 Ex employer pay dispute
Hi,
On Friday I received a letter from the courts stating that my previous employer is taking me to court for over payment of wages.
I want to dispute this but need some advice.
I working for the company from August 2006- September 2007.
In November 2007 I received £990 in my bank account from them.
Whilst I worked there I had a few months off sick. I had a sick note which I took to the employer. When I started I was told I got 8 weeks full sick pay. When I became sick they said it had changed to 2.
I then needed time off for an operation which the company said I had to book off as holiday.
While I was off sick I only received 1 payslip. Even though I kept requesting them.
I felt I was not receiving enough sick pay.
When the employer paid me the money they wrote to me a month later asking for it back within 7 days.
I wrote back explining that I felt I was owed sick pay, and holiday pay and I did not receive any of my bonus's. I also asked for a copy of my signed contract, payslips and any other details they hold of me. As advised by the Citizens Advice Bureau I stated in the letter that they have 40 days to give me this information under the data protection act.
I then received a letter from a solicitors stating that I owe their client money and I have made no attempt in resolving this. I then wrote to the solicitors and stated that I wrote to the employer asking for the information I needed so I could check how much they owed me.
I did not hear anything for 6 months. So I assumed they had dropped the case. On Friday I received a letter from the courts stating that my ex employer wants the money within 7 days with 33p a day intertest, £60 court fees, and 'other' costs!
I have called the solicitor and they advised that they never received my letters. I had sent 2 to them and 1 to the employer. I contacting Royal Mail and they apoligised that one of the letters had been lost. But as I have lost the tracking numbers for the other 2 they can not check. I do not believe that 3 letters send signed for delivery would go missing. So obviously the company was ignoring me.
If I go to court and lose I will have a CCJ, or of I ask for a repayment plan I will get a CCJ!
If they would just send me the details that I requested then I could look and see what is and isn't right. But as I did not receive any payslips am I supposed to just take thier word for it?
There is also a section on the court form to say I can put in a counter claim.
I want to do this as I feel my time their ended under constructive dismissal.
When I worked I became very ill at work, I could barely move and was very sick, my employer would not let me leave early to go to the doctors, a few hours later I was rushed into hospital for an emergency operation to remove my appendix.
While I was recovering from my operation I sent in my hospital discharge letter and sick notes to my employer. I then received a letter from then saying that they had checked my facebook page which states I have left their company and I have got a new job. As I was very I did not want to call them, so my mother called them and advised that it does not say that anywhere on my facebook page. It says that I work at the said company and then it lists my previous employers. And they read it wrong. She then asked them for an apology as they had received a letter from the hospital stating that I was ill after the operation and theyassumed I was lying and had a new job.
Also I feel that they have no right to use anything I say(even though I didnt say it) from my facebook page. That is my personal page and has nothing to do with them. It is a infringment on my privacy!!!
Whilst I was off my amount of SSP changed every week, which I thought was odd, and I did not receive any pay slips.
When I returned my manager asked to see my scar, which I thought was very inappropiate, I think they still didnt believe I had the operation.
I then needed time off for another operation which the company told me they could only let me have it off if it was holiday, as you can not pe arrange to be sick.
A few months later I had a week off work due to very, very personal issues. I had a note from the hospital explaining why and on my return to work I asked the manager for a private word. I explained the situation and showed her the hospital note and asked her to pease not tell anyone the reason I was off as it was very sensitive.
Within a week everyone knew. Not just managers but people on all levels.
A few days later the managers were stood next to my desk talking very loud. They were saying that they were very short staffed at the weeked and needed someone to cover. They had already asked me but I said I couldnt because I had only just got back from my operation and I felt I could not cope with working 6 days solid.
The manager then said to her manager that they had no one to work the weekends. The manager then looked at me and said well maybe the people that have had a F***ing lot of time off lately should do it. I felt this was out of order.
A few months down the line I was called into the office because I had been talking to one of my collegues on the phone in work time. It was literally for like 10 seconds when I was already on the phone to him for work purposes.
They advised that I can not do this and they were not happy. I told them I was very sorry and it wont happen again. They then insinuated that I was having an affair with the said person. They reminded me that I have a boyfriend (he was made redundent from the same company a few months earlier), I was not having an affair, but even if I was it had nothing to do with them. I apologised for the phone call, for more did they want?
A few weeks later I was called back into the office and I was advised that in 5 weeks time I would have been there a year. (and they were claiming that when I had the time off for an operation it was sick not holiday!!! I know it was holiday as I filled out the forms because they told me I had to)
And if I have one more day off before then, then they would have to let me go. I advised that I needed half a day off for a check up after my operation I had had earlier. I was then advised that if I did that they do not think that they could let me stay with the company.
I then asked that why the girl who had started the same day as me has had twice the time off I have but yet she is still there, and they advised that she had a lot more days off but on less occasions. That is ridiculous.
I then became ill again and whilst I was off I called my companys head office to advise that I am being bullied by the managers their and I felt that I could not go back.
The next day I am taken off the email list, my work accounts deleted and they had replaced me at work.
I did not once say I was not coming back. I was in a contract that states I have a months written notice.
After everything that had put me through I felt like a couldnt fight anymore so I gave in and did not go back.
I also thought they owed me money but with them giving me the relevent documents how can I tell?
If I take them to court regarding the money do you think I will win?
Can I also use the same court case to fight for constructive dismissal?
Do you think I have a good case?
Please help. I only have a few days to put my case in | 
Re: Ex employer pay dispute 
