I've been stitched up by my (former) company.

[JMC160]

Hi all.

 

It's been a long time since I've posted here but I think I've been screwed over. Here's the story:

 

I was working 6 months probationary period for this company and 5 months into it I wanted to talk to some people about some concerns I had so I could get some answers, resolve the issues and get on with things. I was given some vastly unsatisfactory answers to my questions and told there would be a follow-up meeting to find out my decision.

That meeting was yesterday.

 

I had decided that the job itself was good enough to overlook the issues and carry on with it as I really enjoyed the job itself. Upon telling them I was happy in the job and would like to carry on with it, they suddenly decided it was time for a disciplinary meeting and I was dragged over the coals for three very trivial matters - one of which was my sense of humour.

 

No mater what i said or how I stood up for myself, they refuse to listen to me and told me they didn't believe my sequence of events. They subsequently dismissed me.

 

The company has a policy on training, that if you leave within a certain period, you have to repay training costs. I was told that as a "gesture of goodwill", they would withhold my holiday pay and week-in-hand payment and offset it against these training costs.

 

I was tired from the arguments and the three hour drive to the office, so I gave up and signed the form just so I could get out of there. But on refleciton, my feeling is:

 

Training courses are charged at a high rate and I don't think it's fair that they committed me to them within my probationary period.

 

The courses I did are essential for the job I was doing (I did no optional qualifications) and without them, I couldn't have gotten a true view of whether I would like the job.

 

They've sacked me, so why should I be liable for the costs anyway? This was their choice so surely they should take responsibilty for the costs?

 

I'm sure they're not allowed to withhod money that I've earned/accrued.

 

Any advice would be a great help.

 

J

[advisee]

I'm sure they're not allowed to withhod money that I've earned/accrued.

 

Quite correct. I suggest that you send a letter, along the following lines:

 

Dear HR Manager - Appeal Against Dismissal

 

I am writing to appeal against my dismissal that occurred on Fri 21st Dec. {insert reasons as to why their three charges against you are a load of rubbish}

 

I was also asked to sign under duress, a form purporting to waive my rights to holiday pay and notice pay.

 

Please note that this form was signed under duress, and that I understand that it is not in any event possible under the Working Time Regulations 1998 (as amended) for me to sign away my statutory rights to holiday pay and that my right to notice pay can only be signed away in limited circumstances.

 

In respect of your wish to deduct the cost of a training course from my final salary, please note that I have not at any time agreed to this deduction, and if you proceed with making it, this will represent an unlawful deduction from wages, which I shall pursue in the employment tribunal, along with a possible claim for wrongful dismissal and unpaid holiday leave.

 

If I do not hear from you within 28 days, I will commence proceedings for the above without further recourse to yourselves.

 

Regards