Help on Tribunals claim against ex-employer for unpaid notice pay + redundancy pay

[david.yy]

I was employed & employment contract signed with a British company (registered in the UK) about three years ago, and my work location has been in their Hong Kong office (a subsidiary company registered in Hong Kong). The problem now comes when they closed their HK office and dismissed us without serving the notice period per the contract states. A few months has gone but this terrible employer still not paying anything they owed me.

Hence in the end I filed a case to Employment Tribunals.
- In employer’s first response, ET3, they lied to UK Tribunals: I "have never been employed by them".
- After I further refer to the employment contract to both ET & ex-employer, now the employer said to ET that it was an "Admin Error" and I was not connected to UK company but only work in the HK company etc. And they contends that UK Tribunals do not have the jurisdiction on my case and ask ET to strike out the claim.
- UK Tribunals now asked for a pre-hearing in mid-March, regarding this jurisdiction etc.

Can anyone help give some professional comments on the case, and my chance of winning this claim? Especially:
- in general(under current laws), is this kind of case(contract with a UK company but working oversea) ok to be taken up by UK Tribunals (ie ET shall have juridiction)?
- recently I also receive a letter from the employer, they said they consult legal advice and confirm my case doesn't fall into the oversea working category, requesting me to withdraw the ET claim next few days. Otherwise they will apply to levy the legal cost occured onto me. -- Is this possible? And can I do the same: get legal support and apply legal fee onto them? (So it is important to know my chance of winning before getting legal help)

Furthermore, because I am currently in HK, I cannot come in personal for the coming pre-hearing. What is the best way of getting this done?

Any comment is really appreciated.

[Eloise01]

Re: Help on Tribunals claim against ex-employer for unpaid notice pay + redundancy pa

Sorry - it is impossible to assess whether a UK court has jurisdiction without a detailed assessment of the case papers.

It is unlikely at this stage that you would be subject to a costs order unless your claim is clearly litigatious or vexatious - although you may be wrong about it, I can see no evidence here that you are being either, so costs would be unlikely. Even less likely would be costs awarded against the employer. In 98% of cases each side pays their own costs. It is possible that if the tribunal tells you that your claim has no merit and you shouldn't attempt to proceed, and you ignore that advice, then a tribunal would consider awarding costs against you.

A litigant in person is responsible for putting their own case to the tribunal. If you fail to attend a hearing or to present argument then the likelihood is that your claim will be struck out. It is your responsibility to be there.

[david.yy]

Re: Help on Tribunals claim against ex-employer for unpaid notice pay + redundancy pa

Thanks Eloise01. Paperwork are all written that I was employed by this UK company (ie doesn't show any info of the HK company), it is only that the ex-employer is arguing that it was Admin-error. In fact, I aso have a reference letter from the UK director and it states I was employed by UK co. and stamped with UK co. stamp. Is this enough?
(Also, if I send you a copy of my case paper, would you be able to help clarify this for me? Really appreciated.)

Regarding the pre-hearing, is it possible that a friend of mine represents me on the pre-hearing, or I have to get a solicitor as my representative?

[Eloise01]

Re: Help on Tribunals claim against ex-employer for unpaid notice pay + redundancy pa

I am afraid that that may not be enough, no. And I cannot assess a case based on a couple of letters. I would need all case papers, personal discussion and the employers version - that is hours of work!

You can appoint a representative, but that does not mean that the tribunal will accept your absence. They rarely do and I have never known them to accept being in another country as an acceptable reason. No matter who represents you, this is YOUR claim. The person who can provide information to the tribunal, answer questions and decide things is you. They won't be sitting around while someone nips out to phone you, and they will expect to hear and SEE you. I know that even video conferencing has been refused by tribunals. The chances are, as I said, that if you are not there, your claim will be struck out. You can ask the tribunal about this, but I wouldn't be sanguine you will get an answer you like.

I should also point out that you will be required - and this is an absolute requirement - to attend your tribunal (if you get that far),and the cost of getting to the UK and arranging for entry to the UK will be entirely your own, as will be the cost of returning to HK. You will get no expenses or support for this and you cannot add it to your claim. Is what you are claiming in your ET1 worth the cost of a return international flight, visa arrangements, and so on? Because if it leaves you out of pocket that will be your problem - even if you win.

[david.yy]

Re: Help on Tribunals claim against ex-employer for unpaid notice pay + redundancy pa

Thanks.

Another question I would like to ask as well:
When the ex-employer closed the HK office and we did not get any payment, we, together with a few other employees in HK(other employees signed contract with HK company), have reported case in HK Tribunals against the HK registered company, and in the end we won the order. (But they still ignored the order and do not pay at all!)

Would my case won in HK be putting me in favor, or on the contrary will be affecting this claim in UK? (they seem to use this and ask ET to strike out the claim.)

[Eloise01]

Re: Help on Tribunals claim against ex-employer for unpaid notice pay + redundancy pa

You cannot both be employed by the Hong Kong company (which you must have been for the tribunal in HK to accept jurisdiction) and the UK company. If you have already successfully claimed that you work for the HK company, then you do not work for the UK one! It would seem that your claim in the HK tribunal and the enforcement of that order is a matter for HK authorities - a UK tribunal will not enforce such an order because it is none of their business. This does appear to be a matter between you and the HK company, and the HK laws.