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Filing employment tribunal claim/term-time worker as a part-time worker

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Jobless123 Mon 01-Jun-15 17:23:52

I have made a claim for just over £2,000 from my ex-employers. This is comprised of £400 for unlawful deduction from wages, and the rest for less favourable treatment of a part-time worker.

The unfavourable treatment of a part-time worker is basically on the basis that I was employed on a 36-week-per-year contract, starting from September each year, however exactly when I would work wasn't really clear from the contract, but by the time I had ended my employment at the end of April, I had worked the same number of days as a full-time (46-week) worker would have done, but given my hourly rate of pay (specified in the contract, although my actual wages were paid monthly, based on an equal amount each month), I had received substantially less pay than someone working every week of the year (minus holidays!) would have done.

We have been through conciliation with ACAS, and the company has conceded the unlawful deduction, but they dispute that I was a part-time worker within the meaning of the Regulations and don't want to pay the rest.

They are a large outsourcing company, just wondering if I should go ahead and file the claim (£250 - not really a concern), or anything more to do first?

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