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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There, I would like to ask you about my problem with my

Resolved Question:

Hi there,
I would like to ask you about my problem with my former employer. First about me I am Spanish girl working in hospitality sector. I've been working for one hotel (on 0 hour contract) for a half year on a position bar supervisor around 30+ hours/week, when suddenly I got 0 hours from week to week. The same happened to all of my female colleagues while all of men got at least 30+ hours that week. We complained to management and we have been told that they don't have hours for us so basically we have been fired. The story is longer and more complicated, in the case that you are interested in, I can explain it in details. The main problem is that after we left the hotel didn't pay us anything even our holiday hours (around 60 hours of holiday makes around 400£). Employer said that they not going to pay us anything. I already contacted ACAS and got Acas Early Conciliation Certificate : R118306/16, but I really don't know what should I do next. Please can you advise me about my chances and possibilities in this case? Thank you very much ...in regards Patricia
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello when were you dismissed?
Customer: replied 1 year ago.
the 6th of January
Expert:  Ben Jones replied 1 year ago.
Are you only pursuing them for the holiday pay?
Customer: replied 1 year ago.
I have been thinking about discrimination as well, but I am not sure about it I want at least my money from my holidays hours
Expert:  Ben Jones replied 1 year ago.
Have y included discrimination in the conciliation form?
Customer: replied 1 year ago.
Yes I have
Expert:  Ben Jones replied 1 year ago.
Ok at present you are in the conciliation process with ACAS. This is a negotiations process where ACAS act as a mediator and approach the employer on your behalf to let them know that you have a potential claim against them and that they should consider settling with you to avoid having to take the matter further. The employer is not required to take part in this process and they can completely ignore it or they can engage and refuse to negotiate or offer any settlement. At the same time they could make certain offers as they see fit and you can also choose to accept these or reject them and continue negotiating. Once it is apparent that the conciliation process will not go any further, ACAS will close the case and issue you with a reference number. You ca then decide on whether to make a formal claim in the employment tribunal. You are not expected to make a claim and it is entirely up to you I you want to do so. I would say the holiday issue is the easier and more likely out of the two to win, the discrimination aspect has to be shown that you were actually treated worse off than men – it could still be a coincidence that men had the hours, that does not automatically mean it was based on gender. So the employer will need to show that there were other, non-gender related reasons for this – whether you are successful will really depend on what evidence and defence they bring up – I have no idea what that may be so I cannot say how good your prospects are. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Ok so in the case that ACAS has closed the case what should be my next step? Should I find me a lawyer and write with him formal letter to ET or should I just write the letter and then find me a lawyer or is there any chance to get some lawyer from state for free? What would you recommend me to do in the case that I want to go to tribunal only for my holiday hours? Many thanks
Expert:  Ben Jones replied 1 year ago.
Has the case been closed?
Customer: replied 1 year ago.
I think that not yet thats what I got from ACAS:
The Certificate accompanies this e-mail.If a prospective claimant then decides to lodge an ET1 with the Employment Tribunal, s/he must quote the Acas reference number on the Certificate when completing the ET1. It is important to quote the full number on the attached certificate, which is a letter followed by 10 numbers in the format Rnnnnnn/nn/nn (where n = number). It is the prospective claimant's responsibility to ensure that any ET1 lodged is submitted on time, and claimants may wish to consult a competent advisor on this matter.Acas has issued this Certificate to confirm that the prospective claimant has complied with the requirement under the ETA 1996 s18A. It does not indicate that Acas has taken any view on the relative merits of the matters in dispute. If and when an ET1 is accepted by the Employment Tribunal and where there is a statutory conciliation duty in the matters in dispute, Acas will again offer impartial and independent conciliation and endeavour to promote a voluntary settlement of this dispute.
Expert:  Ben Jones replied 1 year ago.
When did you start the conciliation process and when did you get this email?
Customer: replied 1 year ago.
I started on 28th of February and this email is from the 11th of April
Expert:  Ben Jones replied 1 year ago.
ok it looks like the process has finished because you have been issued with the certificate and there is a reference number in it which you can use to make a claim. You now have 3 months from the date of dismissal (excluding the time for the conciliation period) to make a formal claim. You do not need a lawyer to make the claim but you can engage one if needed. You won't get a free one unfortunately. I cannot say whether to just go for holiday hours or discrimination as well as I do not know your case well enough and you need to see someone in person to tell you that. Hope this clarifies?
Customer: replied 1 year ago.
Ok Ben, many thanks
Expert:  Ben Jones replied 1 year ago.
You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
OK sure just last question once if I send the formal letter to ET and ET answers me do I need a lawyer to continue or can be this trial done without lawyers?
Expert:  Ben Jones replied 1 year ago.
you do not need a lawyer unless you want one
Customer: replied 1 year ago.
Ok Ben ...Many thanks then
Customer: replied 1 year ago.
and the last last question please is there any fee for the tribunal ...do I need to pay something once the ET is set?
Expert:  Ben Jones replied 1 year ago.
yes you do - £160 for a holiday claim, £250 for discrimination, but if you win you get them back
Customer: replied 1 year ago.
And how do you see the chances to win the holiday claim? please? Many thanks for your answers have a good night!
Expert:  Ben Jones replied 1 year ago.
we are not allowed to give you prospect of success as doing so from just a few paragraphs of information can be negligent, so we can tell you of your rights and the law and the process to follow but cannot tell you if you have a strong case or not sorry
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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