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Strageway

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Everything posted by Strageway

  1. Cool thank you He has accused me of being threatening as the day I got paid, In a bit of a rage, I emailed asking him why I had been uderpaid and when he replied saying he was only paying me up to the 13th as thats when I started my new job. I tired to call him several time throughout the day and kept getting fobbed off and being told he wouldnt take my call. So to me it was obvious he was avoiding me and this clearly showed what his intentions was so I fired off an email saying if he didnt reconsider I would seek legal advice. Have I harmed my case doing this? I do see how its threatening but I do understand I should have asked again in the correct manner via written letter for proof before saying legal advice but I have no idea about all this and could not see the difference. He is allowed to refuse to pay me and mess me about but when I mention that I would take legal advice thats threatening! Can someone please point me in the direction of where I can find a "letter before action" template? Thank you
  2. 3 and half. It says on the letter they send me "You have worked for the company for 3 years and are entitled one months notice" So if this is not the case can I still use the letter as fire power? To me that letter is a contract or written aggreement of what the company was given me! Or is this not the case?
  3. Can oneone advice on the way I should format the letter before action letter? Received another email stating he has no intentions of paying it as he firmly beleives the the 4 weeks garden leave was given at his discretion and "not a legal entitlement" So I suspect im not going to receive a reply to my letter so am wanting to get the before action letter done and ready to fire off asap so I can start the 7 day counter. Once again I really do appreciate all the help I have received.
  4. Sorry one thing I forgot to add, He has requested that all correspondence now be sent to his outsourced hr manager/depo. Should I do this or should I carry of sending them directly to the director?
  5. I will do. Sorry I know it seems im asking for everyone to do the work for me but I honestly have no idea how to format or what to write with theses things. Would I say. something like. Letter Before action. I hearby give you 7 days notice from the date of this letter to pay all monies owed to me. I believe I am entitled to £xx for my 4 weeks notice from which I was told not to work. You have told me that, this 4 weeks leave was given out of goodwill and nothing more when actually the law states I must be given 4 weeks. You also mentioned something about what the alternative would have been but failed to mention this to me. I believe there has been a lot of failings ragarding this matter and all I wish is to be amicable and have the monies I am owed paid to me. Any more help would be greatly appreciated
  6. No did not state an alternative! If it will only cost me £25 to make a small claim then I will more out of principle! I was going to reply saying, "by law I had to be given 4 weeks notice so I have no idea why you say this 4 weeks leave was given as a goodwill gesture when it was you who told me not to attend work!" I however didnt as this is tit for tat but it annoys me that he can reply with nosense but I cant! So now, Do you go to the small claims court and make a claim? Do you know the process? and what claim I need to make?
  7. Yes I sent the letter that was kindly templated for me with the obvious adjustments via email but also posted a typed version today via recorded mail. His response "As per my previous email, we placed you on 4 weeks gardeners leave which was an act of goodwill on our side when you consider the alternative. Since you started your employ within this period we are entitled to reduce your gardeners leave accordingly. " Any suggestions?
  8. I will do They have replied. They are saying they wont pay it stating they are well within there rights not to pay me and to only pay me up until the day I stated my new employment! I pointed out the fact that they didnt give me a choice whether I wanted to work it or not so why should I be penalised by there own decision. I would have worked the 4 weeks notice if I knew they would do this! So with the letter they sent me cleary stating I didnt have to work it does that mean I have a good chance winning a small claims case or is it going to be a 50/50? Im just upset that the owner himself said to me in the meeting "You are free to find another job within your notice and even if you get one straight away I will still pay you" I obviosuly dont have this is writting but being an honest person and obviously a bit naive I didnt think to ask for it in writing. I hope you can get the gist of what help or advice I am asking for and can help me. Thank you in advance
  9. Thats great. Thank you ever so much for that. I really do appreciate it! Wish I could compose letters like that!
  10. Ow I thought it was free! I didnt know you had to pay to take your employer to one! So if I was dismissed from a job and it was done illigaly and I needed to take them to an tribunal it would cost me money? Back to subject, The amount he owes me is around £300 so probably not worth it! I find it completely disgusting that employers get away with so much but claim innocence but the minute an employee steps slightly out of line they come down on you like a ton of bricks and seem to have all the power! So, Im going to write to him and say the following. To the director, I am writing today to request the money outstanding to me, Which comes to a total of £xxx I response to your email regarding the reason you have only paid me upto the 13th of January, I would like to point out that it was you who said I didnt need to work my notice and that I could use my 4 weeks notice to find a new job. You also stated I would be paid up to and including my termination date which was the 20th of January. You sent me a letter confirming all of this, which I still have. You also missed a days annual leave on my final pay so I kindly ask that this be paid the same time as the missing 4 days wage. I would like to receive my payment via a cheque or bank transfer at your earliest convenience. I have attached a copy of the letter you sent me for your convenience. I eagerly await your response. I know this is badly written as im usless at stuff like this so I would really appreciate if someone could help me with it.
  11. Thanks for the reply. So I will send a letter pointing out his own words on the letter and ill also remind him of what he said to me saying he dont mind if I find a new job before and that I could use the time off to find a new job! What would be the next course of action if he ignores it or still refuses to pay me?
  12. Cool, So I was right then? Just want to make sure before I fire off my request as I dont want to do it to later find out I was wrong and look a idiot. Can anyone help me with what I should say in the letter? Im not very good at things like this as you can probably tell. Thank you
  13. He said to me "You dont need to work the 3 weeks notice and if you find another job within then ill still pay you" I received a letter saying how much redundancy I would receive. It also stated my end of employment is the 20th of January It also stated that I am owed 2 days holiday/ So does this letter mean I have to be paid up to the 20th? It was not me being lax with the paper work, it was all him. I would have been quite happy to work the 3 weeks notice but it was him who said I didnt have to. So now are you saying I am going to be penalised for his actions? This is exactly what the letter says. Further to our meeting xxx at which we served you notice of redundancy, we are now writing to confirm your payments. You have been with us 3 years and are entiltled to one months notice. As discussed you are not required to attend work during your notice period. Your employment with us will terminate on the 20th of January 2014. You are entitled to the following payments: Statutory redundancy pay at £184.61 per week for 3 weeks = £553.83 Plus the outstanding annual leave of 2 days which is due to you. Pay up to and including your effective termination. So to me that says I should have received pay upto the 20th and not the 13th. He also only paid me 1 days holiday which he conveniently didnt mention in his reply. Hope this helps
  14. Can anyone advice? Im eager to know so I can start to compose my reply to him. Thank you
  15. When I was made redundant he said I didnt have to work the 3 weeks notice and the 3 weeks notice ended on the 20th of Jan. It was not my choice not to work it! Does this change anything?
  16. So iv finally been paid but just as I thought its wrong. After phoning and my old boss refusing to take my call. I emailed him. He only paid me for 5 days and not 9. I received a letter from the company stating my employment would end on the 20th of January and stated how much redundancy I would get and that I was owed 2 days holiday. I got the correct amount for the redundancy but only got paid 1 days holiday and was only paid for 5 days not 9. I worked part time so should have been 3 weeks pay. In his email he has said that he didnt pay the 9 days because I found a new job and started on the 13th of Jan so thats the date he is paying me upto! Is this legal? Or does he have to pay me up until the 20th as stated on the letter they sent to me? Thanks for advice in advance
  17. He always paid me by BASC which was controlled by him, he paid the wages and our pay slips was generated and sent by a third party company. If we go by the official pay day then I would normally get paid in 12 days time! So basically I just have to hope my emails prompts him to get the payment sent to me instead of making me wait
  18. Every single information site I have visited all say it should be paid on the last day of your employment. The gov webites says, You should be paid your redudancy payment on the last day of employment unless a later date has been discussed and agreed by you! The points in the email was copy and pased from the money advice service, So I giving that infomration on what I beleived to be true information due to all the major info sites saying the same. Does the fact that the letter I received does not give a date I will receive my payment have any significance on when I receive my payment or does it mean it defaults to the last day of employment? Im upset as I believed I would receive this payment today due to what all the info sites told me and the fact that the letter did not state overwise. My mum works in HR and she also said I should have received it today! The other thing thats annoying me is the part where he says he will chase it up! He pays his staff, he dont have a payroll depo, he has always paid me via bank transfer from his account! I was always paid at the back end of the month but the day was random! One month it would be the 20th, the next the 30th, It seem he paid us when he could be assed or could actually do it! The time we was paid was random as well. One month would be there 9-10am others 2-6pm! Im glad im gone but I need to know where I stand. I have put myself in a bad situation, I made commitments on the understanding I would get the payment today so now I dont have the money to fulfill theses comits which are going to lead to me getting fines/charges etc! He seems to be wanting me to ok with waiting etc but he didnt seem to give any sort of dam about me when letting me go over christams apparently because he needs to save £3k a month and I was the only part time member of staff and the only 1 to be made redundant.
  19. Hello everyone, Need some advice please. I was made redundant from my work just before christmas. I was the only person in the company made redundant and the company is still trading. I received a letter telling me the day which will be my offical last day of employment which is 20/01/2014. It states how much I will receive which was broken down ie £x for notice period etc. It however does not have a date when this will be paid. It was in my understanding that I should be paid any monies owed on my last day of employment which is today. Am I correct? I emailed the company director today asking where my payment was and he replied saying "I will chase your payment up but its more then likely going to be next week" Now, he is the person who makes the payments so I dont know how someone chases up a payment that is done by that person if you get what I mean! I emailed back saying the following "Thank you for getting back to me so quickly. I cannot wait until next week for the payment. The law states that I should receive the following on my last day of employment Any redundancy pay, wages, holiday pay and other money due to you Job references from your employer. A letter stating the date of your redundancy. A written statement showing how your redundancy pay has been calculated. Your P45 (to give a new employer so you are taxed correctly). I have made financial commitments on the belief that I would receive my payment today. I kindly ask that the payment I am owed is sent to me by close of business tomorrow on the 21/01/2014. I look forward to your response " Is this something I should have done and if so, have I worded it ok? Any advice would be greatly appreciated
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