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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63493
Experience:  Qualified Solicitor
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I am a small home care company and a previous employee is

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Hi , I am a small home care company and a previous employee is taking me to an employment tribunal as she is saying that I owe her money for extra hours that she worked. We have an electronic system that staff log into and shows hours. Having looked at these she actually worked less than she should have and took extra annual leave. I requested that she send me evidence of the extra hours that she believes she worked and she did not. ACAS after reviewing. my evidence advised her that she had no case as she left without notice also, but she is continuing with the tribunal hearing in just over a week. Do you have any advice for me please?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have discussed it with a Lawyer and that said that she doesn't have a case and would be unwise for her to take it to a tribunal
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am the employer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that's it thanks

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long had she worked there for and when did she leave? Also, what is your specific question in relation to this please?

Customer: replied 17 days ago.
She worked for me for 12 weeks, and was in her probation period. I had a meeting with her to say that she was not suitable for the position and I gave her a weeks notice as per her contract. I am asking, if she can claim £1500 (as she is) without any evidence of why she is claiming that ?

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. I cannot comment on the strengths of her case, be it the strengths of her taking it further or yours for defending it. That is because you need to have a formal case analysis conducted to get that, which we cannot do online as we are just a chat service.

 

However, if you believe that she has no claim to bring forward you can highlight the deficiencies of this to the Employment Tribunal and ask them to strike the claim out for having no reasonable prospects of success. If that does not happen, you should seek to issue a costs warning, where you basically warn the claimant that due to the claim not having reasonable prospects of success, if she was to continue with it and then lose, she would be liable for your costs going forward (something which would not ordinarily happen as each side pays their own costs in the Employment Tribunal). Hopefully this will eventually put her off from proceeding further.

 

Does this answer your query?

Customer: replied 17 days ago.
Hi, Thank you so much for that advice. I will reply with that statement and see what happens. Many thanks again for your help.
Kind regards

Samantha

All the best

 

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