Tribunal (ET) claim. They will offer you Early Conciliation and if you do not want to do this, they will give you a certificate number in order that you can pursue the claim with the ET.

Early conciliation is now, since the 1 Dec a phase that lasts up to six weeks, if agreement is not reached then at that stage the certificate number is provided in order for the claim to go to the ET. However, you and your ex-employer can still talk through ACAS during the tribunal process up to the point when a judgment is made. This is what is known as ‘conciliation’ (rather than ‘early conciliation’). ACAS do state that normally they will provide the same conciliator that you had for early conciliation.

[ElisaWell]

If Y is the owner of your employer X, is X a trading entity in its own right?

You have to tell ACAS first before you can make an Employment Tribunal (ET) claim. They will offer you Early Conciliation and if you do not want to do this, they will give you a certificate number in order that you can pursue the claim with the ET.

Early conciliation is now, since the 1 Dec a phase that lasts up to six weeks, if agreement is not reached then at that stage the certificate number is provided in order for the claim to go to the ET. However, you and your ex-employer can still talk through ACAS during the tribunal process up to the point when a judgment is made. This is what is known as ‘conciliation’ (rather than ‘early conciliation’). ACAS do state that normally they will provide the same conciliator that you had for early conciliation.

Hi Ula

Yes, correct X is a trading entity as so is Y
X is a Ltd and Y a Llp

[ULA]

Potentially you would name your employer X as Respondent 1 and if you believed that the HR department of company Y, the owner of company X, by their actions also discriminated against you then they would be named as Respondent 2 in the ET1. You would have to prove that both had been involved in the discrimination that you are making the claim about.

[ElisaWell]

Potentially you would name your employer X as Respondent 1 and if you believed that the HR department of company Y, the owner of company X, by their actions also discriminated against you then they would be named as Respondent 2 in the ET1. You would have to prove that both had been involved in the discrimination that you are making the claim about.

They were definelty involved in the dismissal which in itself is an act of discrimination... elven if they were not involved in previous acts.
their involvement in the dismissal can be proved

[ULA]

If you can prove both companies involvement in the discrimination you are claiming then it would probably be best to name your direct employer as Respondent 1 and then the owing company as Respondent 2.

It will be up to the judge to decide whether there is enough evidence for Respondent 2 to be party to the claim.

[ElisaWell]

Thank you Ula you've been really helpful.

I have another question regarding Pension.

Are companies exempt to discount for pension during the probation period? Or should pension discounts be there from day one?

Thank you.

[ULA]

Not sure what you mean by pension discounts.

Under auto enrolment a company can defer an employee joining the scheme for up to 3 months. For many companies this coincides with the term of a new starters probationary period.

[ElisaWell]

Thank you Ula you've been really helpful.

I have another question regarding Pension.

Are companies exempt to discount for pension during the probation period? Or should pension discounts be there from day one?

Thank you.

Thank you. That makes sense.

[ElisaWell]

Ula I have one more question about Pension.
I asked my employer why they had not paid my pensions for many months and they have mentioned they did not have a pension scheme that was fit for purpose. In a company with more than 30 employees, is this normal ?

[ULA]

By law your employer needs to put their eligible staff into a workplace pension and pay into it.

[ElisaWell]

Hi,

It would be great if you could help me with a question I have:

Can a respondet transfer liability to other company ? The respondent is saying they've changed name but there is no record of name change in companies house and the new name they've given is off a company establish for more than 70 years. Is this legal ? Why would they do this if the initial legal entity still exists and will continue existing... ? (The only answer I find is that they're wanting other name to go in the public records?)

Thank you

[ULA]

Does this relate to other threads you have regarding your ET claim and this one in particular?

Raising a claim against more than one company ? - LegalBeagles Forum

Seeing as you have an ongoing claim for which you are periodically coming to the forum to get guidance, it would be really helpful to keep everything on one thread. It just makes it easier for those of us providing advice not to have to check across multiple threads to ensure our advise on one issue takes account of historicial information on the claim.

I am happy to merge the threads to get this in order.

Thanks

[ElisaWell]

ULA Yes it does refer to the same. Thank you.

[ElisaWell]

ULA on the top of my first query above, it would be great if you could let me know if there is a limit of time to bring unpaid pensions with the pension regulator...

Thank you