How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50160
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

FAO Ben Jones If my employer pays me my outstanding contractual

This answer was rated:

FAO Ben Jones
If my employer pays me my outstanding contractual holiday pay for years ending 2013 and 2014 after the court hearing, can I then apply to the employment tribunal within 3 months of their (still) underpayment for a commission element of that pay, or is the deadline for applying to a tribunal within 3 months of their original underpayment? I understand that as I worked in sales, I am entitled to a commission element of holiday pay.
Also, please could you anser the general question - if the employer is in breach of their contract, they cannot rely on it?
Thank you for your assistance.
Hello, the deadline is from the original underpayment but that short deadline is just in the tribunal. In the small claims court the time limit is 6 years so you have a much longer window within which to claim and can make the claim there instead. As to the breach of contract, yes, if an employer has breached their contract and you argue that the whole contract has now become void, they should not be allowed to rely on its terms any longer. 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
Ben Jones and other Employment Law Specialists are ready to help you