help with ex employer

[helpmeta]

hi , can anybody help with a problem i have , i was employed by a company direct not self employed, i gave 1 weeks notice but did not recieve all my monies that were owed , i have now got a cheque of them and they have deducted £1000 ..... reason being that they had to pay somebody else to put right my mistakes after i had left , i am quite sure that they can only do this to a self employed person or a subcontracter.... thanks

[Weird Al Yankovic]

Hello

 

It would be helpful to answer a few questions to help you, ok?

 

1 What are the dates of your employment, start and end?

 

2 Did you have a signed contract and/or written Terms of Employment?

(They are not necessarily the same)

 

3 Did you agree and sign anything for deductions to be made other than statutory deductions (ie other than for things like tax, NI)?

 

4 What was the job and are you a tradesman?

 

5 Why did you quit?

 

Regards

[helpmeta]

i was there for aprox 11 months , was a very small company only 4 staff, never had any contract or terms of employment, and never signed anything else, yes i am a plumber , was offered a better job. also the mistakes with the job were down to me ...... thanks

[Weird Al Yankovic]

Ok, well they have deducted this money unlawfully, that's for sure.

 

How long ago were the mistakes made and were you ever disciplined for them?

Edited June 6, 2008 by Weird Al Yankovic

[helpmeta]

about 3 months ago, no action was ever taken ..... any ideas on how to claim it back , have sent them a letter before action threatning small claims court , do you think acas could help , many thanks

[Weird Al Yankovic]

Well you have done the right thing in sending a letter threatening action.

 

You have a choice of county court and an employment tribunal.

 

The tribunal will be free but you will need to pay for a county court.

 

Personally, I find a county court much easier to prove a case than a tribunal.

 

I'd get in touch with ACAS first thing tomorrow morning. Do you have legal cover with your home insurance?

 

It covers employment disputes and your representation will be free and your claim appears pretty straight forward.

 

Good luck and tell us how you get on.

[helpmeta]

no legal cover with home insurance ... will contact acas and let you know what happens many thanks