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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good morning Mr. Jones,Hope you are doing well.I've

Customer Question

Good morning Mr. Jones,Hope you are doing well.I've wasted a time to ask someone else because I did not understand the requirements of your website and been prompted to pay again just a day after our last conversation.
Anyway, I would be grateful to your help again.
The guidance of MCOL is saing I would need an Early consillation certificate number or number or a declaration that I am exempt from the requirement to contact ACAS.
Yesterday I did contact with ACAS and did not get the answer straightway.
My concern is where to address my issue: to the Employment tribunal or need to do a small claim via Civil Court? What is the difference of proceeding Money claim, do I need to use different websites, or no?
I need answer to the question do am I (was) an Employee or Self-employed? Another thing - I did sent an application form for a Fee Remission, and still haven't got any response. About the payment of the fee (105 pounds) - I understood from the guidance, I can submit the same time application form for fee remission together with money claim, is that right?
Look forward to hearing from you
Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hi there, not sure if you got confused with the above but MCOL and ACAS are completely separate and you do not need to get an ACAS certificate to be able to claim in MCOL. SO I will try and explain your options: You have two ways of claiming - the small claims court (this is basically MCOL) or the employment tribunal. You can use either option but there will be a difference in fees and also in the tribunal there is a time limit of 3 months to claim, whereas in court it is 6 years. If you wanted to use the court route then you can go ahead and make a claim straight away and you do this via www.moneyclai.gov.uk If you wanted to use the tribunal route then before you are allowed to claim you have to go through early conciliation with ACAS. If you are unsuccessful with that then you ill be issued with a certificate saying you have completed conciliation and then you will be allowed to claim in the tribunal. The only issue is that if you were self employed you cannot make a claim in the tribunal so you will have to use the court automatically. There is no fee remission in the court, this is only a tribunal option but if you cannot claim in the tribunal then you will have to pay the fees for the court 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
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Customer: replied 1 year ago.
Hi Mr Jones,
I undarstend now. My right option is to use the court automatically, as you said and pay the fee.
Would have one more question please: If I go to holiday in my counthry and stay 1 month what will happen? How I will be in contact with the curt and make sure I wouldn't miss any important information?
Thank you very much
Expert:  Ben Jones replied 1 year ago.
Hi, the court correspondents by letters so if you have someone who can keep a track on your mail then they could update you if anything important has come in
Customer: replied 1 year ago.
O'k. Thank you
Expert:  Ben Jones replied 1 year ago.
You are welcome
Customer: replied 1 year ago.
Good morning Mr. Jones,I did proceed money claim already.Now I am facing the next problem. I got JSA and would like (need) to apply for Housing benefit, because obviously I can't survive only with it till find my next job. Could I present the Nanny/Housekeeper Agreement at the Council, as it determinate exactly where I live, since from, the address, and that is proof I am service occupier (housing is provided with my employment)?
I really appreciate your support in this difficult period.Thank you
Expert:  Ben Jones replied 1 year ago.
Hello I am afraid benefits is not my area of law - you are best advised to talk to the benefits people directly as they will be able to tell you what documents they can and can't accept
Customer: replied 1 year ago.
O'k. Thanks
Expert:  Ben Jones replied 1 year ago.
No problem

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