Please help me with an industrial tribunal.

[moggy490]

Hi

I,m acting on behalf of my mother in law who had her employment terminated in feb for no valid reason. i have got as far as complaining to Employment Tribunals but rcieved a letter today that reads like this:

 

DEAR SIR.

regarding mrs x xxx -V- 1) William Scott WJS Properties

2) Fitray Limited

 

I refer to the above case.

 

Employment judge xxxx directs that i state the following:

 

Neither respondent has entered a Response to your claim. The employment judge is considering issuing a Default Judgement and ordering a remedy hearing. Before he does so you are required to indicate which Respondent you say was the claiments employer so that a Default Judgment can be issued.

 

PLEASE REPLY TO THE ABOVE BY 20 NOVEMBER 2009.

 

Yours faithfully.

xxxxxxxxxx

 

So i rang these today and they asked me to send a copy of the claiments wage slip and a company letter, i explained i already did this in june.

Then i was told that because the letter is states WILLIAM SCOTT WJS PROPERTIES and the wage slip Fitray ltd they are unable to issue the default as they cannot determin who my claiments employer is.so i asked them what i should do and they said they cannot advise me on that?

 

please help.

[Rooster-UK]

Moving this thread into the Employment Forum where you should get the help that you need.

 

Regards, Rooster.

[moggy490]

thank you

[moggy490]

this is what i got from googling WJS properties :

 

Registered Number:06113429 - Registered at Companies House on 19/02/2007 Type of business:Development and selling of real estate Address:THE RIVERSIDE BUILDING

LIVINGSTONE ROAD

HESSLE

EAST YORKSHIRE

HU13 0DZ

Telephone numbers may be available here Company Type:Private Limited with share capital ?Company Status:Non-trading company ?Last Accounts Analysed:For the period ending -Useful links:Location map and aerial photograph

WJS PROPERTIES LIMITED on Google

Is this your company?Create your facebook page

Tweet it! with Telephone Number:Telephone numbers may be available here Credit Reports:As this company has either not or only recently filed, they are not yet analysed by our system, so we are unable to offer a credit report.

If you would like to be informed when reports are available, please click Monitor this company to receive email updates free of charge.

And this for Fitray Limited :

 

Company Details - FITRAY LIMITED

 

Registered No.02363724

 

(?)Address:18-20 DEVON DRIVE, SHERWOOD, NOTTINGHAM, NG5 2ENTel:We do not list telephone numbers. Click here to search for a telephone number at 192.com Type:Private Limited with share capitalIncorporation Date:21-03-1989Status:Small unquoted company filing only an abbreviated balance sheetLast Accounts Filed up to:31-03-2008Last Accounts Analysed:31-03-2008Nature of business SIC:55110 - Hotels and motels, with restaurant

 

 

Reports:

 

 

 

Now my mother in law was a care assistant and with the imformation above none of these fit into that criteria do they?

But she did work at 18-20 devon drive which is the address for Fitray so i,m assuming that it must of been Fitray who was the Employer and if so why was her termination letter headed WJS Properties Limited?

[caledfwlch]

you could try contacting the tax office with her NI number and a wage slip.

 

My partner works for a company, but when she contact inland revenue for a tax rebate, there was confusion as they could not find them - however eventually with help from work, it was found, and the company is registered under a different name with the tax office.

 

The "company" she works for namewise, is simply a trading style.

[moggy490]

ok i,ll try that thanks.

They did say that WJS properties came back as a trading somthing.

[jimmylesaint]

I would wager that Fitray Ltd are the employers, the other name being a trading name.

[teaboy2]

Both are limited companys, therefore they are not the same company. Dont know where she got the letter from william scott wjs properties, but i can tell you now, as an employer myself that her actual employer is fitray ltd due to them being on her payslip. another point is does she have a copy of her employment contract as it would say on there

Edited November 21, 2009 by teaboy2

[moggy490]

Hi and thanks for the reply she was never given an actual contract just given the job, i have replied to the employment tribunals service and told them that it is Fitray.

 

thanks for your help

[teaboy2]

an employment contract is deemed to be inplace upon acceptance of a job offer regardless of weather its been put in writing or not. However under employment laws the employer has to provide a written statement that contains the terms and conditions of the emploment within 2 months of the employee stating employment. So you should also include their failure to provide a written statement aswell.

 

read the info contained in the following link for more information http://www.opsi.gov.uk/acts/acts1996/ukpga_19960018_en_2#pt1-pb1-l1g1

[moggy490]

Hi

I have recieved a letter today from Employment Tribunals which reads as follows:

 

REJECTION OF RESPONSE

Employment Tribunals Rules Of Procedure 2004

 

I am returning the response because it was recived more than 28 days after you were sent a copy of the claim.

 

Employment judge xxxxx xxxxx has therefore decided that it cannot be accepted. The claim will now proceed undeended.

 

You are not entitled to take any part in the proceedings except.

..To make applications for review of a deault judgment or certain other decisions in the case.

..To be called as a witness by anouther person.

.. To be sent a copy of any judgment or order made against you.

..To ask or written reasons for a judgment or order.

 

The accompanying notes explain what steps can be taken as a result of this rejection.

 

your faithfully. xxxxxxxxxxx

 

or the security of Employment Tribunals.

 

the letter is adressed to the person im claiming against.

 

Any advise to this would be great thanks

Edited January 21, 2010 by moggy490
more to add

[caledfwlch]

It sounds like they may have sent a letter for the former employer to you by mistake

 

Reading it, it sounds like they have missed the deadline for filing a defence against your mother in law's claim, so they are unable to file one.

 

An expert is bound to see this in the morning and clarify.

[elpulpo]

The applicant would probably receive a copy too.

[moggy490]

Hi all just to keep you upto scratch.

I attended the employment tribunal last week with my mother in law and the judge awarded her £20789.67p in compansation and has issued an order to Fitray.

No one from Fitray attended.

[teaboy2]

Nice one moggy, thats quite a nice award aswell. bet your well happy with the result!

[honeybee13]

Excellent, I'm really pleased for you. The money should be helpful.

 

My best to you both. HB

[moggy490]

Well to say well happy is an understatement was absolutely flabbagasted for her, i wont be getting any lol

 

No my mother in law is going to split it with her 3 kids £5k each and being as though one of them is my partner i,ll help her spend hers lol.

[Geocyper]

Well to say well happy is an understatement was absolutely flabbagasted for her, i wont be getting any lol

 

No my mother in law is going to split it with her 3 kids £5k each and being as though one of them is my partner i,ll help her spend hers lol.

 

Hi, I am helping someone with the Sam problem your mother in law was having, can we talk if I give my email address?

thanks

[honeybee13]

Hi, I am helping someone with the Sam problem your mother in law was having, can we talk if I give my email address?

thanks

 

Please don't give out your email. HB

[Geocyper]

Please don't give out your email. HB

hi I know but if she were to post I would have sent it private, thanks for your concern.

[Emmzzi]

oops just realised this is MONTHS old!

Edited November 14, 2012 by Emmzzi
old thread!

[honeybee13]

You're right, Emmzzi. There is another thread started by Geocypher.

 

HB