Tuesday Q&As

2.1.24

• Losing employer failing to pay successful tribunal award. Next steps?

• Holiday pay - is shift allowance included and how far can you claim back?

• Working in a very cold office. Is it legal?

• Promotion but no pay rise

• Recovering an overpayment of wages leaving an employee with nothing

• Changing from night work to daywork

• Holiday - can’t take one day, employer insists one week minimum

• Holiday refusal and subsequent disciplinary

• Office closing - told to work from home

• Holiday calculation should be averaged over a period of time

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Losing employer failing to pay successful tribunal award. Next steps?

Q. This is probably a long-shot as it's Christmas & i only have 42 days but thought i'd ask. This year I won my employment case against my ex employer, i had no solicitor and done everything myself so i was very happy with the outcome.

However, the director then applied for voluntary insolvency and there are zero funds to recover. I put in a reconsideration application to include a 2nd respondent on the judgement. This was just rejected, and i now am at the appeals stage hence the 42 days.

To briefly explain, when i applied for the role the company was named joe bloggs (as an example) however the contract was actually under joe smith ltd, so it still had the first name just a different 2nd name.

The company I represented on a day to day basis was joe bloggs, i answered the phone as joe bloggs, the email address used by the director in all correspondence was name@joebloggs.com etc. My issue is, the business hasnt been affected by the insolvency at all, as they are still trading under the same name, its just that now the registered company isnt joe smith its now joe bloggs ltd!

I didnt really put any respresentation in my reconsideration application stupidly, but as this is my final attempt i really want all the help i can get. Do you know of anything else or any way i can win this appeal? Any advice is greatly appreciated.

A. Firstly, congratulations on winning your employment case. It's an impressive achievement, especially as you represented yourself. Regarding your situation with the appeal and the complexities arising from the company's name and status changes, here are some considerations that might help: