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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6904
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I was working in that restaurant company for 1 year and 6

Resolved Question:

Hi, I was working in that restaurant company for 1 year and 6 months. I've been dismissed after an accident in the kitchen. I did the appeal and i won it. In the meanwhile is passed one month and half between the dismissal and the outcome of the appeal. Now they would to reintegrate me and they want to pay me the amount of the money and the holidays ONLY IF i come back to work to the company. Now i'm working in another restaurant and i cannot come back but i want back the money for that period because it's not my fault they did a mistake. how can i do for that? Thanks
Submitted: 11 months ago.
Category: Law
Expert:  Michael Holly replied 11 months ago.

Was this an internal appeal ?

How soon did you start working for the other restaurant after the dismissal?

Michael

Customer: replied 11 months ago.
it was the internal appeal. I started to work after one month and half, more or less
Expert:  Michael Holly replied 11 months ago.

By accepting your appeal they have admitted that they were wrong and in breach of your contract.

Accordingly they owe you the money you lost over that one month and a half as a result of their breach of contract and you can either sue them in court for it or take them to an Employment tribunal for Unlawful Deduction of Wages.

Threaten them with both

Best regards

Michael

Customer: replied 11 months ago.
Thanks. Is there Anthony i could do before to go to the tribunal or the court?
Customer: replied 11 months ago.
Anything
Expert:  Michael Holly replied 11 months ago.

Yes you write to them giving them ,say, 14 days to pay or you will go to the court/tribunal.

The HR dept should recognise the threat.

Michael

Customer: replied 11 months ago.
May I write by myself or I need a letter from a lawyer?
Expert:  Michael Holly replied 11 months ago.

You can write it, remember to keep a copy

Michael

Michael Holly and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Ok, that's perfect. Last question: do I need to send a paper mail or is it ok even an email?