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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47361
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working cleaner company from 8 years. Then

Customer Question

I have been working for a cleaner company from 8 years. Then they found that the supervisor were stealing and suspended all the people which was part of the team to make an investigation. The conclusion was that only the supervisor was having gross misconduct but even like that they dismissal all the team with allegation of third part pressure and because they do not have another place for us. I am now with ACAS, they, the company, agree to pay 400 pound for 45 day of suspension to not sue the company for any other claim. The company says they do not have to pay me for the year I have worked for them. Acas says I am out of the time to go to the tribunal because since dismissal and till now has more than 3 month. Do you think I have any change to win in the court?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
What are you hoping to sue for?
Customer: replied 1 year ago.
For compensation for been working 8 year and to be fairly pay for suspended days for the company
Customer: replied 1 year ago.
but Acas says I am out of the time...I was suspended in 14 of August 2015, dismissal in 1 of october 2015
Customer: replied 1 year ago.
I would like to know if I have any chance to win the case
Expert:  Remus2004 replied 1 year ago.
I am quite not sure about some parts of your quesiton so will ask a colleague to help you
Expert:  Ben Jones replied 1 year ago.
Hello, I will try and assist you as my colleague is unable to continue. How much should you have been paid for the 45 days if you were not on suspension?
Customer: replied 1 year ago.
420 pound
Expert:  Ben Jones replied 1 year ago.
Were you paid the notice period you were due under contract?
Customer: replied 1 year ago.
I did not understand your question
Expert:  Ben Jones replied 1 year ago.
When you were dismissed, did the employer pay you for the notice period you should have been given under contract on termination of employment?
Customer: replied 1 year ago.
Since I was suspended they did not pay me nothing
Customer: replied 1 year ago.
and yes I was under the contract...my contract finished at 1 of october
Expert:  Ben Jones replied 1 year ago.
What was the contractual notice period they should have given you on termination?
Customer: replied 1 year ago.
not sure...have not the contract here ...but they suspended at14 of august and 1 of october 2015 they dismissal us. After a week I made an appeal against the unfair dismissal also because they did not pay for suspended days to the company and after near a month we had a meting where they confirmed the dismissal by third pat pressure, and that they would they for the suspended days since we had not any gross misconduct
Customer: replied 1 year ago.
would pay for
Expert:  Ben Jones replied 1 year ago.
Ok thank you. So as you have been advised, you are out of time to make a claim for unfair dismissal. This means you cannot challenge the employer for the dismissal itself and get any compensation for loss of earnings. However you will have a couple of other claims, these being:{C}· Pay for the period of suspension, which in your case will be the amount you should have been paid had you been allowed to work during that time.{C}· You should have also been paid for your notice period on dismissal. You were not dismissed for gross misconduct so you should have been given and paid your notice period. Under law this should be at least 8 weeks’ pay because you get a week for every year there but if your contract allowed for more then it would be that amount{C}· You should have also been paid for any holidays which you had not yet taken at the time of dismissal So these are the only claims you can make. You should continue negotiating through ACAS and ask them to add the notice period in this as well. If the employer refuses then you can consider making a claim to take this further. It does not have to be in the employment tribunal and you can make it in the county court where the time limits are much longer. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to pursue this further if they refuse to settle, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
ok
Customer: replied 1 year ago.
I am trying to understand what you wrote
Customer: replied 1 year ago.
The problem is that ACAS says they can not go back to talk the company because this can be seem like harassment and it possible that the company refuse to pay anything so I could lose even the 400 pound that they already agreed to pay for the suspended days
Customer: replied 1 year ago.
Do you know How much I have to pay to claim in county court?
Expert:  Ben Jones replied 1 year ago.
I think that is poor advice by ACAS to say that it is harassment when you are simply trying to pursue what you are owed. But you do not need their help anyway, you can do this alone. Also they may withdraw their offer but that does not mean you cannot take the matter further to court and still get what you are due. If you tell me what you would have earned in 8 weeks then I can work out how uch you have t pay for the court claim. In the meantime please remember to rate my answer so I can continue helping you. Thank you
Customer: replied 1 year ago.
I have rated already... It is 70 pound a week... in 8 week would ne 560.
Expert:  Ben Jones replied 1 year ago.
Sorry for some reason your rating has not come through, please try again, in the meantime I will see what the fees are
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47361
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Ok I make it that your total claim would be £980 (£420 for the suspension period and the £560 for the notice period). If you claim online it will be £60 for the claim fee and £80 for a hearing fee. You can make the claim via www.moneyclaim.gov.uk and you have 6 years to submit it.
Customer: replied 1 year ago.
thank you very much... how much i have pay you 38 pound?
Expert:  Ben Jones replied 1 year ago.
the deposit you paid, it is all done, there is nothing for you to do, thank you
Customer: replied 1 year ago.
ok if have any further question may I come back to ask ?
Expert:  Ben Jones replied 1 year ago.
yes you can just start your question with 'for Ben Jones' thanks
Customer: replied 1 year ago.
Hi Mr Jones you said: 'the deposit you paid, it is all done, there is nothing for you to do, thank you' why you took 38 pound 2 times, one for Justanswer member and another one for Justanswer Exper?
Expert:  Ben Jones replied 1 year ago.
Hello, i do not deal with account issues but it appears you paid for the question and also subscribed as a member at the time. I will contact customer services to tell them to cancel the membership and refund you the extra payment.
Customer: replied 1 year ago.
Please, I am waiting for the refund...
Customer: replied 1 year ago.
Dear Mr Jones
Can you tell me if I still can make questions? If yes, i would like to ask, how long it's take for the count court to decide for a claim?
I still waiting for 38 pound refund...
Expert:  Ben Jones replied 1 year ago.
Hi, yes I can quickly answer this question - a court claim will usually take a few months to be considered, although if things become complex and there are delays by the other side, it may take longer. So you are looking at a few months at least. As to the refund I have requested that, here are instructions on how to cancel a subscription: http://ww2.justanswer.co.uk/en-gb/help/how-can-i-cancel-my-subscription You can also contact them here to chase up the refund for the subscription : http://ww2.justanswer.co.uk/en-gb/customer-support-en-gb?category_id=158
Customer: replied 1 year ago.
So do you think I will win this claim...because the company only want to pay 400 for everything...
Expert:  Ben Jones replied 1 year ago.
Unfortunately it is not possible (or allowed) to give you prospects of success and whether you will win or lose a claim - we only have limited informatory on your situation and there are any other factors which will be taken into account so we can only give you your legal position and options, not how likely you are that you will succeed. You certainly have grounds to take this further but cannot say if you will win or not
Customer: replied 1 year ago.
Yeah sure...
Expert:  Ben Jones replied 1 year ago.
Whatever claim you make, however strong, legal action always carries risks hence why no one can ever tell you if you will win or not
Customer: replied 1 year ago.
i have to find a lawer?
Expert:  Ben Jones replied 1 year ago.
For what? To make the claim?
Customer: replied 1 year ago.
yes
Expert:  Ben Jones replied 1 year ago.
Not at all, you can make the claim yourself
Customer: replied 1 year ago.
what are the steps
Expert:  Ben Jones replied 1 year ago.
Further advice on the procedure needed will be treated as a separate quesiton I'm afraid. So you need to post a new query for my attention please and I can continue with that. Thanks
Customer: replied 1 year ago.
so I have to pay again?
Expert:  Ben Jones replied 1 year ago.
Yes this is not unlimited service for one fee unfortunately. This has already been open for 17 days, you only get a week to come and ask some follow up questions. If you had the subscription you could have posted a new question for no additional charge but in this case you will have to post a new one for an additional fee.
Customer: replied 1 year ago.
ok
Expert:  Ben Jones replied 1 year ago.
Thank you. If you are posting a new query then you can always put it for my attention as I will be familiar with your case

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