ACAS process etc

[Mindyourbusiness007]

So I reported my employer to ACAS for short changing me ( I tried to resolve the issue with employer but they never acted).

I went on sick leave due to stress from work all related to short change of wages

ACAS contacted employer and I was informed via ACAS that they are willing to settle out of court and we are waiting for them but things are slow now due to Xmas holidays.

A few days later last week, I received a payment for all my unused holiday (I don't know why that's the case as my contract does not mention anything about unused holiday payment)

I am wondering if they want to fire me which will be unwise of them and my manager just responded to my email requesting that I wanted to get back to work early last month which was b4 ACAS contracted the company

Now I am wondering if I can go back to work while the ACAS issue is going on. I don't want going back to work to jeopardise the case because I don't know if I might still have to take the company to tribunal if we can't reach an agreement through the current process with ACAS

Sorry but this is all very unclear. What exactly was for claim? In law, there's no such thing as "short-changing" so we can't understand what you are saying.

It sounds as if the employer thinks you've resigned? Have you?

Oh, and how long have you worked there?

Thanks @Quveas
I am sorry I want not very clear

What I mean by short changing is that they were not paying me what I was due.
For instance, if u have worked 20 hours which is equals to £1000, I get paid say £700 and this happened several times and the firm wouldn't/refused to pay me the total money due even though I have raised the issue many times and it's caused me a lot of stress that I am on sick leave due to this issues hence I contacted ACAS to try to get what I am owed.

I started working with them since April 2022.

We are currently in mediation through ACAS and the mediator has spoken to them and we are waiting to hear back from the firm.

Now, I am thinking of going back to work but I am not sure if it's the right thing to do while I am still waiting to hear from them through the mediator and I don't know why they have paid me all my unused holidays.

Are you still signed off sick or not? Do you have a sick note when does/did that expire?

OK. So your claim is for money owed to you. It seesm od that they are repeatedly refusing to pay you properly, since this would be a straightforward claim - you prove they owe you the money and they lose.

I suspect it is moot whether you go back to work or not. What do you want to do? You can stay on the sick (provided your doctor gives you sick notes) until they sack you. Or you can say that you are going back to work and see what happenes, but I suspect you'll be sacked sooner or later anyway - you are a long way off having any employment protection. In law they cannot sack you because you made a claim. But they'll find another reason. A motivated employer can always find another reason. If they were going to be in any way reasonable about this, they'd have paid you. Assuming, of course, you are owed the money - I'm taking it that they do.

Whatever you decide, start looking for another job. I can't see this having a happy ending where you "kiss and make up".

Oh yes, I am looking for another job but while I am waiting to get one, I thought I might as well go back to work for now to keep me busy. My sick note expires end of January.

ACAS will have reopened after the holidays so perhaps you need to speak to them before coming to any decisions. You need to know what that "settlement" means, because it may mean you have no job.