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AIBU?

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ACAS Deadline passed - help!

1 reply

Charlieandthechocolatecake · 10/08/2020 21:53

I'm representing my mum in her claim against her former employer. I've made a previous thread about this.

I agreed to the ACAS Early Conciliation deadline being extended as mums former employer was on holiday.

FE (Former employer) has asked for us to settle for notice pay and redundancy pay for 2 years service.

Mum did not find out she was going to be made redundant until 3 years had passed. FE hand posted the letter which was dated 3 weeks before. The letter states mum was made redundant mid-March despite her working after this date. we have proof.

Mum never received payslips throughout her employment and I requested these in order to compare them to what she was actually paid. They were sent on Friday and the ACAS deadline was Sunday. This didn't give me enough time to work out what mum was owed. All I could do was reply asking to settle for notice pay and redundancy pay based on 3 years.

I didn't hear back and I automatically received the certificate on Sunday.

FE had 3 weeks+ to come up with the payslips.

Now that this going to an employment tribunal would I be unreasonable to also claim for unfair redundancy, not receiving regular payslips and loss of statutory rights? mums in her 50's.

I've tried my best to seek legal advice from Citizens advice and ACAS but they're limited in what advice they can offer.

I feel like I've let FE have too much sway because she already has legal representation.

OP posts:
Margaritatime · 10/08/2020 22:19

OP add them to the claim.
Make sure you have a clear time line from when your Mum started work to now.
Put the evidence against each date e.g. started work xx date - evidence
contract received xx date or in your Mums case not received,
Date your Mum last worked - evidence.
Do this right through to the Employment Tribunal e.g ACAS mediation requested pay slips xxx date received xxx date.
Make sure you go onto HMRC website and check your Mum’s NI record as this will be evidence of whether or not they paid over NI they deducted.

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