small claims courts

[HANDBY]

Hi, how do I take my husbands former employer to small claims & how much does it cost? He is owed a weeks holiday pay about �450, money that cant be thrown away. Thanks

[scorpious123]

last time i took a insurance company to a small claims court i think it cost me at the time about thirty pounds if its under a certain amount and you can add your exspenses on to it fuel to go there and phone calls all i had to do was go to the small claims court and get a form and fill it in giving a reason why that person owes you that money they are quite helpfull in there and anything you are unsure of they will help, but if i remeber you have to write to your partners employer first and give him the reason why he owes this money first and let him reply back to you in writting not verbal eg for evidence for the court and get everything recorded delivery in letters for evidence ou can claim back the cost if you win good luck

[HANDBY]

Thanks, got a letter drafted up ready to post to them, not sure if I will get any response, rang them last week, bloke in office told me to F*** Off & slammed phone down. Do I get the form from magistrates court in town, or is it a different court?

[Quoi]

Have you already considered an industrial tribunal route? If the holiday money is contractual you can take them to a tribunal for unlawful deductions. It usually has a greater impact because there are fines that can be added to paying you back too.

[scorpious123]

i do belive it was a magistrates court but , just reading quoi thread below it might be worth looking in to because if your partner has not brocken his contract of employment and his employer has the best root to follow would be a tribunal

[HANDBY]

Quoi, how do I go about this , not sure best way to go, not posted letter yet, so can rewrite it. He never actually signed a contract, worked for them for 2 years. Took 2 days off last July & 3 days over xmas, they only paid actual bank holidays at xmas. Company said employee has to accrue 5 days before hol pay is paid, dont pay odd days. Had his p45, this holiday money been added on, but he not had it.

[Quoi]

There is a time limit on the claim - 6 months I think but I have always found the emplyment tribunal office to be brilliant when you explain your situation to them. They will help you to decide if there is a claim at all and if the employment tribunal is the correct path to take. After that they will answer any questions & help you prepare your claim.

At least worth a phone call

http://www.employmenttribunals.gov.uk/index.ht m

Good luck

[Buenchico]

Her Majesty's Courts Service has an excellent website, which will tell you all you need to know about the Small Claims Procedure. See here:
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm

Chris

[themas]

It is far better to go to an Employment Tribunal than to do this through the Court. It doesn't need to cost you anything. You could contact the ACAS helpline, or visit your local CAB for advice.

[thugulike]

You must make a claim to employment tribunal within 3 months. You would make a claim under the wages act for failure to pay holiday. You can make claim online and it costs nothing. Making the claim will probably result in a payment right away as it wouldn't be worth the company's while defending it..