Made redundant without notice. No holiday pay, no notice pay, no redundancy pay

[Charlieandthechocolatecake]

I have made a previous thread about this.

www.mumsnet.com/Talk/am_i_being_unreasonable/3949848-Employer-closed-at-shutdown-and-reopened-at-a-different-location

I received some brilliant advice.

I'm now at the stage where I have passed on my mum's previous employer info as well as a breakdown of what we believe she is entitled to.

The nutshell is in the title. I was advised to seek advice from CAB but it's impossible to get hold of anybody sonar this stage we've asked for what's in the title.

That said, mum has never had a contract or payslips throughout her employment. She has paid tax and NI and has P60s as well as a P45.

My AIBU is, am I being unreasonable to think that if mum can't provide absolute proof of what she's owed, if it gets to the employment tribunal stage, she won't have a leg to stand on?

Without payslips or a contract, she can't prove she hasn't been paid annual leave. All she has is 100's of texts between her and her employer.

Ines feeling confident until I read that if it goes to an employment tribunal, mum might have to bear the costs if she loses.

I'm not sure whether we should nip it in the bud or not?

here was a contract. It just wasn't written down.

It appears that her employer is guilty of multiple breaches of the law. They must provide payslips. They must pay annual leave. They cannot dismiss her unfairly. They must pay her notice. If this is a redundancy they must pay her redundancy pay. This sounds more like unfair dismissal than a redundancy.

Your mother does not need absolute proof. This would not be a criminal trial. All she needs is proof on the balance of probabilities. You say she has bank statements showing regular payments, P60s and a P45. That sounds like adequate proof of what she was being paid, from which it should be possible to work out how much she is owed. But I think it goes beyond that. As I say, this sounds like an unfair dismissal rather than a redundancy, so compensation will cover a lot more than the money that is owing to her.

It is unlikely that your mother would have to pay the other sides costs if she loses provided she has followed the correct process to make her claim. She is only likely to be ordered costs if the judge thinks she has lied or misled the tribunal or that she hasn't co-operated at every stage.

She needs to see a lawyer who specialises in employment law. She should also check to see if her home insurance includes legal cover.

An initial conversation will be worth the cost with an employment lawyer . However if there just isn't any money for that an application to the Employment Tribunal does not cost anything. There is a tiny chance you could be asked to cover the employers costs if you are found to have lied, deliberately mislead or not cooperated with the process . I have attended over 20 tribunals as a TU rep and have never had this occur .

It sounds from what you have said that your mum definitely has a case to answer. The form you need is an ET1.