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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 2229
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I am currently taking my employer to court. I am arguing

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Hi there, I am currently taking my employer to court. I am arguing breach for failure to include all the time a worker is working. This is because my fixed term contract stated I was contracted to work until 8.30pm but the n
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: sorry i pressed return to quickily...
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: the manager and secretary claim i should wait till clients leave the premises and also the staff members need time to change (IE swimming instructors) I was the receptionist and responsible for locking up. I was never paid for the extra time i had to stay. Please can you tell me if they are breaking a law, such as breach of minimum wage legilsation or any other breach
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They say my employment was terminated but they suspended me previously to this, I am claiming wrongful dismal as well as many other breaches.

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Thank you

Thank you for your enquiry. If you are claiming for wrongful dismissal this is in relation to your employment contract and the payments (such as notice holiday and salary) which a have not correctly been paid to you. If you are making a claim for unfair dismissal this will be to determine if you dismal was justified or not and is different from wrongful dismissal but you can claim for both at the same time. If you can show that the reasons for your dismissal were not justified or done incorrectly then you can win a claim for unfair dismissal. If they have not satisfied your contract in terms of payments and they owe you (or they breached the contract during employment) then you can win a claim for wrongful dismissal. It would be worth seeking representation as there are other (what are referred to as) heads of claim which you can apply for such as loss of statutory rights etc. It is important to note that to bring a claim for unfair dismissal you have to have 24 months employment with the employer and will have to file the claim within 3 months of the dismissal. Alternatively you can seek help from your local citizens advice who can provide some basic advice in relation to your claim.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Many Thanks

Customer: replied 7 days ago.
Thanks for the info. I was employed for under two years - hence claim for wrongful dismissal. What I want to know is the act of law they have broken for expecting me to stay later than my contracted hours, ie because I had to cash up/lock up and wait for clients and staff members to leave. I was not paid for this extra time. What reach would I call this please? ie some sort of breach of minimum wage legislation, HMRC rules or any other breach, such as duty of care... Thanks

Thank you for the information. There is no specific law which has been broken, what you are arguing is a breach of contract, so if you were only contracted to stay till 8:30 then you will be looking to say that they have breached your contract by making you do additional times (outwit your contractual agreement). It is simply a fundamental breach of contract. You will be able to claim for up to two years of unpaid wages. You will have to calculate this out. The judge will not be looking for a specific part of legislation that that has been breached i.e. Equality Act, (however unlawful deduction of wages is a breach of the Employment Rights Act 1996) but the judge will want to know the reasons you believe the contractual agreement to have been breached. Don't worry too much if you don't understand the specific legislation etc. breach of contract issues are more about the issues surrounding the events which you are claiming for and if they amount to a breach of the contract.

Customer: replied 7 days ago.
Thanks very much for that. I am unable to calculate as the respondent has not provided me with timesheets despite having submitted subject access requests in jan/feb 2020 effectively breaking GDPR law. What would I call this breach please?

Just ask the judge for the respondent to supply these to you and they can make order for the respondent to supply these to you or they can get a fine if they don't follow the court orders. You will also want to tell the judge that you have asked them to supply this already.

Ross Miller and 4 other Employment Law Specialists are ready to help you
Customer: replied 7 days ago.
OK thank you. Do i need to provide evidence with the court order showing that i have previously requested this, or do i wait until i submit my evidence for the court hearing? Also, I am writing my remedy at present and want to state what breach this is under employment law, as well as data protection law. Please could you tell me if there is a correct term to use for failing to supply me with the data I had requested? Many thanks