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Ben Jones
Ben Jones, UK Lawyer
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Hello, I have opened the Employment tribunal claim against

Customer Question

Hello,

I have opened the Employment tribunal claim against my Employer. Recently I have received the response which was accepted by the tribunal. My name is XXXXX XXXXX Can the Tribunal accept the response with the name spelled wrong. Then the response does not have any logical explanation at all.
As the claim is opened because of constructive dismissal, minimum wages underpayment and holiday entitlement. I have provided the copy of the payslip which clearly shows that I was paid 145.00£ a week for 24 hours of work an 15.00£ a week tips. This comes to 6.04£ an hour. The response states that when I was employed I was provided with letter, which clearly says that I am working 24 hours a week and I am getting 160.00£ salary, so it comes to 6.66£ an hours which is even more than National Minimum Wages. So according to this response, they clearly state, that they were not paying me what was agreed as I was getting 145.00£ salary for 24 hours and the rest was tips.
Secondly, I was working for the company from 15/08/2009 and the employment on papers done from 13/12/2009. I was not given any papers to sign in between this period. I did not get any payslips. The response says, that is was trial period for me, so that's why they did not give me any papers. Does the Employment Law allow to employ people without any written statement even when you work for a trial period?
Then, they state, that I was given a contract on 13/12/2009 which I have never returned. But real story is, that I was given a contract which I refused to sign because everything what was written in it was against the law. And when I returned it not signed, the employer dismissed me from work straight away. I had to register with the Job Centre and I have the papers that for one week I was at the Job Centre. After a week, the employer took me back and I was promised to get new contract, which was never given. Unfortunate, the response does not say that.
Similar story is and with mu Annual holiday entitlement.
Can such a response be accepted and what should I do?
Brigita
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

The fact that the employer has spelled your name wrong in the response will not itself make the response invalid and this is just a simple administrative error, which would be resolved by you pointing out the correct spelling and the tribunal will then amend that if necessary.

The trial period itself will not really be a separate legal period of employment and you would still need to be issued with a written statement of employment particulars within 2 months of you starting to work there. The law requires an employer to issues employees that have been working there for more than a month with a written statement of employment particulars, with these being provided within 2 months of the start of their work.

In any event, the response can be accepted whatever it says, this is just the employer's response to your claim and they are free to claim anything they want in it - that is their right. The important part will come when this proceeds to a hearing in the tribunal when the tribunal and you will have the chance to challenge the response, ask witnesses to appear and cross examine them if necessary.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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