Employment Tribunal Advice Please!

[chinchi]

I was awarded 640 by an ET in February, as compensation as my previous employer failed to provide me with a contract/terms of employment.

We got the determination through mid-March, and it said that the respondent had until 29 April to pay the money, after which 8% interest would be added daily.

The woman from CAB who was my representative throught the whole case received a letter from the respondent today, asking if it would be ok for her to pay in 6 installments every 3 weeks.

OK, I should be grateful Im getting the money full stop, but she has had until now to ask us if this was ok. There has been no word from her in the past 5 weeks.

My main issue is that by doing this, she is paying the money on her terms, and would go beyond the period of no interest on the money.

Can anybody advise what I should accept from her? 8% interest a day on 640 isnt bad money at all, and I dont see why I should have to wait any longer when I first opened a tribunal against her last August.

If you say no to her she may not be in a financial position where she can give you the money all at once. To be honest, 8% per day is alot as it will add up. There is a posibility that she is unable to pay all at once and is trying to do the right thing by asking to pay in installments. It's just a thought though.
You need to decide what to accept, just be aware that if she can't pay you then you will get nothing! I've known some people declair themselves bankrupt rather then pay things like this.

It's all very well saying you don't see why you should wait any longer but if she feels she needs to pay this amount in instalments I imagine she will not be able to pay any other way, so you might be waiting an awful lot longer.

As avenanap says, many people go to all sort of lengths to avoid paying things like this at all, so actually it's good that she is prepared to pay it and has come up with a payment structure that she feels she can manage to ensure you get your money.

You could always go back with a counter-offer, such as payment in 6 installments every 3 weeks with interest added on at a suggested rate. Work out what the interest would be over the payment period and then add ti to the installments.

Thanks for the replies.

Maybe I sound bitter in my OP but she has had 5 weeks in which to contact us regarding this, and as a household with only one income, 640 is good money for us.

I would like interest to be added, so I agree with what Freckle says (thanks for the good idea)

Thankyou for the other replies

Agreeing a rate of interest is a good idea.

I don't think you sound bitter at all chinchi, I think you sound very understandably fed up at having to go through this palaver in the first place and after it's taken so long, still not having your money.

Irritating as it is, you need to find a balance that means you actually get your money and don't risk not getting it at all.

I know of what I speak, DH and I took a dodgy boiler company to the small claims court and won, were awarded a couple of grand which we never got, they vanished into thin air and we ended up having to write it off to 'experience'

Sorry to hear that fbb- swines that they are these days

Ive just worked it out that 8% interest a day is 51.20, and times that by the number of days that she'll be going over the agreed period, works out to be alot of money.

The woman from CAB suggested I take her to county court at a cost of 60, but I dont reall want to take it down that route as she has bothered to make some sort of contact about it.

My main bugbear is that she dismissed me when I was 5 months pregnant. Im still very bitter about that

blimey, dismissing you at 5 mo pg was a risky thing for her to do - was there no possibility you could have brought a sex discrimination claim as\well? I am assuming not if you've been taking advice but I think you're more than entitled to be bitter about that!

The tribunal was for both unfair dismissal and sex discrimination. Unfortunately it couldnt be proven that my pregnancy was the sole reason for my dismissal so she got away with them both. The judge did however instruct her to pay me the compensation as she failed to provide me with any type of written contract.

Ive had advice from CAB throughout the whole case, and had a representative join me at the tribunal too. Im waiting for her reply to see what she suggests regarding the installments.

I guess its a case of watch this space!

Shame you had to go through that and only got compensation awarded for the contract thing, that's tough

Do let us know what happens, it would be nice to hear that you've got at least the money you were awarded.

HI Chinchi

I am going through the same thing at the mo. The ET is on 9 June, as I was dismissed for taking time off to look after my dd and I'm preggers with dd2! Also I never got a contract of employment. By the time 9 june roles by I'll be 9 months preggers.

I worked for a law firm, if they an do it anyone can dismiss you! Can i get a rep from CAB then? I was just going to rep myself.

I was going to say how weird to find someone else going through the same thing, but I am finding more and more of stories like ours.

I would ask your rep from CAB what she thinks you should do. Why does you ex-employer want to pay by installments has she not put you through enough already. You were strong enough to take her to tribunal in the first place. Remember your ex-employer would have laughed in your face given half the chance, she let it go all the way to ET in the first place, hold your ground x

Sorry to hear you are going through the same thing Sketchi. I certainly advise getting a rep from CAB. It was my rep who brought to attention that fact that I had no contract.

Let us know how you get on! x

Before deciding whether to let your ex-employer pay by instalments, you need to look at why she is asking. Is it a very small company? Is she likely to have cash-flow problems? If not, why should she use you like a bank? She could get a bank loan to fund that amount. It's not enormous and I suspect the interest rate would be a lot lower than 8% per day.

She is a sub-post mistress of a busy village post office.

Thanks for the reply Freckle. Youre right- why should she use me like a bank!

Shouldn't she be claiming for this off her insurance?

Ah yes, worth a thought aveanap. Thanks for that Ill let CAB know

8% per day - isn't that extortion? I realise that that amount is supposed to provide a huge incentive to cough up but it's a disgusting penalty.

It would be much cheaper for her to take out a loan with some dodgy loan shark (or preferably an overdraft from a legit org or a small loan from a credit union) than to be penalised at 8% per day.

Hope you get your money ASAP.

Actually are you sure you heard correctly that it was 8% per day? Interest can be claimed on monies owed at the rate of 8% per annum in the County Court. It would seem odd that an employment tribunal would deviate from what the courts allow.

That's what I was thinking Freckle - Late Payment Penalties stuff for when small businesses don't settle invoices/debts on time.

I beg your pardon It is 8% per annum. I knew there was a reason why Im blonde

Thanks Chinchi. Luckily I came acrossyour message otherwise I wouldn't have known I could try and get a rep. Have tried calling CAB already, but they're very busy so will keep trying.

Wish me luck!