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Basic Problem - Wrongful dismissal (Same Day) and non-payment

 
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  • Answered by:John Knox
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Customer Question

Basic Problem - Wrongful dismissal (Same Day) and non-payment of PILON



ACAS have caused my tribunal claim hearing cases to be closed by wrongly informing the tribunal that agreement had been reached to settle the claims through ACAS.

1. This was done without any approval, discussion or agreement from the Claimant what so ever.
2. How can this be rectified?


What have you done so far:

1. The Claimant has written to the ET informing them that the ACAS notification is incorrect and that he has not yet agreed terms.

2. The ET has replied stating; “Unless the ET is notified by ACAS that the COT3 notification has not been properly issued, the tribunal can take no further action”.

3. ACAS have since written to The ET and the Claimant, admitting that their notification of settlement may have been premature. Also that they had overlooked the request by the claimant to check the COT 3 as a whole to make sure it satisfied all of the claimants requirements and included the necessary appendices.

4. The ET asked for further clarification of whether a) the terms of settlement in the COT3 have been complied with. and b) have all payments been made?

5. The Respondent confirmed that payments had not been made claiming that this was because the COT 3 had not been signed. Also the claimant had since written confirming that the terms are still not agreed, and that no payments have been made.

6. The Claimant had again asked the ET to reopen the claims and confirm back hearing dates.

7. The Respondent failed to submit their ET3 to the tribunal before the due date and time on 1st September 2011. The claimant has not informed the Employment Tribunal Office in writing either that he does not wish a default judgement to be issued or that the claim has been settled.

8. They have called for a pre-hearing review

 

Optional Information:
System of Law: England-and-Wales

Already Tried:
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Submitted: 323 days and 13 hours ago.
Category: UK Employment Law
Value: £36
Status: CLOSED
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Expert:  John Knox replied323 days and 8 hours ago.

Hello,

I will do my best to help you with this.

Has the pre-hearing review been listed by the ET? If so, to take place on what date?

Customer replied322 days and 9 hours ago.

Yes, July 26

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Expert:  John Knox replied322 days and 5 hours ago.

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