Final Pay Incorrect - What can I do?

[x-super-x]

Hi, I was wanting to know legally where I stand on underpayment from my previous employer..

I will try to keep the background brief, I was the supervisor of 7 within the department, One afternoon at the end of march we were all taken into a meeting and were each given a verbal warning for making defamatory remarks via the company email system. Basically the majority in the department emailed each other back and forth bitching about each other and everyone else. We were told if we did it again we would be sacked.

Two weeks following this 4 of us were called into the office and were told they were actually investing 4 of us further, Within the hour we were each in turn took back in the office and 3 out of 4 of us were suspended.
The fourth girl who made allegations regarding racism and the defamatory remarks in the first place was given just another verbal warning.

Myself and the other 2 were each wrote too and called to disciplinary hearing and presented with a copy of each email stating why it was defamatory, Mine being an email to my colleague ranting about how the racism claim was handled a few weeks before and that the manager was "useless"

So as they said my excuse wasn't satisfactory they fired me on breach of trust. The second girl who had constantly sweared on email quit in the meeting but told she couldnt quit whilst she was suspended the next day she received a letter saying she was also fired.

The third girl who had copies of 5 emails calling everyone in the office every name under the sun was taken back into work immediately following her meeting.

So even though we all received an identical letter saying we were suspended for defamatory remarks we all got a different outcome.

I have been told since basically I dont have enough evidence to take them to tribunal on breach of contract because in there handbook it states its general discipline not gross misconduct, I couldnt on unfair dismissal because I was only there 9 months.


My main issue is that after the disciplinary meeting they put me back on paid suspension, The meeting being on tues 15th april. They wrote and dated a letter on the 16th saying of the dismissal and I then received it on the afternoon of thursday 17th via recorded delivery post. However they only paid me up until the 16th? Should I be paid full suspension to the 17th because that was when I received the outcome. I have asked the company this and said they would review my pay when they checked royal mails website confirming when I received it. However royal mail have never updated my tracking number and they say theres nothing they can do to prove when I received the letter..


My response from work -

We are still awaiting confirmation from Royal mail as to date and time documents where received by you! When we have this information we will review your suspension pay!!!

I have chased it up since seeing as its been 32 working days since but They are still fobbing me off? What can I do?

[Conniff]

Vist your local Mail office where the postie came from and ask them to have a look at the signature card.

[x-super-x]

Sorry forgot to say, the letter was just posted through my letterbox so i believed my neighbour had signed for it I asked to look at the cardand they said they didnt have one for that delivery, The postman didnt realise it was recorded and hadnt made one out for it. They said theres nothing they can do because they didnt get a signature.

[vonnie32]

Could you write in a formally complain and give them 7 days to resolve? then if they don't suppose you could raise a small claim against them????

No legal expert just persistent me! lol

Good luck x

[Alexandra45]

That is an outrageous situation. The problem is I think that your payment could have 'rightfully' ended the day that they sent the mail out. There are many loopholes in the rules, and your old company seems to be good at finding them. I hope that I am not right and that you can legally get your pay until the 17th. Good luck!

[prushton]

just a quick thought, did your company have a policy regarding the use of email at work? and if so were you aware of it ? were you told of the likely consequenses of abusing this policy? were you informed that emails and the use of emails would be monitered?

If not you may be able to appeal your dismissal, also why didnt they sack the other person involved?