I had to use my own car to do the banking which was 6 miles each way. I had to use my own car to pick up my bosses PA from the bus stop when ever she was late. I had to use my own to take all the rubbish to the skips because my boss was to tight to pay for dustbins. I was not insured to use my car for work and he never paid any petrol allowence to me. But was told If I did not like it to leave. Does any one know if I can sue my old boss for this even though its been 16 months since I left and if so where do I contact to do this.
Thanks
IW
2007-08-28 08:52:15 · 13 answers · asked by Ian W 1 in Politics & Government ➔ Law & Ethics
I don't believe that you can. He told you to quit if you didn't like it. Sadly that's how most employers feel about their employees
2007-08-28 08:59:08 · answer #1 · answered by John 6 · 2⤊ 0⤋
The time limit for employment tribunials is 3 months from the date of the incident. Unless it can be found as a discrimination issue.
Even had you of left within the last three months certain other conditions would need to have been met. eg worked for him for a year or more and the grievience had been notified to the boss in a manner set out by law (asked for a meeting to discuss)
For future ref when you walked away because of being unfairly treated would possibly been a constructive dismissal case. Its one of the hardest to prove and 3 month deadline started to tick the day you left .
As you mentioned 'sue' you may possibly be thinking of a small claims court in attempt to recover the expences paid? It would be a long road and i doubt very much if you could get far You would need so much proof and also prove that he refused to pay it and that you have tried to restrieve the expenses before now.
2007-08-28 17:26:46 · answer #2 · answered by stormydays 5 · 0⤊ 0⤋
I think you need to put this one down to experience. If you intend to take your employers to an employment tribunal, this has to be done within 12 weeks of you leaving. Unfortunately this is a very strict time limit.
The only other option open to you would be to consider to write to your former employers with a request that they pay your travelling expenses. You need to itemise the number of journeys you made and the mileage covered. I think you can reasonably claim up to 40p per mile. You could see what sort of response your letter receives.
Finally, there is one further option - that is a claim in the small claims court. This can be done on line - see HM Court Service Website for more details. You will have to pay a court fee but this is recoverable if you are successful. If you prefer, you can visit your local county court (address and details on the website) and get the court staff to provide you with the forms - you will need a claim form and particulars of claim where you can list the amount owing to you. In addition, you can claim interest which is 8% p.a. on the outstanding monies owed to you.
2007-08-30 17:06:23 · answer #3 · answered by Shelby P 2 · 0⤊ 0⤋
Can you prove any of the claims that you make?, do you have a log of the mileage, would the bosses PA confirm that you did transport them? If not then without evidence you cannot do anything.
Did you speak to your employer about the requests? could you have made a claim for fuel?
I agree with one of the other comments, its been 16 months get over it and move on.
2007-08-28 16:59:11 · answer #4 · answered by elvis_liveonstage 2 · 1⤊ 0⤋
I'm pretty sure that any claims to a tribunal have to be within a 12 month period. They won't even touch your case though, if u haven't written to your employer first, and at least tried to go through some sort of grievance procedure. I'd go see your local citien advice for more advice
2007-08-28 16:19:00 · answer #5 · answered by sausagejockey 4 · 0⤊ 0⤋
Possibly a little late to claim for constructive dismissal, and it would all depend on how long you had worked for them.
Never feel trapped by an employer. If an employer tells you to leave if you don't like it, don't go on enduring the misery they cause. Just get another job, they really are ten-a-penny if you are prepared to look.
2007-08-28 15:59:34 · answer #6 · answered by Phil McCracken 5 · 0⤊ 0⤋
You should have filed a complaint while you were working at the business with the NLRB (National Labor Relations Board or whatever it's called where you live) I would think it is a little late now, but you could try it.
2007-08-28 16:02:01 · answer #7 · answered by sensible_man 7 · 0⤊ 0⤋
Well you could have taken him on if you would have done it straight away. My question is, why leave it for 16 months to consider taking action against him?
I don't think that you can do anything this long after.
2007-08-28 15:59:23 · answer #8 · answered by ? 7 · 1⤊ 0⤋
1. I don't think your case would hole up in a court.
2. After 16 months it is not likely any attorney or court would take or review your claims
2007-08-28 16:01:16 · answer #9 · answered by Jan Luv 7 · 1⤊ 0⤋
16 months ago? Time to stop stressing about it and move on.
2007-08-28 16:08:48 · answer #10 · answered by grumpyoldman 7 · 1⤊ 0⤋