Where do I go from here..

[teaboy2]

ok mz_pink

[mz_pink]

Well I managed to fill in the form and got it submitted within a couple of hours.

I have now upped the compensation part of the claim to 6 months salary as I am so p'd off with how they have / are treating me.

I have just got my credit report and found that I now haave a default showing on my file which will last for 6 years and that is completely down to the deductions of earnings so feel that the comp should reflect the hardship they have caused me.

The ET will get back to me within 5 working days so watch this space....

[teaboy2]

Well I managed to fill in the form and got it submitted within a couple of hours.

I have now upped the compensation part of the claim to 6 months salary as I am so p'd off with how they have / are treating me.

I have just got my credit report and found that I now haave a default showing on my file which will last for 6 years and that is completely down to the deductions of earnings so feel that the comp should reflect the hardship they have caused me.

The ET will get back to me within 5 working days so watch this space....

 

who issued the default? have you received a default notice from them in the post? what kind of account is, e.g credit card, loan? might beable to help you resolve that and have it removed?

[mz_pink]

who issued the default? have you received a default notice from them in the post? what kind of account is, e.g credit card, loan? might beable to help you resolve that and have it removed?

 

Hi Teaboy,

 

Im not sure if I ddid receive a defaullt notice in the post ? had so much else going on to remember....

Was with next directory, i did end up settling it in the december it defaulted in the nov 2008.

[teaboy2]

Ok well in that case it might be worth asking them to remove the default since you have settled the account.

 

just write something explaining the situation and the fact you were not at fault, but your employer was for witholding your salary from you. explain the effect the default will have on your ability to obtain credit. am sure theyll consider it and hopefully remove it espcially when you tell them they neither send you a default notice which i believe they are required to and allow you 14 days to rememdy it. who knows though maybe theyll remove with you already settling up, so might be worth checking your file again as it can take a month for it to be updated.

[teaboy2]

Any update Mz_pink?

[mz_pink]

Good Afternoon,

 

Here we are with the long awaited update.

 

Mid December ET1 claim for lodged and respondent had until 12 midnight on Christmas Eve to respond.

 

Monday before Christmas word through my solicitor that the Compromise Agreement was being prepared and was ready Christmas Eve but my Solicitors were closed until Jan 5th. I was copied in in the email from Company to Solicitor stating it was ready along with the out of office reply from solicitor.

On Christmas Eve I called the ET and they had not yet received a response and I made them aware that we were in discussions regarding a Compromise Agreement since November and that the company had been making out to myself and solicitor that they were not in a robust financial state and that any monies agreed to through the comp agreement would be made in installments, monthly.

I felt this was suspicious and also due to the fact that they had not responded to ET and admitted liability to me on several occasions I felt that I had managed this far woithout an income that I could continue and see this through to a tribunal. As they have accepted my claim on grounds of sexual discrimination, breach of contract, unauthorised withholding of earnings, failure to provide written statement of earnings and unfair dismissal.

The first week of Jan I contacted the ET and there still has not been a response from the company, I have now been given a list of dates in Feb/March where I have to let them know when I will not be able to attend.

I am free for the whole of feb march which makes things easier i suppose.

Oh i forgot to say that before the comp agreement had been drawn up (Beg december)that I was told I was no longer an employee, and only reason given was that there had been a breach of trust by the company and it wouldnt be practicable for me to return to work. Lovely.

Only last night in my usual nightly job hunting efforts I came across an advert for my old job! SO SO SO Angry that I felt like appplying for it myself!

I resisted as I do not want them knowing that I am aware that they are advertising as going to use this in my ET remedy hearing in the next few months. The company were made well aware that I would be prceding with the ET if they did not get the Comp Agreement drawn up in time and I do not now intent to sign away anything.

My worry was that the company was going to fold by the time that a hearing was granted but all evidence pints to the fact that it was a load of bull I have been told, i.e double page advertising spreads in sunday papers for their product and now the fact the are seeking two extra members of sales staff.

Now here's for the piece of advice I am looking for ........

..........Has anyone represented anyone in a claim for unfair dismissal etc and tried to get compensation for loss of earnings? My basic salary was 14000 but on target earnings of 24000, this is clearly outlined in the job description they are advertising at present. Can I include the bonuses and commisions as part of my loss of earnings or will it have to be the basic salary only.

The reason I am asking is that it is a Rmedy hearing I have been invited to is solely for that reason, a remedy to my claim but I have read that I need evidence of each and every item I am claiming for and I cannot really afford to go back to my solicitor now and wont haave an appointment with the CAB until end of Jan

Any advice really appreciated x

[cynic09]

Previous payslips are evidence of your actual earnings. You claim "lost earnings" not lost basic pay

[mz_pink]

Previous payslips are evidence of your actual earnings. You claim "lost earnings" not lost basic pay

 

Hi Cynic the problem there is that they havent provided me with the payslips or statement of earnings. All I have to go on is my bank statements...payments from their account to mine. The lack of payslips etc is part of my claim too which has been accepted.

But thanks i can go on and make my calculations now based on both.

Thank you/

[cynic09]

In the circumstances I imagine bank statements will suffice

[mz_pink]

OK, I have a Remedy Hearing date at the ET for 24th Feb No response from respondent therefore default notice should be issued.

Quite nervous about the hearing and about what to expect.

Not sure if I will have to provide evidence of every matter that has arisen or if it will be purely a remedy which I will put forward and reasons for this.

Awaiting advice from the lawyer that has now agreed to take this on from my insurance company. As it is all done by email it does take a little time filtering through from paralegal to solicitor then solicitor to paralegal to me. but hey atleast I dont have anymore fees to pay.

[teaboy2]

hi mz_pink

 

Theres nothing to worry about now, the fact they didn't respond means you have won your claim by default as you all ready know. So its all just formalties now, where they go over the facts with you and work out what you should have been paid etc to work out what they should award you in compensation. So you will be best taking every bit of evidence you have with you for them to see.