Document disclosure questions

[MsDoe]

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[MsDoe]

Concerning the authenticity of payslips and pension contributions, do I need to serve the Respondent a N268 Form? It has been more than 7 days from the disclosure but the order for witness statements is in the following September... Did this make any sense?

Ok... Please ignore my two last posts, I was just testing because I have tried several times to reply to your last post and it wouldn't let me.
Again thank you for your answers. My former employer payed me daily cash in hand bellow minimum wage while her payslips state that I was paid monthly in the bank for less hours and more earnings plus contributions that she never made like pension. Since she produced a sheet that supposedly proves pension contributions, I would like to dispute all of them and prove her to be a tax evader and forger which she is. What are the legal steps I need to take to do that?

[ULA]

How long were you employed by your employer?

What is your actual claim for?

Did you ever query why your payslips did not accurately reflect how you were being paid?

Paying cash-in-hand does not mean that you are exempt from the National Minimum Wage laws and you should not have been paid below this level. In regard to not being paid the minimum wage I presume that this forms part of your claim? The other thing you can do is make a compliant to HMRC.

What proof do you have of the hours that you worked and what you were actually paid in cash? I presume if you were not paid into your bank account then your bank statements would support this? Do they form part of your list of documents?

Do you qualify for auto entrollment into a pension scheme under the following the criteria?

• You are classed as a worker?
• You are aged between 22 and state pension age.
• You earn at least £10,000 per year.

[MsDoe]

How long were you employed by your employer?

What is your actual claim for?

Did you ever query why your payslips did not accurately reflect how you were being paid?

Paying cash-in-hand does not mean that you are exempt from the National Minimum Wage laws and you should not have been paid below this level. In regard to not being paid the minimum wage I presume that this forms part of your claim? The other thing you can do is make a compliant to HMRC.

What proof do you have of the hours that you worked and what you were actually paid in cash? I presume if you were not paid into your bank account then your bank statements would support this? Do they form part of your list of documents?

Do you qualify for auto entrollment into a pension scheme under the following the criteria?

• You are classed as a worker?
• You are aged between 22 and state pension age.
• You earn at least £10,000 per year.

I was employed for about two and a half years.

My claim is for Unlawful Dismissal, Underpayment and Discrimination.... Although I have been advised that my discrimination claim is not strong.

I was regularly asking to be paid nmw and given payslips with my actual earnings, but I was ignored. The last time I asked I was sacked.

I have my daily sales papers which compared to my payslips they don't match, but only for the last one and a half year of my employment. I requested the sales papers from my first year which were not included in their disclosure and they deny they have it, even after I pointed out that by law they should keep them for six years.

How on is classed as a worker?
I am aged between 22 and state pension age
I didn't know I should earn at least £10.000 per year. In that case I only qualify for one year of my employment. They disclosed a sheet for that year with contributions, but as I said the pension scheme informed me that there were never contributions with my data. So I am guessing the pension sheet is as false as the payslips and this is why I want to dispute it

[MsDoe]

Ok... Please ignore my two last posts, I was just testing because I have tried several times to reply to your last post and it wouldn't let me.
Again thank you for your answers. My former employer payed me daily cash in hand bellow minimum wage while her payslips state that I was paid monthly in the bank for less hours and more earnings plus contributions that she never made like pension. Since she produced a sheet that supposedly proves pension contributions, I would like to dispute all of them and prove her to be a tax evader and forger which she is. What are the legal steps I need to take to do that?

Additionally, I just noticed that on that document there is no scheme reference number

[MsDoe]

Ok... Please ignore my two last posts, I was just testing because I have tried several times to reply to your last post and it wouldn't let me.
Again thank you for your answers. My former employer payed me daily cash in hand bellow minimum wage while her payslips state that I was paid monthly in the bank for less hours and more earnings plus contributions that she never made like pension. Since she produced a sheet that supposedly proves pension contributions, I would like to dispute all of them and prove her to be a tax evader and forger which she is. What are the legal steps I need to take to do that?

Update: I am sorry I am confused, as this is a confusing situation I am dealing with. I was earning more than £10.000 per year but it doesn't show on my payslips, P60 etc. It shows when one adds up my sales papers. So as I said, she was tax evading and forging. I read that unless I serve a N268 on time, I am deemed to admit the disclosed documents as authentic. I would really appreciate any ideas on how to avoid that

[ULA]

As you admit this appears to be a confusing situation and thank you for the further information which is helpful.

Having done a bit more checking there is no specific procedure in the employment tribunal to challenge the authenticity of the other party's documentary evidence. However, there are a couple of options you can consider:

1. Request the original document and the get an expert's opinion on its authenticity. I think you already have access to the documents from what you have said but of they are not disclosed voluntarily, an application for an order under Rule 10(2)(d) of the Employment Tribunals Rules of Procedure (ET Rules) could be made.
2. Alternatively, arguments as to the documents authenticity could be put to the other party under cross examination at the hearing. Although to do this you would need to have proof to support that allegation. If this was the course of action you decide to take it may be worth covering this as a point in your own witness statement.

[MsDoe]

As you admit this appears to be a confusing situation and thank you for the further information which is helpful.

Having done a bit more checking there is no specific procedure in the employment tribunal to challenge the authenticity of the other party's documentary evidence. However, there are a couple of options you can consider:

1. Request the original document and the get an expert's opinion on its authenticity. I think you already have access to the documents from what you have said but of they are not disclosed voluntarily, an application for an order under Rule 10(2)(d) of the Employment Tribunals Rules of Procedure (ET Rules) could be made.
2. Alternatively, arguments as to the documents authenticity could be put to the other party under cross examination at the hearing. Although to do this you would need to have proof to support that allegation. If this was the course of action you decide to take it may be worth covering this as a point in your own witness statement.

Thank you for the options, which I will consider. I already state in my claim and email to the respondent's representative, that the payslips are false and I challenge their authenticity. In my schedule of loss that I am now preparing, can I use words like "Tax evader" and "Forger" without the risk of being sued?

[ULA]

You schedule of loss is a document that sets out how much you want the tribunal to award you if you win your claim. It sets out an amount for the money you ae actually owed. It also includes compensation for things such as the amount of time you've had to spend out of work, or your loss of employment rights. So it is effectively all about the figures and simple explanation of those figures and certainly not something where you would detail tax evasion and forgery.

[MsDoe]

You schedule of loss is a document that sets out how much you want the tribunal to award you if you win your claim. It sets out an amount for the money you ae actually owed. It also includes compensation for things such as the amount of time you've had to spend out of work, or your loss of employment rights. So it is effectively all about the figures and simple explanation of those figures and certainly not something where you would detail tax evasion and forgery.

Hello Ula, you've been a great help so far, and I didn't have the time to properly thank you and write a review! As you will see from my post bellow, I am still trying to keep up with the procedures ahead... I would like to start a new thread, but before I do, I am pasting my post here... You're my best bet


URGENT. Hi all, I am the Claimant in an Employment PH set for next week. I gathered evidence that my former employer unlawfully dismissed me, underpaid me, failed to enrol me into a pension scheme, committed tax evasion and forged payslips. I would like to write a non prejudice letter and propose an amount for settlement before the PH. I am thinking something like: "The penalties for the above are so and so, and I will have no option to report you to the authorities i.e. HMRC etch, but I would prefer to settle for that amount" What do you think? My question is: How do I mention the possible consequences to show them I mean business, but doesn't seem like blackmail? Thank you in advance!

[ULA]

With your agreement I an going to delete your new thread as it is very unhelpful to those of us advising having to jump between threads to provide information on matters that are related and for which a total picture of the situation ensures the best possible support.