Employment tribunal advice please help!
Hello everyone, I’m in a Uber style, gig economy, related battle and I need some help. England.
Long story short I work for an app. The app acts a platform where cafes can find baristas to fill in last minute shifts. Baristas can accept or reject shifts at there own digression. They are identified as a freelancer/ contractor.
The company identifies as an agency on the government website.
My case is slightly different. The last 10 months I have been situated in one building. I’ve worked consistently the same hours over 12 weeks, fully integrated into the company, cannot control my pay, working hours etc… I’m 100% convinced I am to be classified as a worker not freelancer.
I have gone through an early conciliation process with ACAS and didn’t reach an outcome. I asked for £2000 in unpaid holiday pay and the rights to an employment contract. This was approximately three months ago. I still have the certificate to take it to a tribunal.
Here’s the twist. I wasn’t going to bother taking it to court as at the time I would be completely skint by missing work whilst in court. However since then, the company has lost the contract and I’m now employed directly with another. This time a full employment contract.
I’ve worked out I’m owed about £3000.
I’m really annoyed with how I was treated with company and I want to go to court.
Firstly, is my certificate still valid? My new employment contracts start. This coming Monday.
Secondly, would taking them to court even be worth this amount?
Lastly, would I be entitled to any kind of Compensation on top my claim? They’ve screwed me and not withheld there end of the contracts and have stopped all communication with me. As a result I’m out of pocket.
Any advice would be greatly appreciated. Thanks!
Posted Nov 1, 2023, 4:03 PM UTC