Hi Angels, No worries about hijacking this thread. All help is relevant. Someone may come along and respond to your question in due course. bf x

Hi Robman, I am going through a similar situation as you. You could get in contact with ACAS who will initiate early conciliation before you might have to start Employment Tribunal proceedings. Read up on these articles below. http://www.acas.org.uk/index.aspx?articleid=5353 http://www.acas.org.uk/index.aspx?articleid=1670 http://www.acas.org.uk/index.aspx?articleid=2179 But you must raise a grievance before you follow the above two steps. If raising the grievance doesn't work then ACAS will start the early conciliation steps. This will involve liaising with your employer to see if they would be willing to make an offer of settlement rather than taking it all the way to the Tribunal. It is important to follow the above stages because if you do have to go to the Tribunal you will need to show you had followed the ACAS Code of Practice. This applies to both you and your employer. If you didn't follow the Code then the Tribunal could potentially reduce your settlement by up to 25%. Same the other way, as the Tribunal could increase your settlement by this amount if your employer breaches the Code. I only know this because I have had to follow all these steps myself. bf x

Emmzi, Thank you for the above link but however, the link doesn't work? it is saying page can't be found. Have you got the correct address? bf x

When I said 'hundreds and hundreds of pages' I didn't actually mean that literally. Even though I have to produce a small bundle which is still quite significant in terms of costs by printing them all out on my home computer, this will still all add up in respect of using paper and ink etc. When you are not working this makes a huge difference. Given it was the employer who put me in this situation, all I wanted to ask was there anyway I could keep the costs down. To be honest, I think all the documents I need to produce are relevant because it will demonstrate to the tribunal a true picture of my case. But after reading Sangie's post I will certainly be asking the employer to produce all the other sheets relating to their/my bundles. For example I have wage slips, the particulars of claim, schedule of losses, time sheets,email exchanges etc. Not forgetting to add their responses/bundle etc. I have since been informed that I can add these extra costs to my schedule of losses which is all well and good but this doesn't help me now when I really need it. bf x

When I said 'hundreds and hundreds of pages' I didn't actually mean that literally. Even though I have to produce a small bundle which is still quite significant in terms of costs by printing them all out on my home computer, this will still all add up in respect of using paper and ink etc. When you are not working this makes a huge difference. Given it was the employer who put me in this situation, all I wanted to ask was there anyway I could keep the costs down. To be honest, I think all the documents I need to produce are relevant because it will demonstrate to the tribunal a true picture of my case. But after reading Sangie's post I will certainly be asking the employer to produce all the other sheets relating to their/my bundles. For example I have wage slips, the particulars of claim/witness statement, schedule of losses, time sheets,email exchanges etc. Not forgetting to add their responses/bundle etc. I have since been informed that I can add these extra costs to my schedule of losses which is all well and good but this doesn't help me now when I really need it. bf x

Emmzi, Funnily enough, this is what I have been doing the whole weekend. For the moment I have been organising my bundle into document folders and saving them to docs. The problem will be is when it is time to print them all. I have hundreds and hundreds of pages which will cost me a small fortune in ink and paper. I have time sheets, wage slips, email exchanges etc and everything else that goes with the claim. There is a lot of paperwork. Do I honestly have to print every single sheet to take to the tribunal? Given my employer didn't pay me for the month of July and am not working at the moment I can't afford this extra cost. Has anyone got any ideas of how to keep the cost down? I think I will need to print everything as this is all relevant to my claim. Any ideas would be great. BF x

Sangie, Thank you for taking the time to type what you have posted above. I totally understand where you are coming from with everything you have said. I just decided to jump in with two feet in my defence when I previously posted. I have just replied to Emmzi explaining why. I did not mean for my post to be directed solely against her and I apologised if she thought that. I value her advice and all the other advice I have been given from other posters.. I don't think I am angry with the world. I am only angry with my ex employer because he feels he can get away with what he has done. I just wanted to show that I have the proof that is needed to prove my case. I will certainly take Emmzi's advice if he wants to settle before the tribunal but I really don't think he will. Anyway, I will come back and post if I hear anything more before the tribunal. BF x

Emmzi, I have just this minute logged on and seen your above reply. I just wanted to clarify that I wasn't really directing my frustration at you. It is the employer and the circumstances that I am in that I am angry with. I do appreciate all the valuable advice you are giving me and I do respect that you have more knowledge than me in regards to employment law. I was only just trying to demonstrate that I have all the relevant documentation to show the facts of my case. I think I was just upset when you said it was all hearsay. However, I understand that I have to wait until the tribunal and I am glad that I have now got a date for that. I was really hoping that the employer would try and least make an offer of settlement but it just goes to show how much he thinks he isn't doing anything wrong. And I really don't think he will settle before the tribunal either. I won't hold my breath! Once again, I didn't mean for my previous post to be perceived as a rant against you. It really wasn't and I apologise if you thought that it was. bf x

Just received an email notification from the tribunal service -date set for December 2017. bf x

Emmzzi, I am very sorry but I have to disagree with your above comment. I am not quite sure how you can say that it is 'currently hearsay' and it is 'not fact' until my case has been to court. Are we on the same page because you obviously have not read this whole thread properly. 1.It is fact that my previous employer did not pay me statutory holiday or provide me with statutory annual leave as quite clearly shown on all my wage slips and my bank account. 2. It is fact that he also did not pay me one weeks wages as shown on my bank account. 3. It is fact that the taxi company did not provide me adequate rests and breaks as demonstrated on the text exchanges on my Whatsapp. I obviously need to provide this proof in order to show it is fact before going to court and to even file a case to the employment tribunal in the first place. I was advised by ACAS to do this. I am aware that there is a 'proper legal process in place' as I am the person who initiated that process in the first place. As I have already explained I have emailed their council with all the details and evidence of my case and all I want them to do is investigate using my evidence that I have already shown them. My recent questions were about whether there was an authority who regulates these taxi companies. Given the borough council issues their licence to operate they must have some power to investigate now rather than later based on what I have given them. I have a long time to wait for the ET and it is not just about me. There are other work colleagues who are in the same boat as they have been repeatedly lied to like I was. I am helping them too. (Some of them have been working for the company for 5 to 6 years not knowing they are being lied to. I was only with the company for 14 months before I started asking questions and this is where I am now). However, I am the one who has made those complaints against the company and was dismissed because of that. All the while they are on the right side of the company and being loyal and not ruffling any feathers then they are safe for now until it will be their turn at some point to make those same complaints. In fact, I did have two new work colleagues who said they would support me but I know their loyalties are divided. If they are happy with being lied to at the moment and need to keep their new jobs that's understandable. Until the time comes when they start to ask for their holiday entitlements. So that is why I wanted to see if the council could do something now so they would not have to suffer all the stress that I am going through. bf x

I forgot to ask and this might be a silly question. Does anyone know what happens when the council files a complaint and then 'adds it to the taxi operators file?' (in bold above) Do they just sit on it and do absolutely nothing or do they carry out some sort of investigation? I just don't know what else I can do to demonstrate to the council to get them to act on these complaints. And what do they deem serious enough for the council to even do anything? I would say that these (in my eyes anyway) were serious in that, the taxi company (to name but a few) did not provide statutory entitlements, being dismissed asking for those entitlements, did not pay wages for the hours that have been worked, did not provide adequate rests and breaks and generally exploited their workers. bf x

Thank you for your reply Beau. I haven't heard of this association before. Unfortunately, I would not be able to seek advice from the National Taxi Association as they have a strict policy to only give advice or any legal advice to fully paid up members. The membership fee to join is £36 per year. However, after reading on their site, I am not even quite sure if they can help me in terms of being a previous employee or worker for a taxi company.. It also says on their website that if you are not a member do not call them if seeking legal advice. Sadly, they have said that a lot of non members had been calling them for advice on the 'promise of membership' but neither a membership or a polite thank you is given in return for their advice. I can totally understand where they are coming from. I have received an email this morning from the taxi company's borough council. The only help they can give me is to take notes of my complaint and add it to the operators file. So it is now back to the drawing board and to wait patiently for the tribunal to come round. bf x

The last part in bold is so true. Although I know that the only way I can get any type of recompense is through the courts/ET for the harm and mistreatment I have had to suffer from my ex employer it hasn't been easy trying to find other ways to report him for his unscrupulous behaviour. It is shocking that there are no other regulators or authorities to report him to. I have maxed out on Google trying to find something. However as mentioned in my previous post, I have reported them to their borough council who issues their operators licence. I have told them everything as the other problems I had did not just involve of only one or two things. There were ongoing mechanical and cosmetic faults with their company vehicles which took the company weeks to repair,wages not being paid on time, not being allowed to have rests and breaks etc. It was the straw that broke the camel's back as I am finding it incredibly hard to get my head around being dismissed for only just asking for something that I am entitled to in the first place. I had the audacity to challenge my employer about the other above issues which gave him another reason to sack me. I am waiting for my wages that he still hasn't paid me but I won't be seeing that any time soon until I get to the tribunal. There are so many bad employers out there who are getting away with this kind of shameless behaviour and someone or something needs to stop them. I am now currently supporting the CAB in their campaign for the government to create a 'fair employment commission' for vulnerable employees and workers who are being exploited by these rogue employers. bf x

Hi, I think this may be the case(pardon the pun). I have just recently submitted my claim to an employment tribunal too and I have also just amended my claim via email. In both cases I received emails from them acknowledging my claim. I presume once you have submitted then you will receive notifications via email from the tribunal service relating to your claim. As opposed to snail mail..or they may still send you hard copies as well. I guess I will also receive an email informing me of when the prelim hearing will be at some point...I personally do prefer email as it's so much quicker. bf x

Hi, Whilst I am patiently waiting for the tribunal date to come through.. I really need to ask someone who may know who I can report my previous employer to. As they are getting away with underhanded business activities/practises with near impunity.(a Taxi company) There must be some authority out there who I can report them to as they are now withholding my wage slip and one weeks wages. I think I have exhausted all avenues about this as I have contacted ACAS (for my non payments for statutory holiday pay and automatic unfair dismissal claims). I have also received advice from a solicitor who works in a law centre and the CAB. The solicitor can't help me and the CAB are only volunteers who have no idea about employment law. I have even reported them to their borough council who issues their operators licence. Is there some sort of regulator for taxi companies? Please can someone advise. BF x

No worries. After reading back my above posts I sound like I am a bit of a dimwit. But I think what I was trying to get at is; what if my ex-employer thinks he can just get away with paying me just for the hours I have worked and not pay me for the whole of my notice and holiday pay etc. (coupled with the fact his accountant also keeps on messing up figures). His whole defence (or mantra that he keeps on repeating time after time) is based on "You are on a zero hour contract so when you work you will get paid and if you don't work you don't get paid". However, he just doesn't seem to want to grasp the fact that`employees and workers do actually get paid for not working - its called holiday pay. He's not buying it hence why he has dismissed me and I have filed my case to an employment tribunal. I am also claiming for automatic unfair dismissal. BF x

Hi, Yes sorry. I forgot about figures. I was on NMW (7.50) my tax code was 1035N (to take into account the marriage allowance). I worked 30 hrs a week term time only (39 wks). I think I just wanted to be reassured that what my ex-employer will be paying is going to be correct. I have had to double check my wages in the past because they have a history of messing up the calculations. (My employer has an accountant to obviously do the pay roll but he is not very good). BF x BF x

Hi, I have just received an email notification regarding my fee remission for not having to pay for my tribunal claim for non payment of holiday pay and automatic unfair dismissal. This good news could not have come at a better time given I have now lost my job with no means of paying the fees. However, I think I would have qualified for the remission or at least some of it if the fees were still payable. Please can I pick the brains of one of your employment experts? (or two or three) I should be receiving my last wages for the month of July and my P45 by the end of this week but given my previous employer is being rather difficult I am wondering if he will be withholding them back just to be spiteful. Or he will not pay me the correct amounts. I am really worried about this. I need to check whether the payments will be correct if he does pay me. He gave me 28 days notice from the 8th July 2017. (notice will end on the 5th August 2017) Just to clarify; I worked for one week from the 3rd to 7th July 2017 and then I booked one weeks holiday from the 10th to the 14th July 2017. And one day holiday on the 21st July 2017. My last week of work would have been from the 17th to the 20th July 2017. (the 20th was the last day of school term) BF x

I did wonder who these poor patients were that they needed to be passed on to HMRC Anyhow, I did some checking on the tax credits website and it does seem everything regarding my NI contributions are in order. I have now submitted my claim form into the tribunal system..so now I just need to wait until they have processed it.... bf x

Hi, As I was just reading the employment status webpage again on the government website I had just come across this note at the bottom which says: Individuals and their employers may have to pay unpaid tax and penalties, or lose entitlement to benefits, if their employment status is wrong. As my earnings were well under the personal allowance I didn't have to pay any tax but I obviously paid NI contributions every month. But since there is an on going dispute with my zero hour contract of whether I am a worker or an employee I just wanted to find out what this means. And does this even apply to my situation? Sorry, I am having a thick day today and my brain hurts bf x

Thank you so much HB.. I will certainly update everything regarding this situation as soon as I receive any more news. In the meantime I am currently typing up the particulars of the claim..... bf x

Hi, I have just had a phone call this morning from the ACAS conciliator to say that early conciliation has obviously failed so she has now sent me the EC certificate so that I can now issue my claim to the tribunal. So here we go..drum roll to the ready... bf x

Hi sangie. There is no way on earth that I would scream at you. That isn't my way at all... I have been doing some swotting this afternoon since reading all your comments. I have been reading this >>https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/making-an-employment-tribunal-claim-is-it-worth-it/employment-tribunals-automatic-unfair-dismissal/employment-tribunals-automatic-unfair-dismissal-trying-to-assert-a-statutory-right/ Fortunately, from the very first moment I requested annual paid leave I had printed all the emails that I had exchanged with my employer asserting my rights to holiday pay. I can prove to the tribunal with his emails that he stated that he had given me 28 days notice and that he will not be renewing my contract what so ever if I take him to the tribunal. Given that I had decided to do that regardless he nevertheless immediately terminated my employment with him anyway. There is no other possible reason why he dismissed me other than for asserting my rights to annual leave because prior to my repeated requests for holiday pay we were working together in a fairly civil manner. It was from the very first moment from when I initially called him on the phone on the 21st June 2017 asking for holiday leave that our working relationship had deteriorated and crashed and burned so to speak. So after reading this information from the above link I know I can argue and prove my claim for what's known as Automatic Unfair Dismissal. Don't worry I am more than prepared. I am going to fight this as I have come so far. bf x

Thank you sangie. I forgot to say before when I read one of your previous posts regarding having to submit the unfair dismissal first through early conciliation route I had done this immediately online on the ACAS site. I now have another new reference number so I should be getting a call back from ACAS about this in due course. Thank you so much for all your help so far. `I really do appreciate it. This also goes to everyone who has contributed to this thread. At least I know where I am now with which steps to take. bf x

Thank you for this link Honeybee. As you may have seen I have responded to each question on the employee status section. I thought this may also be a good way of helping others if they are having the same issues depending which type of job they do. This has certainly helped me because after reading sangie's comments it did make me think that I needed to double check what the difference was between being an employee and a worker. So now I know that I might be better equipped with this info to handle the tribunal when it eventually comes around. bf x