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ACAS claim going to employment tribunal

1 reply

Charlieandthechocolatecake · 14/08/2020 00:27

I've reposted this here from AIBU.

Thank you @margaritime for your reply on my other thread!

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:
bashcrashfall · 15/08/2020 01:30

Citizens advice can't help with this (most branches don't actually give legal advice, they can just state and explain the law where it is clear), you need ACAS or a solicitor.

It might be worth trying to get a free half hour with a solicitor. For example it may be that if you incur solicitors fees you could add costs to your claim against the FE.

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