With-holding monies

[rooney78]

My previous employers were apalling and I have a list of gripes with them. Especially after resigning in April but staying on until the end of june to help them out but the one that is grieving is me is as follows:

They are with holding money that is mine and they have not stated a reason. I do not know how much I am owed but it includes, holiday pay, a bonus for issuing a fixed penalty notice (i was a dog warden) and 4 days work.

I can summise that they are holding back because of a parking ticket that I am disputing - not with them but with the ticket firm.

What can I do?


Ian

[mrsfoot]

Write to them and ask for the money to be paid within 7 days or you will progress to the small claims court. The parking ticket...was that for a company car? If so they can call the ticket issuer and tell them your details as your are personally liable for that. If not then it is nothing to do with the company.

[Weird Al Yankovic]

If you resigned in April you may now be out of time to bring action. Hurry up!

[gemspan]

Hi there

What sort of correspondence have you had with them? Have you written to them and ask them why they are withholding the money? If not, I would write them a letter and send it recorded delivery. State that you calculate you are owed XXXX for dong XXXXX work plus bonuses and yet you havent received this in your pay. Bearing in mind you worked past your notice period this is bad on their part and I would point out the fact that you stayed on to help them out; if you had left at the end of your notice period you could have had another job and earned that money.

Get them to state the reasons why they are withholding the money so that you have this as evidence if you have to take the matter further.

I would personally want to try and sort this out amicably because you may need a reference. If they dont play ball then change your tactics.

I didnt know that dog wardens get bonuses for issuing penalty notices? Was that for dog fouling? Interesting!!! We have special wardens in Edinburgh specifically for that. You hardly ever see a dog warden around!

Good luck. Please let us know how you get on.

Kind regards
Gemspan

[rooney78]

Hi all, thanks for the help.

Weird Al -Although I did resign in April, I didnt finish till the end off June. The employment tribunal says that I have to put my grievances to my employers in writing, then wait 28 days and then after that pursue the matter further. Although I have spoken with them verbally and emailed plenty of times, these do not count. So looks like I got to play the waiting game. Thats what you get when you set up a business thats in competition eh!

MRS - Yes, was company car and surely notifying the firm who was driving, thats for them too worry about not me, Im dealing with the fine myself and I have been 100% open with them about it.

Gemspan - Sadly, my previous employers were very amateur and yes, rather innappropriately paid bonuses on tickets issued. in the other matter, they were so badly run and I was so laid back that I have no idea of how much money I am owed, holidays, etc. I will try your advice though and have to not quote a figure.

Thanks all


Ian

[Zamzara]

If you simply wish to recover wages owed then I don't see any reason to use an employment tribunal: the small claims court should be fine for this.

Is this the same parking ticket as in your other thread?

[rooney78]

Zam - yeah, its the same ticket.

[Weird Al Yankovic]

Originally Posted by Zamzara

If you simply wish to recover wages owed then I don't see any reason to use an employment tribunal: the small claims court should be fine for this.

Although it would cost to bring an action in the small claims, a more lengthy wait and the danger of having to pay the others costs if you lose.

I can see no valid reason to choose over an ET.

[pt2537]

sorry but i have to totally disagree with you weird al, ifthis case is a clear case of employer witholding wages contrary to the contract of employment then it would be more than suitable for the small claims court. small claims cases unless transfered to the fast or multi track are fixed fee cases anyway so unless you behave totally unreasonably you cannot have costs awarded against you.


i would suggest that this would be equally suitable for the small claims as it would for a tribunal


regards
paul

[Weird Al Yankovic]

Originally Posted by pt2537

sorry but i have to totally disagree with you weird al, ifthis case is a clear case of employer witholding wages contrary to the contract of employment then it would be more than suitable for the small claims court. small claims cases unless transfered to the fast or multi track are fixed fee cases anyway so unless you behave totally unreasonably you cannot have costs awarded against you.


i would suggest that this would be equally suitable for the small claims as it would for a tribunal


regards
paul

You seem to be assuming quite a bit here though.

Even the most 'clear of cases' end up anything but. Indeed, I would suggest that the term 'clear case' is seldom used in litigation because of this.

Contrary to what you believe legal costs of up to £285 can be claimed back by the winning party in the small claims. As can the travel and loss of pay of witnesses, if they are required.

Added to this most probably a more lengthy wait for a hearing.

Nobody here is able to recommend one route over another from what has been revealed up to this point. Nobody has even seen the contract of employment to see if there is a prospect of success.

Therefore, I repeat that I see no valid reason to choose over an ET on the info so far provided. Other than the extra money at stake if he loses for, probably, the same remedy if he wins.

Seems pretty silly really.

[gemspan]

Originally Posted by gemspan

Hi there

What sort of correspondence have you had with them? Have you written to them and ask them why they are withholding the money? If not, I would write them a letter and send it recorded delivery. State that you calculate you are owed XXXX for dong XXXXX work plus bonuses and yet you havent received this in your pay. Bearing in mind you worked past your notice period this is bad on their part and I would point out the fact that you stayed on to help them out; if you had left at the end of your notice period you could have had another job and earned that money.

Get them to state the reasons why they are withholding the money so that you have this as evidence if you have to take the matter further.

I would personally want to try and sort this out amicably because you may need a reference. If they dont play ball then change your tactics.

Good luck. Please let us know how you get on.

Kind regards
Gemspan

Hi there

I think we are all assuming that the employers wont pay the money. As the OP said, he is going to put his grievance in writing and wait and see what happens.

Lets just hope that this gets sorted out amicably because, either way, IT or small claims is going to be hassle. Best cross that bridge when we come to it, dont you think?

Kind regards
Gemspan