Employment Law: County Court Question?

I am taking my ex employer to the county court as they did not pay me sick pay and i had to use my holiday entitlement when i was off sick, we have proof but my ex employer is digging their heels in and not sticking to their story, each letter we get from them says something different. The Solicitor says we have no option really but to take them to the County Court.

I'm a bit worried about this as it all seems so daunting. My solicitor had a conversation with them and they said i told them i didnt want sick pay but i wanted to use my holiday up instead (which is rubbish as i didnt even know i was entitled to sick pay, when i started working for them i was told if i was off i didnt get anything) but a few days later the DWP rang them up to ask why they didnt think they should pay me SSP and they said it was because i didnt have more 4 days off at a time.

What i would like to know is: Will we necessarily have to go to court or can a judge rule without both parties being there?

Thanks for the replies so far.

When i was off sick i used my holiday entitlement so i would get pay, so i had full pay when sick, but this was sorted when i came back to work as i didnt want be without money.

Nothing is mentioned on my contract of employment regarding SSP, so my claims are mostly breach of contract and total under 5k.

As the employer is denying the claim then you will have to go to the hearing

I shouldnt worry about it. The employer says that you didnt want sick pay so did he pay your full wage when you were sick then?? Because if he didnt pay you your full wage then he should have paid you SSP wheather you wanted it or not. Its the law

Dont worry about the court. All the judge will do is listen to both sides of the story from each solicitor and ask a few questions back to the solicitor.

And

Just for the hell of it remember this.....the court see a servant master relationship in many employment cases and they dont like it . Unless it is strongly proved otherwise they mostly side with the employee

But i think you will find the employer will settle out of court at the last minute

It'll have to go to court.

Go to Court. Criminal courts are designed to be intimidating, civil courts are not and proceedings are usually quite relaxed. The hearing might be in open court where there are rows of chairs with the judge sitting at the front (more like church than the Old Bailey), but it's more likely to be in the judges chambers where you all sit round a big table - and you might even get a cup of tea. Just stick to your story and you've nothing to worry about. The judge will read all the written evidence and see that your ex-employer keeps changing his story - and he won't be very sympathetic to him.

So don't worry. I've been to the County Court a number of times and it's no worse than going to the doctors.

Go for the throat,these cases are normally settled out of court,you sound as though you have a good case ,especially if you have kept all the different letters,your ex boss will back down before the hearing.In these cases you always name the company director to appear,not the company secretary,then the pressure is on them.I have done this several times for various friends etc,but just with tribunal hearings,an arbitrator is normally assigned in those cases and it is really easy.

You should check with the court if any similar cases to yours are coming up soon. If you attend the case and watch what goes on you will see that it is not as daunting as you suspect.
Cases like yours are normally dealt with at the Employment Tribunal (UK), so check with your solicitor which court your case will be heard in and familiarise yourself with it.
Don't worry about the "lies" your ex-employer is telling - this is common in most compensation cases - and is designed to encourage you to drop the case. Don't drop the case but do your homework and you will find it will be a doddle.

Sounds like you may have to go to court. I am currently doing Business Law at college and know that if you don't have a written contract, it is difficult to prove if you are entitled to SSP.

Where I work, some are not entitled to SSP and stipulates in A Working Time Directive Agreement that they are entitled to holidays but not public holidays. There is nothing about SSP but I know they are not entitled to this under how they are classified. They provide services to us, and in a sense work for us, as are on payroll system but as they are not full-time (or have proper contracts) and the type of work they do, they are not legally classed as employees but Freelance Service Providers.

This means they don't have the same rights as us. In your case though, it doesn't fit this FSP thing. It sound like you ARE legally an employee and your employers are playing dirty but if you are in this category then you are entitled to SSP from the FIRST day of you being ill. You don't need to be ill for more than 4 days at a time. This sounds like company policy - not wanting to comply with UK or EU law.

They will lose out in the end - UK / EU law will prevail. If EU law goes against UK law (where there is also EU law on this) then EU law will prevail. EU law focuses on employees' rights and health. They curtailed the max hours employees can work, unless they work in medicine. All this for the sake of employees. Therefore, I doubt you will lose.

I also suspect there is also a Judicial Precedent on this and will show you what the outcome is likely to be. If your lawyer is confident, you know you are likely to win!

Good Luck!

keep track of all their differant stories, and when.......just makes you look better in court, and push the issue nobody wanted to take charge, or give a straight answer thru this whole time period.........

firstly

go to court it sounds a strong case, they couldnt prove your phone conversation anyway, even if it had taken place, without a recording.

secondly,

they probably will settle, but bear in mind the amount you are after and settlements usually come because liability is not admitted and it saves them money.

lastly on SSP

EVERYONE in the UK who is sick from their normal job or work for more than four days in a row, IS entitled to SSP, you may have to claim it yourself rather than receive it from your employer, but you will definitely be permitted to claim it even if self employed.

CRO xx

The defendant has the right to defend the action or can choose to settle the claim. If the case is defended, the Court will issue 鈥榙irections鈥?鈥?things you and the defendant have to do before the hearing, e.g. send copies of documents relevant to the claim to each other and the Court. You will also find out the date and time of the hearing and where the hearing will take place. If the defendant fails to respond to the summons, you can request 鈥榡udgment鈥?(decision) in your favour and set out how the defendant should be ordered to pay.

If you do wind up having to go to the County Court, don't worry about it being a formal and daunting place. It's very informal, in fact specially designed to be that way, and often the "hearing" takes place with everyone sitting around a table. There're no gowns and wigs.

The Judge will listen to the evidence presented and come to a decision called the 鈥榡udgement鈥?and give reasons as to how the decision was reached.

Listen to your solicitor's advice and ask him/her any questions you may have.