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ChrisB4147
ChrisB4147,
Category: Employment Law
Satisfied Customers: 104
Experience:  Expert
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I am busy preparing for an employment tribunal case and the

Customer Question

Hi....I am busy preparing for an employment tribunal case and the other side has a solicitor and I do not. I need some advice please. I am fighting for wages and expenses not being paid. He is trying too counter claim for non returning of company documentation and has also informed him that I am with holding employment contracts (something that I was never party to and is a complete lie). I have received a letter from his solicitor and do not really understand the contents. This is now way over my head. Please can you assist. Kind regards *****: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have sent the letter to a family member who works in HR but I do not have the funds to employ a solicitor. I no longer work for the company and have been trying to get my monies since October of last year. Please also bear in mind that the company is based in Spain and he is also on his third solicitor
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I have gone through ACAS and am now going t tribunal
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dont think so except that the respondants solicitor is quoting various sections of the law...do you wish to cut and paste this for you?
Submitted: 5 days ago.
Category: Employment Law
Customer: replied 5 days ago.
File attached (2V5P65Z)
Customer: replied 5 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 5 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ChrisB4147 replied 5 days ago.

Hi, thanks for the question.  I’m Chris and I’m a Solicitor. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

I note you would like a phone call to discuss. I can do tomorrow morning. However, if you would like a phone call sooner, I can release the question to see if a colleague can pick this up.

Customer: replied 5 days ago.
Hi Chris....Thank you for your email...tomorrow would be fine for a call and should you need any further information, please do not hesitate to contact me.....Kind regards.....Zuzanna
Expert:  ChrisB4147 replied 5 days ago.

Thanks Zuzanna. Around 11am will work for me.

Customer: replied 5 days ago.
Hi Chris...11am would be good for me also. Speak tomorrow
Expert:  ChrisB4147 replied 5 days ago.

If you are ready for the call, could you request the call from your end and then I'll accept my end.  That way, I will recevie your telephone number.  Thanks.

Customer: replied 5 days ago.
Make it 11 please thank you
Expert:  ChrisB4147 replied 5 days ago.

That's fine, I shall wait for your call request.

Customer: replied 5 days ago.
ot mail will surfice
Expert:  ChrisB4147 replied 5 days ago.

Thanks, ***** ***** call is a premium service, so you will need to request it as such.  You can do that from your end.  If you can't, please let me know and I will make arrangements this end.

Customer: replied 5 days ago.
Do not have the spare cash so email will suffice
Expert:  ChrisB4147 replied 5 days ago.

No problem.  What is the exact question you have for me so that I can assist?

Customer: replied 5 days ago.
Cannot pay 44 pounds
Expert:  ChrisB4147 replied 5 days ago.

That's fine.  If you wish to expand on the question that I can assist with, I can continue on this email service.

Customer: replied 5 days ago.
Will do this shortly as not near a computer
Customer: replied 5 days ago.
Hi Chris....I do wish to expend further on the question given. I will give you the short version of events. I worked for this Spanish chap for a period of 2 months without any pay or payment of expenses incurred for the company. I left their employment mid October last year and immediately started proceedings to recover monies due . He did in fact eventually pay 1 months salary after 3 months of leaving his employ after numerous requests, however the other months salary together with expenses incurred on behalf of the company are still outstanding. My reasons for leaving the company were a list of broken promises, together with non payment of salary and expenses. This case is now being dealt with by Employment Tribunal and have also tried to resolve this through ACAS respectively. I started these proceedings with their first lawyer who I believe dropped the case, and then a second lawyer came on board who attended a preliminary hearing back in February. The second solicitor who has also dropped the case. During this time the Judge and given the second solicitor extra time to analyze the counter claim and try and resolve the matter out of court with the assistance of ACAS. He has now employed a third lawyer that I am now dealing with after he was issued with an receiving an Unless Order. With the second lawyer I had accepted an offer to close the matter, but was requesting that a clause be put in that he would drop all counter claims against myself. This he did not agree with, and so we continue. I have attached a letter from the third solicitor claiming that I have employment contracts, time sheets, contractor invoices and invoices and had cost the company by making mistakes to the tune of £34,000 on my person and did not hand them over to the company on leaving. All untrue and not the case at all. May I add that out of all the people on the attached letter that only myself, Andrew Webber and Nick Jeys had contracts and that these were either dealt with by the respondent or his wife. I have sent two attachments. One is the letter from the solicitor and the other is my reply to his email. ......Kind regards *****
Expert:  ChrisB4147 replied 5 days ago.

I am very sorry to hear all of this.  The counter claim is exceptional and undoubtedly will be more than the two months wages and expenses you are claiming? This should be a matter which settles, but clearly isn't going to.  Therefore, the judge is going to have to rule on any findings as to whether you have made mistakes and whether that should be part of their counterclaim.  As the process is already underway, you can't stop it unless there is a settlement or a determination by the court.

What is it that you wish me to asnwer in relation to this situation?

Customer: replied 5 days ago.
Hi Chris...what I would want to know whether they can still continue with a counter claim once it has been discounted by the Judge? I am sitting here with a contrived counter claim stating that I have cost the company money. What I am trying to find out whether in your opinion this letter is just another one of the respondents bully tactics? Would I be able to get Legal Aid in order to employ a Solicitor. To be quite honest this does really frighten me that I could end up with debt that I can ill afford to pay.
Expert:  ChrisB4147 replied 4 days ago.

Unfortunately, you can’t get legal aid for employment matter. I can understand how it’s quite difficult with regards ***** ***** of money that they are seeking. I cannot necessarily see that all this would equate to the amount of money. If there is a discontinuance of their counterclaim, your claim still continues forward.

Customer: replied 4 days ago.
They mention a costs order should I decide to continue with the claim. Can they apply for this through the Tribunal? Can they still continue with their claim outside the Tribunal through the Civil Courts?
Expert:  ChrisB4147 replied 4 days ago.

Normally, there are no costs in an employment tribunal.  However, if the tribunal believe that one party has brought a claim unnecessarily or there is misconduct in litigation they can order costs.  I am not sure if that it applicable here really.  Yes, this could be a claim they bring through the civil courts.

Expert:  ChrisB4147 replied 4 days ago.

I hope that I have answered your questions? Simply reply back if you require additional information and I will be happy to help with any follow up questions.  Thank you and I wish you all the best and hope the matter gets resolved.

Customer: replied 4 days ago.
Thank you Chris...should I have any further questions throughout the day I am sure I will get back to you...KR Zuzanna
Expert:  ChrisB4147 replied 4 days ago.

Thanks.