Salary/Commission

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Re: Salary/Commission

hello, just wanted to update anybody who is interesed.
My son put in a claim to an employment tribunal, just in time and today he has recieved a letter saying the employment tribunal has accepted there is a claim and have given a court date for October. Must admit this is much sooner than we thought.I hope you wont mind if i come back to ask for clarification on the process. Thank you.
Christine

[charitynjw]

Re: Salary/Commission

Hi Christine66,

You need to get prepared now to ensure you don't fall foul of Employment Tribunal Rules & Procedures.
You could do a lot worse than to refer to this site for 'tactics'. http://etclaims.co.uk/
& I'm sure we will be able to help.

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Re: Salary/Commission

thank you, i did work in the criminal justice system so although i am familiar with certain procedures but not of course in employment tribunals. All the evidence is in text messages which took place over about 8 weeks. We are consolidating these in a statement in chronological order and this is nearly finished. It sounds from the letter this has to be submitted to the court and the respondents 7 days before the court hearing. Can anybody tell me if this is correct, and of course I would welcome any other advice.
Thank you
Christine

[charitynjw]

Re: Salary/Commission

Wrongful dismissal is a common law action, & as such could also be progressed through a (I assume in the instant case) small claims court, although an ET is also an option.
Did your son receive a contract of employment, or a statement of employment particulars?

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Re: Salary/Commission

hello, am not sure i understand where you are coming from and as this is a new experience need to have things spelled out,sorry. My son was not dismissed he just wasn't paid wages or commission. His employers initially promised to pay on this day and that day and then stopped contact. He just wants thecmoney owed to him.

Christine

[charitynjw]

Re: Salary/Commission

Witholding monies which are owing comes under the 'head' of wrongful dismissal, as it is a potential contractual breach.
It is a statutory duty for the employer to give a statement of employment particulars within 2 months of commencing employment. This would outline, among other things, the details of earnings.
It's all part of getting the ducks in a row, to be honest!

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Re: Salary/Commission

right thank you now I understand where you are coming from. I think we have the ducks just maybe not standing in a row!!
Am not sure in the short time he worked for these people he recieved a statement of employment will have to ask. Can i just ask again does my son have to provide his evidence to the court and the respondents 7 days before the hearing.
many thanks
christine

[charitynjw]

Re: Salary/Commission

There are usually standard directions issued by the case management (Tribunal).
If you are in doubt, best check with them, as it is important to keep to their schedule.

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Re: Salary/Commission

thank you for your comments just hope it works out for my son and he will at least get the money owed him.

[charitynjw]

Re: Salary/Commission

thank you for your comments just hope it works out for my son and he will at least get the money owed him.

I hope so, too.
Please keep us up to date, & if you should need further assistance, post away!