No signed Contract of Employment + overpayment

[charitynjw]

Re: No signed Contract of Employment + overpayment

About time I updated this.

From the start (ie original Grievance Procedure) to finish (Employment Tribunal hearing) was just over 2 years.

Claim was for constructive dismissal + disability discrimination (under pre Equality Act law).

Claimant was LIP.

All the ducks were in a row (after extensive research on Employment law legislation & case law).

ACAS - all they did was contacted by post on a few occasions with the latest paltry Part 36 offer.

DD knocked out at a Pre-Hearing Review - despite a ton of supporting evidence & legal precedent.

Then at the main hearing, now down to constructive dismissal only, it was made very clear (insinuated) by the Tribunal that if my friend did not come to an out-of-court settlement, the Tribunal's decision would probably not be..................(I don't think I need to go further, you can probably sense the same sinking feeling!)

I won't bore you with the numerous details of legal sophistry & shennanigans leading up to this.

What I will say, though, is that I doubt whether either the ET or the respondents sols would have dared to act in this manner if there had been legal representation for the claimant.

& yes, Without Prejudice agreement made!

[CleverClogs]

Re: No signed Contract of Employment + overpayment

Disability discrimination should not have gone to an ET, as those numpties do not have the faintest idea of the law; a County Court would surely have been better.

Was the matter of your friend's underpayment of wages ever resolved?

[teaboy2]

Re: No signed Contract of Employment + overpayment

Well as for the overpayment i believe estoppel put pay to the Employers claim on the overpayment i.e. change of position from that of their original position when the employee called to make sure that amount she/he was paid was correct and was told it was.

[charitynjw]

Re: No signed Contract of Employment + overpayment

Hi CleverClogs,

I'm fairly sure that regarding employment matters, the Employment Tribunal has jurisdiction.

Hi teaboy,

The 'overpayment' was a ruse, I'm sure - designed to create another layer of pressure.
The matter has now evaporated like Scotch mist (or should that be Scottish?) lol.

[CleverClogs]

Re: No signed Contract of Employment + overpayment

The 'overpayment' was a ruse, I'm sure - designed to create another layer of pressure.
The matter has now evaporated like Scotch mist (or should that be Scottish?) lol.

First the "overpayment" was £150, then it was only £30.

From that, one might suppose she'd been underpaid by £60 or so. :tinysmile_hmm_t2:

[charitynjw]

Re: No signed Contract of Employment + overpayment

First the "overpayment" was £150, then it was only £30.

From that, one might suppose she'd been underpaid by £60 or so. :tinysmile_hmm_t2:

It was never made clear what the alleged amount was.

Only that, if it wasn't paid tout suite, my friend would have been dragged through the highest courts in the land, then banished to the fiery furnaces of that portion of Hell reserved for those who owe money.

Or something like that.

In big red letters!