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Thank you for the question. If you are of the position that you are still employed but they have stated that you left on a voluntary basis, but this is not the case, you need to raise a grievance ask them to prove this by way of evidence. If they cannot then it may be a claim for discrimination.
What you require to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.
I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;
If you require any help moving forward on this matter in the future, please do feel free to come back to us and I would be more than happy to assist.
This wouldn't really constitute a fraud, however it can be used in evidence. You only have 3 months from the date of the event to make a claim. Therefore, I would strongly advise raising early conciliation with Acas, you could then potentially look at a claim for discrimination.
If you feel it would help I can offer a review via my own company, please note this would not be in anyway associated with Just Answer and any work done would be on a private basis.
I get what you are saying and technically it is a fraud, but given that it is an employment dispute, the police are not likely to become involved.
It would be the date you reasonably became aware of this, which would be September, they may try to argue it was the July so I would move very quickly. When you start conciliation the time frame "pauses"
They would have to take court action to enforce a payment. There may be repercussions for the falsification of documents but that would be through the employer.
That would form part of your claim. They are of the opinion you are not employed so do not requirer to pay you.
Yes I understand, but you will have to legally enforce this.
You will require to qualify your claim.
In order to make that determination the case would require to be assessed in full I am afraid.