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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48783
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been involved with a employment tribunal, the county

Resolved Question:

I have been involved with a employment tribunal, the county court has said that I have won & my old employer must pay. The employer is now stated that award amount is not correct after I have tried to contact them constantly for 8 months.
I have a contract of employment which says the probation period is three months but now the are saying I didn't pass this but i was still working for two months after. The employer also verbally said that I had passed & had nothing to worry about. They also never paid tax, ni & didn't give me a termination letter or a P45
Where do I stand on this
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

So to confirm, you worked there for 5 months in total?

Customer: replied 1 year ago.
as an employee
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Hi sorry I tried to ask you earlier but could not get back on the site - hat is your claim for exactly and did you go through the tribunal and win and are now trying to enforce the tribunal judgment?

Customer: replied 1 year ago.
that is correct they are now stating that after 8 months of no communication even with ACAS that the figure is not correct
Expert:  Ben Jones replied 1 year ago.

If you have a formal judgment in your favour and the employer has not taken steps to formally appeal this, then the judgment would stand. They would only realistically be able to challenge it now if they can show that some new evidence had come about which was not available at the time and significantly changes the outcome of the judgment. It would be for a court to decide if that is a good enough reason to allow the submission of such late evidence and whether to change the original award. In the meantime you are able to continue with enforcement action against them and to pursue the money you are due.

There are four "traditional" methods of enforcing an outstanding judgment debt through the civil courts: writs and warrants of control, attachment of earnings orders, third party debt orders and charging orders. In addition, the court can appoint a receiver to collect money owed to a judgment debtor, in order to pay the judgment creditor.

You are free to try one or more of these options until you find one that succeeds and there isn’t an option which is necessarily better than the others as how suitable they are would depend entirely on the particular circumstance and the employer’s position.

This is your basic legal position. I have more detailed advice for you in terms of how to pursue each of these options, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you.

The Court’s official leaflet on your rights is here:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/ex328-eng.pdf

At the end of it you have the names of the leaflets for each possible option of enforcement and you can simply Google them by that name to download it.

Also, any party who fails to pay an employment tribunal award is added to the Register of Judgments, Orders and Fines once enforcement proceedings are brought against them in the county court. The Register at www.trustonline.org.uk can be searched by members of the public and credit reference agencies. The threat of registration therefore provides an incentive for employers to pay sums due in a timely manner.