Employment Appeal Tribunal

[rumpelstiltskin]

Hi, I have a rule 3(10) hearing at the EAT and have two weeks to prepare bundle and skeleton arguments,PLEASE can anyone help?

[honeybee13]

Hello there.

 

I think you need to tell us more about your claim and what's happened up until now please.

 

Do you have anyone helping you like a lawyer or your union?

 

HB

[rumpelstiltskin]

Hello

 

Thank you for replying.My husband and I took our former employers to the ET with a claim for unlawful deductions failure to pay correct final holiday pay and further unlawful deductions in that our pay fell far short of the NMW when the so called "on call "shifts were taken into account.

 

We were contracted to work basic hours of 40 and 35 hours respectively as warden and receptionist team on caravan park.In addition we were required to enter our names on a rota along with two other teams to cover on call shifts from the time the office closed in the evening to the following morning when the wardens started their next basic shift.

 

The purpose of these shifts was to deal with customer enquiries and render assistance where required.The shifts normally ran 5.00pm to 8.00am but this could sometimes be slightly different if the office hours changed.

 

The Et awarded us the first unlawful deductions and holiday pay claim but said that the claim for failure to pay NMW was not well founded as we were at home(tied caravan in which we were required to reside in order to fulfil our responsibilities) and there were few claims for emergency call outs in the last year.

 

We have appealed as the at home exception in the NMW regulation does not apply when working,as we were required to be directly contactable by customers in order to answer their enquiries and render assistance, we were working.

 

No payment other than the accommodation was made for any part of the on call shift apart from a call out payment of £8.50 if we had to attend an emergency between 10.00pm and 7.00am that under those circumstances we could claim.

 

The appeal was rejected at sift but we have been granted a hearing under rule 3(10)

 

We don't have anyone helping us and unions were not allowed at our workplace.

Edited June 28, 2016 by honeybee13
Paras.

[honeybee13]

Thank you for that, hopefully people in the know will be along later with advice for you.

 

I didn't think an employer could stop you being in a union?

 

HB

[rumpelstiltskin]

Thank you for responding. Unfortunately when people are reliant on their employers for both their job and their home a lot of things happen which supposedly can't