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Joshua, Lawyer
Category: Law
Satisfied Customers: 31705
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I want to ask whether an employment tribunal or a small

Customer Question

I want to ask whether an employment tribunal or a small claims court are best to recover money from an employer who has not paid my April salary
Submitted: 14 days ago.
Category: Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 14 days ago.

I'm very sorry to read of the above. May I confirm that you are employed as opposed to self-employed please?

Customer: replied 14 days ago.
I was employed during April by this employer but finished with them at the end of April and have now set up my own business
Customer: replied 14 days ago.
I was a full time employee of theirs for around 10 months
Customer: replied 14 days ago.
In addition to not paying over my salary they have also not paid over pension contributions and are under investigation by the pensions regulator
Expert:  Joshua replied 14 days ago.

thank you. In circumstances such as this, you can elect either to issue proceedings in the County Court or at the employment tribunal. You will need to be mindful of limitation periods which are three months for an employment tribunal whereas it is a much longer six year period for the County Court.

If you run over the three-month limitation period which obviously you have not done so as things stand, then the choice in this sense is made for you but within that initial three-month period, you can choose one or the other as you prefer

Customer: replied 14 days ago.
Is it worth also looking at small claims court as a means of recovering the money
Expert:  Joshua replied 14 days ago.

in circumstances such as this, there is unlikely to be a obvious advantage or disadvantage to either approach. Issues which may influence your decision would be that in the Small Claims Court you would need to prove breach of contract on the part of your employer whereas in an employment tribunal, you can claim on the basis of unlawful deduction of wages which generally is easier to prove though in either case, I assume you have little difficulty showing that you are owed the wages and your contract and as such, this is probably not something that would be a practical issue.

In the small claims court, there is an option for the employer to make a counterclaim against you if they can show for example that you have breached your contract wears in the employment tribunal, this is not possible.

Generally, claims before an employment tribunal will be perhaps a little more straightforward than those in the small claims court though one can hardly category small claims as being particularly difficult to pursue.

the small claims approach allows you to access the free small claims mediation service before proceeding to a hearing to see if the matter can be settled. If you think there is scope for the matter to be settled through mediation, then this can be a speedier resolution than either Small Claims Court or employment tribunal.

Expert:  Joshua replied 13 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 12 days ago.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 12 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.