Our client, a charitable organisation, faced a dispute involving a former employee (the Claimant) who initially worked as a self-employed cleaner. After a few months, an administrative position became available within the charity. The Claimant applied for this role but did not disclose any previous administrative experience. Consequently, the Claimant was offered the admin position at a lower salary compared to her predecessor.
The Claimant accepted the position and was an employee administrator for eight months. Her time as a self-employed cleaner did not contribute towards her length of service.
Following the sudden resignation the employee, the charity received communication from a friend of the resigning employee. This friend claimed that the Claimant had not received her full salary or holiday pay. Additionally, it was suggested that the Claimant’s length of service should have been backdated to her initial engagement as a self-employed cleaner.
Early Intervention
Orchard Employment Law intervened, communicating with the Claimant’s friend to clarify that the Claimant had been paid correctly and that no outstanding payments were due.
Dissatisfied with this clarification, the Claimant alleged that she was offered a lower salary due to her age, accusing the charity of age discrimination, and threatened legal action.
Recognising the potential for litigation, Orchard Employment Law told the Claimant’s friend that they would no longer be engaging in discussion by email. As a result, they ceased open correspondence and prepared for possible tribunal proceedings.
Employment Tribunal Proceedings
Employment tribunals have strict time limits for filing claims. The Claimant submitted her claim to the Employment Tribunal, but it was a few days late. She argued that personal reasons caused the delay.
Orchard Employment Law promptly requested a half-day hearing to contest the timeliness of the claim. During the hearing, Orchard Employment Law demonstrated that their earlier communication with the Claimant’s friend provided ample opportunity for the Claimant to litigate within the prescribed time limits.
The tribunal ruled in favour of our client, agreeing that the claim should not proceed as it was filed out of time.
Savings – cost, time, worry
Had the case proceeded to a full hearing, it would have spanned three days, resulting in significant financial costs, time expenditure, and emotional strain for the charity.
Orchard Employment Law’s proactive approach and expertise in employment law successfully mitigated the issue, saving the charity thousands of pounds and allowing them to focus on their mission without the burden of extended legal proceedings.
If your organisation is facing employment disputes or needs expert advice on employment law, contact Orchard Employment Law today. Let us help you navigate complex legal challenges and protect your interests efficiently.