should I take my former employer to a tribunal?

Question

I worked in a dental surgery for 4 years and left a year and a half ago after a disagreement with my employer. I didn't have a contract, didnt get a payslip, I was expected to man the surgery on my lunch hour, so I didnt get much of a break although I was paid for my lunch, If we ran over I always stayed late and wasn't paid for extra time, anyway after a huge argument with my boss which left me in tears I walked out, I didnt want to take my boss to a tribunal but now he is making life difficult for myself and another collegue and wont provide references for any jobs we have applied for, so im now considering it, but the thing is although he was hard to work for we did get on , and had a laugh and this has put me off doing it, just want everyones opinion, and If I would have a case if I was to take it to a tribunal, thanks xx

Just so u know, this was my first job since leaving school, and I wasn't very savvy, just wanted to please my old boss and do my job right, but now i'm a bit older I would never let someone take advantage again!!!

fengirl- I was told it was up 2 24 months after leaving dunno if this is right

Answer 1

If you didnt have a contract then you wont have much luck. He can do what he wanted, ask you to work whatever hours he wanted if you didnt have a contract.

Dont ever ever work without a contract. You have no rights whatsoever. I cant beleive people are so stupid.

You could get in touch with the tax office though, as you didnt have a pay slip he was probably paying you "cash in hand" and not delcaring it.

You need to check he paid your national insurance contributions as if you need to claim unemployment benefits etc and he hasnt then that will be affected. Also your state pension will be affected.

Answer 2

Sorry, Fen Girl is correct, the time limit is 3 months from the event, for taking an employer to a tribunal. It's a pity you didn't - you'd have torn him to pieces! He's broken so many laws! No statement of particulars by 8 weeks, no pay slips, no breaks....!
If you didn't get a payslip you could threaten to report to the Inland Revenue! (Although - if you weren't paying tax, they would also be interested in you!)
The guy sounds like a complete idiot who has totally abused your trust - I'd forget about it. Try to get another job where you may not need this reference - could be part-time shop job or temp work, just to get another reference from someone more reliable.

Answer 3

i think you would have a difficult time. depending on labour laws in your country.

Usually if you have no contract you can get fired at a moments notice anytime, your boss can tell you to leave at lunch time and you cant do anything about it legally because you have no contract. likewise, you can leave any moment without reason and expect no reprisals. And as you walked out on your job you have no grounds for tribunal anyway, you chose to leave.

The details of you working lunch and overtime makes no difference whatsoever, you chose to work those times, it's on your back. Legally.

Your boss can be only happy you did so much.

As for not giving you a reference, your boss is never required to give you a reference if they dont want to. And even so, would you want a reference if he didnt like you, i doubt it would be a positive one.

You made your bed now you have to sleep in it.

Next time get a contract, and dont be the one who walks.


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Answer 4

I'd go and see the him face to face and tell him exactly how you feel. Easy for me to say, I know, but time has gone on since you 'got on' with him, and I think his behaviour is unreasonable. He is also responsible for no contract being issued so don't be put off by that. Get some free advice at the Citizens Advice Bureau. Start making notes as soon as you can as you will need these to back up any case. How about you and your friend joining forces and taking him to tribunal together. Strength in numbers.

Answer 5

You would have had a very good case for 'unfair dismissal' ... and maybe even harrisment ... but having walked out and not tried to go back for 18 months I think it's going to be very difficult to start proceedings.

About your only chance would be to establish that for 18 months you have been too stressed and upset to do any other job and only now have been able to rejoin the work force.

Go see Citizens Advise or a Solicitor ... it's possible that a simple letter from a Solicitor asking for References will achieve what you want

Answer 6

I would write it all down and then go to a solicitor for a free half an hour that some solicitors do, or I would contact a union and ask for their advice. In my opinion your employers were in the wrong. Always ensure that you join a union in the future. I looked into contracts a few years ago and succesfully won my husbands case because a contract can be written or verbal I read that even a bus ticket is a type of contract, my husband didnt have a written contract, his employer breached that so we won. Good luck

Answer 7

Sorry darlin' but even if you wanted to, you've now left it far too late to issue those proceedings. If you wanted to take your ex employer to a Tribunal for Unfair dismissal and/or unfair (Constructive) Dismissal you should have issued those proceedings within 3 months of the effective date of dismissal. Since, as you indicate, your employment terminated more than 18 moths ago, you're now 'Out of time' to issue such proceedings.

Answer 8

You are too late I'm afraid - you have to take a case to an ET within 3 months of leaving the job.

Answer 9

Assuming you are in the UK - Ask the Citizens Advice Bureau - www.citizensadvice.org.uk - its free and they specialise in this type of thing.

Answer 10

hi - there are few issues within your statement which you can state you have grounds. but i feel you need to obtain concise advise and the best people to give you that is acas. phone their helpline and speak to one of their advisors