Should I take them to tribunal.

[Nameynameychangey1234555554544]

Being a little vague and namechanged as someome may recognise me from this.

I started work with my employer in June 2017.

Earlier this year I was asked to do something at work that was professionally unethical and refused and since then things with my employer (small company) haven't been great. In October I verbally expressed that I was intending to leave citing childcare issues rather than have an uncomfortable conversation. Nothing in writing, no finish date and if I'm honest he did not try very hard to replace me.

In january I got a text out of the blue asking me not to come in and to return my work keys, i did this. I text my boss asking what that was about as not hired new person and they will need training etc to be told that some 'irregularities' had been found in some work I had done and he was going to have someone look into it.

No further info was given, no way to confirm or deny what the apparent issue with my work was.

I left it there as to be honest I couldn't be arsed to deal with him and wanted to leave anyway.

However we are now in April, i got a text at 10pm last night saying he had finished his investigation and 1 piece of work was done iorrectly costing the company £300 and demanding to know how I was intending to put this right?!

Still no detail. I've not had a letter or anything regarding a disciplinary or investigation, i haven't been paid any money, i have not been sent a P45... my online tax account still shows me as employed by them with them just submitting £0 each month.

I don't know where i stand but surely this isn't the correct way to go about things, if I did something wrong I'm happy to hold my hands up but how do I know what I've done wrong? How can I confirm this?! Surely there shoukd have been a suspension or disciplinary hearing or something?

I was ranting about it to a friend of mine earlier who said I should take him to a tribunal but surely they would not care as I was leaving anyway.

I left it there as to be honest I couldn't be arsed to deal with him and wanted to leave anyway.

You mean you quit? If you did then you are out of time for a tribunal. If you didn't, why haven't you pursued where your pay is?

If you have left then I'd probably just ignore the letter. It's sounds like a fishing expedition.

I did not quit. I had the 1st text regarding irregularities and i returned the text asking for informstion regarding what the issue was but had no reply, i didn't chase him as i had a lot going on at home with disabled DS and school issues and then corona reared its head so i just.let it go though am owed 2 days for days worked in jan.

I have not.been processed as a leaver and have jot had a p45 so am still technically employed by them

Have you been working since October?

Speak to a solicitor. You need specialist employment advice

Based on what you say I would say you do definitely have a case. You have not yet been dismissed so the time limit issue is fine. I would talk to a solicitor so you can give them all the ins and outs and they can advise on how best to proceed, and the extent of any unfair dismissal/unlawful deductions from wages claims.

I worked october till jan while he was apparently trying to find a replacement but there should have been a handover period of at least a month after he found someone.

I have legal cover with my home insurance so might give them a call..
He is the sort to be spiteful though he never forgave me for not doing aforementioned unethical and illegal activity

What would you actually claim for from a tribunal? You haven’t done any work, he hasn’t paid you. Whether or not you’re still an employee is a matter for debate, but arguably you have already resigned.

It’s a bit of a mess but I don’t see any claim from the facts you’ve given.

”What would you actually claim for from a tribunal? You haven’t done any work, he hasn’t paid you.”

It’s entirely likely the OP’s contract doesn’t entitle her employer to suddenly stop providing her with work. If not, and she was ready and willing to work, she should have been paid in full, and this would be an unlawful deduction.

If they have dismissed her or think they have, potentially unfair dismissal. If they think she is still employee and the OP’s account of events is accurate, potentially constructive dismissal. Quite possibly breach of contract.

Why didn't you raise this in January when they told you not to come in?

So you were suspended without pay in January then properly let go in April on conclusion of the investigation? Did they put this in writing? Have their been ongoing comms throughout?

Have you been working elsewhere?

You could potentially have grounds for an unfair dismissal claim but it seems like you've been happy not to work and not be paid.... you did say you wanted to leave anyway?

If you have been working elsewhere you'd be unlikely to get anywhere with this to be honest.

(I have CIPD level 7)

I did raise it with him in my reply to his message but got not reply and basically presumed I had been sacked. However i am apparently still employed by them, with no pay or p45.

I've had no paperwork from them, heard literally nothing until the random text the other day

No I have not worked since, it is hard to find a part time job that fits around kids schools and obviously noone is hiring now anyway.

Yes i wanted to leave but knew once he found a new member of staff there would be a 1 month handover period and I would have started looking for a job as soon as he found someone.

What a mess... what do you think the response would be if you asked for a face to face meeting? Obviously on zoom or whatever.

I worked october till jan while he was apparently trying to find a replacement but there should have been a handover period of at least a month after he found someone

As such, you have agreed you were working your notice period. A handover period isn't any of your concern at all. When your notice period has ended that's up to them to deal with.

Not having your P45 is a bit of an issue - I would just ask them to send it.

It all sound a bit of a mess but I don't think you really have a leg to stand on. I wouldn't however pay the money they are looking for.