Employment Tribunals

[Greedyfly]

Hello,

Long story short I got made redundant after working for a company full time for only a couple of months. The owner couldnt go insolvant due to lack of funds and has basically just shut the company down and hasnt paid anyone what they are owed including me. I spoke to ACAS and CAB and Cab suggested a tribunal. If the owner had gone insolvant I would have been covered for what I was owed but as they can't I have to take them to court. I filed my claim, along side other employyees and it has been accepted and is due in court in April. My question is who pays the court costs? CAB told me I wouldnt be responsible for costs but after viewing my claim today online and readin some info on the Tribunal website I have two lots of info, one saying I do and one saying I don't. Has anyone else had to do this process and if so what happened? I can't understand why I would have to pay costs when I am the one who has been wronged? But I am worried due rising debt since my redundancy and my not being paid any wages.

Thanks in advance.

[tamborine]

You only qualify for tribunals if employed for 1year or more. You can bill the company for loss of wages.

Tribunals were/are a free service.

[tamborine]

may help

http://www.direct.gov...eDisputes/DG_10028122

[Greedyfly]

The tribunal service has accepted my claim etc... even though I were only employed a month or so. I ask because when I google employment tribunals the first site that you see, states that claimants (me) pay their own costs - 'In most Employment Tribunal cases, each side will pay their own costs. However, in certain circumstances, the tribunal may order one side to pay costs to'. Which is worrying considering my wages won't amount to a huge payout. I jyst checked the Directgiv website you linked - that states that there is no charge in making a claim. So I will assume that thats right. Thanks alot I feel better

[tamborine]

By costs, they mean if you employ your own solicitor or reps; travel exes, admin, phone calls etc

[buildersmate]

Yes, there are no costs to pay for the administration of the courts service, including a whip-round for the judge, if that's what you are worried about. Costs relate to your own costs and thjose of your counsel (if you employed one).

[Jemisa]

Don't bother, count it as a bit of bad luck. If there are no funds how are you gonna get anything. Even if you are awarded anything he probably will have to pay you 5op per month. In stress, trauma, and time it will cost you a fortune.
Jem.

[buildersmate]

The above comment is unlikely to be correct - though Greedyfly probably knows this.
The purpose of making the claim would be to enable the dismissed employee to draw on the National Insurance Fund - not in the expectation that the insolvent company is going to cough up. The route to a claim on the HIF is, I believe, through an ET, though I'm not sure.
Some info here, Greedyfly - though you may have established this is the correct route already.
http://www.direct.gov...ngYourJob/DG_10026695

[SKY250]

When you say full time can i asked if this was through Agency work? The reason i ask is have recently went through the same situation as urself.

[Greedyfly]

No it was not an agency and as you say Builders mate the reason for claiming through court is if the employer can't pay it then the government will. Thanks guys.