Former employee taking us to tribunal
Discussion
Hoping for some help.
We have a former employee taking us to a tribunal.
Claiming unpaid holiday - Worked part of a year used 8 entitled to 12 yet is claiming for the remaining total of 28 days allowance does not seem to understand accrual.
Also making a false claim for some sort of month in hand salary claim, which no employee currently, formerly or ever has been on.
I wish to defend obviously but wondered if anyone could reccomend a 'tribunal expert' solicitor or whoever we would need to assist with defending something like this properly.
Many thanks,
We have a former employee taking us to a tribunal.
Claiming unpaid holiday - Worked part of a year used 8 entitled to 12 yet is claiming for the remaining total of 28 days allowance does not seem to understand accrual.
Also making a false claim for some sort of month in hand salary claim, which no employee currently, formerly or ever has been on.
I wish to defend obviously but wondered if anyone could reccomend a 'tribunal expert' solicitor or whoever we would need to assist with defending something like this properly.
Many thanks,
the cueball said:
Have they made the threat, or actually done it?
I've had a few employees try to take us on, and it usually goes away after 1 call to ACAS or whoever is dealing with it.
1 part of this regarding the holidays is very easy to deal with, I'm surprised someone even put that forward.
Yeah this shouldn't be expensive to resolve via ACAS.I've had a few employees try to take us on, and it usually goes away after 1 call to ACAS or whoever is dealing with it.
1 part of this regarding the holidays is very easy to deal with, I'm surprised someone even put that forward.
Antony Moxey said:
Won't stuff like holiday accrual and work in hand be in their employment contract?
This.Contract should include all details of this sort of thing.
Holidays should state x days per year, proportional to time worked in starting and leaving year, and give the dates for the start of the holiday year.
Salary payments should state similar, and also the pay date in the month, or weekly etc.
The employee asked for two week holiday in August '24 and was told they could have two weeks any time October, November, December etc but there simply wasn't the availability for that holiday at the requested date.
I did say if you can make one week work I can be flexible. They said they would let us know.
around 3 weeks later as they never got their own way they left and then emailed resignation later that day. No notice worked etc.
They had already booked the holiday 2 weeks before requesting it
They failed at early conciliation with Acas as they wrongly believe they are entitled to 28 days and don't understand the concept of accrual.
They put forward three different figures they are entitled to on the three attempts to resolve. Even the middleman at Acas lady dealing with it did show exasparation. Original claim started out wanting about £2000/£2300
Contract contains nothing about working a month / week / day in hand I can't understand how or why they have got this idea in their head. Essentially any other employee that left the business would say on the 15th of a month would be getting a month plus 15 days worked which simply hasn't ever happened.
Latest claim seems to be for around £4500/5000.
I did say if you can make one week work I can be flexible. They said they would let us know.
around 3 weeks later as they never got their own way they left and then emailed resignation later that day. No notice worked etc.
They had already booked the holiday 2 weeks before requesting it
They failed at early conciliation with Acas as they wrongly believe they are entitled to 28 days and don't understand the concept of accrual.
They put forward three different figures they are entitled to on the three attempts to resolve. Even the middleman at Acas lady dealing with it did show exasparation. Original claim started out wanting about £2000/£2300
Contract contains nothing about working a month / week / day in hand I can't understand how or why they have got this idea in their head. Essentially any other employee that left the business would say on the 15th of a month would be getting a month plus 15 days worked which simply hasn't ever happened.
Latest claim seems to be for around £4500/5000.
Edited by JimmyConwayNW on Thursday 13th March 13:44
Evanivitch said:
If ACAS aren't running with it then no decent lawyer will. Any lawyer attempting to threaten you would be in breach of their standards. Any attempt at the small claims court would be cheap and straightforward.
How do I know if Acas are running with it? It looks like hes just submitted his own claim via the gov portal doesn't appear to be Acas backed but never been on the receiving end of anything like this before.We had our last employee to leave threaten us with tribunal for all sorts of things on the say so of his 'union rep' - sounds important...
In reality the union rep was a braindead moron who had been elected after holding up some banners and grunting in some unintelligible English who then pretended to know what he was talking about and how he'd help the ex-employee bring the fight to the big nasty company.
Lay out why it's totally wrong and it'll probably go away.
In reality the union rep was a braindead moron who had been elected after holding up some banners and grunting in some unintelligible English who then pretended to know what he was talking about and how he'd help the ex-employee bring the fight to the big nasty company.
Lay out why it's totally wrong and it'll probably go away.
JimmyConwayNW said:
The employee asked for two week holiday in August '24 and was told they could have two weeks any time October, November, December etc but there simply wasn't the availability for that holiday at the requested date.
I did say if you can make one week work I can be flexible. They said they would let us know.
around 3 weeks later as they never got their own way they left and then emailed resignation later that day. No notice worked etc.
They had already booked the holiday 2 weeks before requesting it
They failed at early conciliation with Acas as they wrongly believe they are entitled to 28 days and don't understand the concept of accrual.
They put forward three different figures they are entitled to on the three attempts to resolve. Even the middleman at Acas lady dealing with it did show exasparation. Original claim started out wanting about £2000/£2300
Contract contains nothing about working a month / week / day in hand I can't understand how or why they have got this idea in their head. Essentially any other employee that left the business would say on the 15th of a month would be getting a month plus 15 days worked which simply hasn't ever happened.
Latest claim seems to be for around £4500/5000.
Holiday calculation would be based on the amount of time worked in the year up to the day they left.I did say if you can make one week work I can be flexible. They said they would let us know.
around 3 weeks later as they never got their own way they left and then emailed resignation later that day. No notice worked etc.
They had already booked the holiday 2 weeks before requesting it
They failed at early conciliation with Acas as they wrongly believe they are entitled to 28 days and don't understand the concept of accrual.
They put forward three different figures they are entitled to on the three attempts to resolve. Even the middleman at Acas lady dealing with it did show exasparation. Original claim started out wanting about £2000/£2300
Contract contains nothing about working a month / week / day in hand I can't understand how or why they have got this idea in their head. Essentially any other employee that left the business would say on the 15th of a month would be getting a month plus 15 days worked which simply hasn't ever happened.
Latest claim seems to be for around £4500/5000.
Edited by JimmyConwayNW on Thursday 13th March 13:44
Pay similar. If they had worked 15 days in the month they left then about half month would be correct. If they left without giving notice I believe they are not entitled to payment for the notice period. You did not give them notice, they resigned, totally different situation
As an example using a 30k salary. 15 days pay would be about £1,250. Holidays you mentioned 4 days owed. That is about £115/day so £460, Total = £1,710
I thought under two years, tribunals were only permitted for H&S breaches and maybe something else?
It sounds an easy enough thing to defend yourself with maybe a little backing of legal advice as this one does not understand his contract, not your problem. Have you got a formal response from ACAS to back your case?
It sounds an easy enough thing to defend yourself with maybe a little backing of legal advice as this one does not understand his contract, not your problem. Have you got a formal response from ACAS to back your case?
Tom8 said:
I thought under two years, tribunals were only permitted for H&S breaches and maybe something else?
It sounds an easy enough thing to defend yourself with maybe a little backing of legal advice as this one does not understand his contract, not your problem. Have you got a formal response from ACAS to back your case?
Under 2 years you can be sacked for any reason as long as it's not a protected characteristic. It sounds an easy enough thing to defend yourself with maybe a little backing of legal advice as this one does not understand his contract, not your problem. Have you got a formal response from ACAS to back your case?
A dispute about pay is unrelated.
Evanivitch said:
Tom8 said:
I thought under two years, tribunals were only permitted for H&S breaches and maybe something else?
It sounds an easy enough thing to defend yourself with maybe a little backing of legal advice as this one does not understand his contract, not your problem. Have you got a formal response from ACAS to back your case?
Under 2 years you can be sacked for any reason as long as it's not a protected characteristic. It sounds an easy enough thing to defend yourself with maybe a little backing of legal advice as this one does not understand his contract, not your problem. Have you got a formal response from ACAS to back your case?
A dispute about pay is unrelated.
Just email them this link and tell them to stop talking nonsense about their holidays..
Calculate holiday entitlement
Use this tool to calculate holiday entitlement for:
a full leave year
part of a leave year, if the job started or finished part way through the year
If an employee works irregular hours or for part of the year, you also use this calculator to work out how much leave they’ve built up (‘accrued’) over a pay period.
https://www.gov.uk/calculate-your-holiday-entitlem...
Calculate holiday entitlement
Use this tool to calculate holiday entitlement for:
a full leave year
part of a leave year, if the job started or finished part way through the year
If an employee works irregular hours or for part of the year, you also use this calculator to work out how much leave they’ve built up (‘accrued’) over a pay period.
https://www.gov.uk/calculate-your-holiday-entitlem...
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