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  1. Please can somebody advise? Partner was dismissed for gross misconduct - falsifying timesheets. Appeal has been made although no response has been received (only a week ago). CAB have advised they will help if it goes to tribunal (and I guess it will). Final payslip had large deduction made (presumably in line with supposed fraudulent claims) also approx 2 weeks holiday pay was missing - not mentioned on payslip. Previous payslip was missing all its overtime (quite a lot of hours). We have asked for a breakdown of the deductions (the amounts do not tie up with the hours/shifts being queried) but not received one. P45 was sent with final payslip so there is no reason to assume the holiday pay will be sent in time. We accept that contract of employment allows for employer to take back overpayments (although don't think there are any in all honesty). So, how do we insist that he provides an explanation of the hours deducted? And, what do we do about the holiday pay? Is it a job for the small claims court or do we need to wait for the tribunal? He's short a lot of money and its Xmas soon. On the plus side, he has got another job (although on less money) and they know what happened at his last place. Seems not all employers are scared off by a CV that says "I was sacked".
  2. Hi I applied for a job in October, on advertisement it statedthe salary was between 13,000 - 18,000 p/a after verbally accepting the joboffer in October I had no other contact from company despite asking for writtenconfirmation and/or contract on numerous occasions. I started at the company middle of December and againdespite asking several times for contract and told it would be sent to my office,to my address, it’s in the post I still had no confirmation of employment orpay details. I finally received my contract last week and my salary is nowquoted at 12,000. I spoke with manager and they said that company has a payrestructure and everyone has had a drop in wage and basically there is not alot they will do about it. Can they legally do this, expecting lower pay willleave me in financial difficulty? many thanks Undefined
  3. Hi I have got a Final Salary Pension with my current employer which I have had since when I started back in September 2001 I am currently ill off work where I have been since Feb 2012 After long discussions with my employer they have kindly offered me the chance of voluntary redudancy/compromise agreement instead of Dismissal, this will happen Feb 2013 May I ask what will happen with my pension? Or what should I do? Just to note I wont be returning to work in the near future due to my illness Any help would be much appreciated
  4. An hungarian friend works as a packer. He started the job on or around the 16th April 2012. He is paid monthly. On receiving his first months salary he found that he had been deducted £500 as a "deposit". I have told him they cannot do this. I asked to see a contract of employment, and I cannot see any contractural terms allowing for this, and he received no letters or notice about this. So the question is, how does he deal with this? I would suggest submitting a letter to the employer asking for this £500 to make its way to his next pay, but I am concerned that with working at the company for less than 2 years, he may suffer some detrimental effect as dismissal if he asks for this.
  5. My situation is as follows: Somebody rang the works whistleblowing hotline and made 2 allegations about me. Allegation 1: That when i had the opportunity to re-hire an old employee in January 2010 to a new position that i did not follow procedures in order to receive the companies referral fee, i have been accussed of stating that I would give 50% of the fee to the re-hire, that I would not advertise the job for the given period that i would interview him. Allegation 2: The whistleblower has stated that my current employer has overpaid me by £800 in June 2009 and I deliberately did not tell them. I was interviewed as part of a fact finding exercise to allow me to hear the allegations. What the investigator did not know was that in September 2011 my line manager was asked by somebody to investigate the referral fee i received - not sure who this was all i was told was that an internal audit had flagged up i had been paid this referral fee and i may not have been entitled to it, i produced all my documentation that clearly showed that at all points of the recuritment process that HR and recruitment were aware of the fact of me putting forward the old hire for the new job. In addition to this i had no control over the advertisement i was not involved, I was present at the interview but did not interview him i was there to talk to him about how the role had changed HR interviewed him and they made the offer of employment. I was then told verbally that this matter had been closed in September 2011 and i was told that maybe there was a conflict of interest as I was going to be the line manager but as HR were presented and all parties knew i was asking as referral then it should have been picked up before the payment was made which was incidently 5 months after he was offered the job. I was told at that point no further action would be taken. I have at no point offered the old hire 50% of the referral fee. Allegation 2: The whistleblower has claimed that I have been overpaid and have deliberatly kept the £800 over payment in June 2009. I have been through all my payments for the year of 2009 and no overpayment was made, however what i have uncovered is this, Feburary 2008 I was UNDERPAID by £800 then mid march i was paid the underpayment (800) as a one off payment however in my monthly March salary i was in fact paid the £800 so yes i have only just uncovered this due the allegations made, up until this point i had no idea and nor did my employer. Concerns: I am so worried that I am going to be sacked for gross misconduct and accused of theft, however their are circumstances that should be taken into consideration, in January 2008 my father who lived overseas died very suddenly and the underpayment occurred because i should have been paid berevement leave but my employer did not charge my time correctly hence the underpayment, and I do remember this because the reason i noticed i was underpaid was because i need to pay my mum for my ticket to go overseas to bury my dad but couldn't withdraw the funds, I contacted my best friend who also works at the same company but now we have fallen out and told her i didn't have enough money for my ticket she offered to give me the money if payroll couldn't pay me, so i contacted payroll who said that they would ammend this and would pay the underpaid amount into my account within the few days, which they did. As my employer had corrected the error before the next pay date I had no reason to assume that the following month my salary would have been overpaid as up until Febuary i had never had an inconsistent pay packet. So i carried on with my daily business without thinking anything of it, i was obviously completely distressed about my father and in addition to this i was going through a breakup with a partner who also shared my account so going through my bank details on regular basis is not something i do. Money was going in and out of my account i was trying to sort out berevement and a breakup payslips were paper and not given to us all the time. What i am worried about is that my employer is going to say to me how did the whistle blower know it was £800 if you didn't tell them, I honestly don't know other than the fact that it appears my ex friend has a grugde and it is conincence that the amount is the same she knew about the underpayment because she offered to buy my ticket also how come my employer cannot identify the error ? and we have both had to wait for a whistle blowing allegation to be made before this error has been uncovered. Please could somebody give me some advice here, I have been with employer for 7 years and i love my job but I feel totally devested. I have not been suspended yet I am told this is just fact finding.
  6. Hi I have handed my notice in at work and as required am working out my notice in line with the company rules (1 month). Staff are paid salary (I am not hourly paid) on 25th of each month (or earlier if the 25th is a weekend or bank holiday) i.e. 12 times a year x 1/12th Salary My last day of work falls on November 23rd which is pay day for that month. I have now been told that I am only entitled to an amount equivalent to 17 days pay as this is all of the days I will have worked in November. Even though this is one calender month after last pay day. I have now been told that we are paid partly in arrears / partly in credit and that the salary payment on the 25th of each month is to cover that 'whole' month. This is not stated in the contract of employment or employee's handbook, all that is stated is that we will be paid on or around the 25th. Is what I am being told by the company legitimate or not? Thanks
  7. On the 12th September I resigned after working for company for just over 6 weeks. I gave the company 7 days notice a) to provide me with income till a contract I had accepted started, b) finish up some outstanding work. I was not happy in the job. I should add I had not signed a contact of employment, and have based everything on Statutory basic rights. On the 13th September I was told to "Please treat yesterday as my last day" - in other words I was fired. There was no negotiation on the notice period. I was devastated. I eventually returned the key which was the only company property (physical property). Because I was fired (or at least I believe I was) I did not return some work till Monday the 1st October - but as I was fired without following through the correct legal process I didn't feel compelled to and neither was there any emails or letters requesting this. On the 28th I did not receive my salary of 8 working days (at the minimum and 2 days holiday accrual). I believe I should also be entitled, to 5 days Pay in lieu. I have never received a Payslip, P45, or Letter stating why my salary has been deducted by 100%. The company will not talk to me. I have engaged ACAS to help.... and to start a pre-claim consultation. I am now behind on Rent - and am struggling to meet my financial obligations. ACAS say this process can take 2 weeks to do and then there is no guarantee salary. The question is - what have I done wrong? Is a company legally allowed to deduct salary? Is a company legally allowed to withhold salary? I am aware a company can make legal deductions - such as NI etc. I am worried the company may try to make a case that somehow I have damaged there business. I had previously tried to resign, and there was a comment made by the owner that I had "f**ked them". After 6 weeks? Although I have never signed a contract saying I would stay x amount of time. As an hypothetical, it seems that it is fine for me to be fired after 6 months for poor performance.... but if I am not happy with the company and choose to resign to pursue other avenues, this is not allowed. I should add that yesterday, I was forced to quit the contract after only 4 days, due to ill-health affecting anxiety and depression because of this non-payment of salary without any explanation. The owner is a very rich gentleman, so cash in the business should not be an issue. Michael
  8. Apologies if you are reading this twice but my first post hasn't shown up ... I work as a Customer Servcies Advisor on a job share basis 40 hour week (we both work 20 hours). On Wednesday the company owner said that as of Monday 1st October our hours are to be cut to 12 per week. This makes our job untenable and as we have had not notice of this change we have paid childcare fees in advance. My contract says that my hours of work 8.30am-5.00pm can be varied but it doesn't mention that they can be cut. I have not agreed to this and I asked the owner for a meeting to discuss this and asked for the proposal in writing. Other than being told that our performance was good but that the company needed to cut costs there was no explanation and we were not allowed to discuss options. Then on friday we received a letter to say that the cut becomes effective 1st october and that our job role has been changed to 'sales'. We have until 31st december or before to increase company profits and excel in the role or our employment will be terminated. Is this enforced cut a breach of contract? We have not agreed to it or even been consulted on it? Or can the company owner do as he pleases as ACAS advised me?? Any advice would be GREATLY received thanks
  9. Hi there, I am serving my 5 day notice from my current job. I have being an apprentice for 4 years, and the job at the end of it wasn't what I expected. I was sent on a HNC course by my company and made to sign a contract. It was a two year course, and I signed two contracts. I quote: "If you leave out employment for any reason within one year of receiving this financial support, the company reserves the right to deduct the full value of the course fees paid from your final salary." "If you leave out employment for any reason within two years of receiving this financial support, the company reserves the right to deduct 50% of the full value of the course fees paid from your final salary." They have said I am liable for over £1800, my final salary (week in hand, plus few holidays) is worth a few hundred. But they are claiming I need the pay it all. Is this true??? Also I have read on the Direct Gov website: "A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it." Does this also apply to me, or have I forfeited that right? I don't mind them taking my final salary and I was lead to believe this is all they can take. Thanks for reading and all your help,
  10. Hi, I wonder if anyone can give me any advice. I changed my bank details with my employer last month and should have been paid today into my Natwest account. As it turns out, I gave the wrong details to my employer so totally my fault. The account number was a digit incorrect. So I spoke to my employer who advised that the account number I had actually given them is invalid so I would need to speak to Natwest to see whether this had been transfered to a suspense account or whether it would simply be rejected and sent straight back. I've since spoken to several different people at Natwest and received different information from everyone I've spoken to. Firstly I was told it would be immediately rejected, then that it would be rejected over night and lastly that it wouldn't be rejected at all, my employer would need to contact them with the faster payment reference number so they could release the funds. I'm not convinced that it's likely my wages are paid my faster payment? All of this was completely hypothetical as no one could discuss anything other than my own account. Until the money is back with my employer they won't release it to my actual account (which is fair given that this is totally my error!). My employer is under the impression that it will probably be returned to them within 48 hours. I just wondered if anyone knew anything about this kind of situation regarding how long this is likely to take to get sorted? Obviously got things to pay for shortly so not likely the sound of "probably"! As the account it's been sent to is invalid, is it likely to be put in a suspense account and require transferring or are they more likely to bounce it back? Any help greatly appreciated!
  11. Hello, I was terminated on the 3rd of july. My last paycheck should have been on the 31th of July. I received yesterday a letter stating that I had destroyed crucial documents. I did not destroyed anything before or after my dismissal. Before, I couldn't considering that those documents were capital in my daily work and after my access to the company system was blocked immediately. Moreover, they notified me of this "destruction", 23 days AFTER my termination, anyone with access could have done it since. In spite of those facts, my company is withholding my last payment. What should I do?
  12. Hi Guys, I recently had an illness which prevented me from working for almost four weeks. The start of the illness coincided with the Bank Holiday Easter Weekend. As a result of the holidays, I was unable to get a doctors certificate until the Thursday after the weekend, ten days after I first called in. In the meantime I had been in regular contact with my employer, e mails, phone calls, but come pay day I was docked ten days wages without any warning. The first I knrew about it was when I logged into my bank account to pay my bills. I have had a meeting with the manager who made the decision. He couldn't justify the deduction, nor the amount of time I was deducted (salary cut off date was less than the time deducted). My question is, legally, should I have been told of the forthcoming deduction? The meeting was very acrimonious due to the very distinct lack of apology and the threat to put an entry into my staff file, to which I would have no recourse. Future prospective managers would see the entry and make assumptions about me, ie, troublesome. (I'm not, but I do stick up for unfairness at work). If I wanted to see my staff file, would it be a SAR or an FOI request? Any help/suggestions would be very much appreciated Buncrana.
  13. When I recieved my p60 it showed that I had earned £450 more than my basic salary. I dont earn any bonus so I questioned my employer about this. I was told that 2011/2012 was a 53 week year, this still doesn't make any sense to me as I earn much less than £450 per week so how can this be right? I get paid the last friday in the month so sometimes its 4 weeks pay a month and occasionally 5 weeks pay but still only 12 monthly payments in the year. Confused!
  14. Hi My partner left her previous employer around 6 months ago and she received a letter a couple of weeks ago from a Debt Collections Agency. It states that the overpayment of £178 was a "mistake" but the letter includes no details as to how this calculation has been made. It also said her previous employer had tried to contact her to resolve, but been unsuccessful, however she had received no previous correspondence from them. We wrote the DCA an email stating that we require confirmation of how the overpayment was calculated and that we were not willing to deal with them because it's a dispute between ex-employer and ex-employee. They have since sent a threatening legal action, but still have not provided any details about the overpayment. They have also added a £15 administration charge!! We would be very grateful for any advice you may be able to provide about what our rights are. 1) Do you have to deal with a debt collections agency when this is a dispute between an ex-employer and an ex-employee? What are our rights? 2) No details of how this overpayment was calculated have been provided by your previous employer or by the debt collections agency, so how do we know this is legitimate 3) Why should we have to pay an admin charge to a debt collections agency that we didn't want to deal with?! It's not like we asked them for their service, surely any moneys for their services should be paid by the employer?? Thanks Keith
  15. Hi, I'll keep this as brief as possible. Essentially I'm looking for advice, experience of this problem or pointers on when I can get some free legal advice. I left my teaching job last summer. I resigned in April 2010 and emigrated to Canada in August 2010. My school paid me in September and October 2010 when they shouldn't have. Prior to leaving the school I was advised by more than one member of senior management that I would be paid a months in arrears because I started a full time contract in the middle of a pay period coming off supply. Therefore I thought nothing of the September pay, but when receiving the October pay I contacted the LEA payroll and informed them on 1st Nov 2010. They told me they would look into it and get back to me to let me know if how much I'd been overpaid was correct and how it could be paid back. I give them my full contact details in Canada (phone, address, cell phone, email). Two weeks pass. Nothing. I contact them again and they apologise for not getting back to me and for bringing it to their attention. They said they would deal with it and come back to me. January 26th 2011 comes around and they send me an invoice REMINDER for the full amount and an offer to pay them back via a payment plan. I pick this up from my old address as I'd moved 1st January (still in Canada). I call them and tell them I'd heard nothing from them for almost three months and then an invoice reminder. No 1st invoice, no answer with regard to why I owed them two months pay and not one. They apologise, tell me they will put the invoice on stop and look into it. I give them my new full contact details (new address, new phone number, email and fax). Feb 1st I get an email from HR telling me I do in fact owe two months salary, despite being informed by the school I would be paid a month in arrears. I also get another apology for not keeping me in touch or getting back to me far sooner. I get another thank you for bringing this to their attention. Feb 7th I email them back (HR and Accounts) on the email addresses the provided me to tell them I cannot pay the full amount, but will happily set up a payment plan of a minimal amount and could they contact me with their bank details and discuss if my offer was agreeable. I hear nothing. May 3rd they send a letter from their county council solicitor to my PREVIOUS address demanding I pay the full amount by May 10th or I will incur legal processing, costs and interest. I receive this letter on June 25th due to it being sent to my previous address and postal strikes here in Canada. I know I owe them money, that I am not disputing. I am disputing their methods and incompetence in dealing with this. Can anybody help answer the following: Where do I stand legally? Where can I receive legal advice free of charge? Does anybody have experience of this situation? What steps should I take next? (I have drafted a long letter to their solicitor reiterating my offer and highlight the exact chain of events in detail and disputing their methods and incompetence). I would add I am no longer a member of a union and I don't teach here in Canada. I now work in the private sector. Thanks in advance!
  16. Hi everybody I need your help, but first of all sorry about my english... I am french and i lived and worked in UK for 3 years in march 2010 i decided to move back to France so i resigned from where i worked, received my last payment but not my p45 In france i kept asking to my ex employer for my p45 because i needed it in france otherwise i couldnt find a job! but i didnt receive it June 2010 my ex employeur sent me a salary of 1200 pounds??? i called them asked them what it was?? error from them!!! I sent it back and asked for my p45 July 2010 still no p45 but another payment of 1200 pounds i called them again...error again and i sent back the money! August 2010 still no p45 yet another 1200 pounds in my account this time i called them but i keept the 1200 pounds! i want and need my p45!!!!! but nothing...today we are end of january 2011 and they ask me for the money and more apparently i havent sent them the one of july!!!! 2400 pounds!!! what should i do?? i dont wana send it because i havent got my p45 and if i wasnt honest with them they wouldn't have known! i want to ask them to pay 50 euros per month + bank fees in france...they'll get the total money in 2015! but is it legal? and is it legal from them? i mean what about the taxes in that salary, how did they justify to keep paying me after i left?? help please!!!! i am in france now and i dont know what to do!!! thanks a lot for your help!
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