Urgent advice needed - wages

[animal_lover]

I started at my new job back in Feb this year after being out of work due to illness for nearly a year.

 

The first few months i did lots of overtime to try and start getting back on track with my finances. but since i was new i didn't have a clocking in card for about 2 months and the only way they would Know i was in was from the visitors report.

 

anyway my first wage was completely wrong so i spoke to them and asked if they would kindly sort it out but no one did so i asked again after being paid 3 weeks later(pay dates were all funny due to new tax year) as it wasn't in my wages and they told me i would have to wait till the next pay day to recieve it and they would look into it for me i got told it had been sorted but by the next payday and it wasn't. i was off again due to illness for 2 months i went back in July even though i wasn't completely better otherwise they would of sacked me as i've had alot of time off in the short time i've been with them for the same illness that kept me out of work for nearly a year.

 

anyway i asked my team leader when i returned to look at it for me and she told my line manager about the hours i hadn't been paid all he had to do was authorise it for me so i would recieve it in my wages last week but he didn't. Everytime i mention it they always say they'll look into it but i never get it and to make matters worse when i wen't back i temporarily cut my hours down until i felt i could do my 40 hours again and somewhere along the line they managed to screw my wages up and have only been paid for 9hrs when it should be 64hrs i've spoken to them about it and he asked me how much i thought i was owed probably to see if what i say is less than what they do so they could just pay me that. now there telling me i've got to wait until my next payday at the beginning of September for it they owe me nearly £800 in total i live on my own in my own flat and they expect me to live on £120 till the beginning of Sept,.

 

also i've had two charges worth £50 taken out of that which leaves £70 for a month.

I really want to get this sorted i could really do with some advice on this, As i really want to leave but can't until i get this sorted my whole time at this job has been a nightmare i can't wait to be over.

 

So any advice would be greatly appreciated, Thanks

[gemspan]

Hi thee

 

Im sorry to hear you are having trouble with wages. I know what its like to live on your own and you have to budget to the last penny - especially in this day and age!!

 

I would write a formal letter to your manager and copy in HR. The company has a legal right to pay you for the hours you have worked and they are failing to do so. You should not have to wait until your next pay to receive your money. They could just as easily work it out now and give you a cheque.

 

I dont know if this would be classed as constructive dismissal if you decided to leave. Hopefully somebody will be along later with more advice on that front.

 

I have the same problem with my salary every month. They never get it wrong in the upward direction - only the downward direction. I am leaving at the end of this month and will be making sure I have everything that is owing to me.

 

BTW if your company knew that you had been ill prior to employing you and you are off with the same condition, then this seems unfair to me. If you dont mind me asking would the condition fall under the Disability Discrimination Act. Somebody will be able to advise you on that. We have some really good peeps on this forum who are very knowledgeable.

 

I certainly wouldnt be working for no money. You would be better off not working as the act of going to work actually costs money and that is probably going to eat up what little you have left for the month.

 

Good luck

Gemspan

[elche]

I dont know if this would be classed as constructive dismissal if you decided to leave. Hopefully somebody will be along later with more advice on that front.

 

You can't get much more of a fundamental breach by an employer than one which results in you not being paid for your work (an unlawful deduction from wages possibly) - so yes this may be CD. The practical problem for you is that if you did resign and claim CD it could take even longer to get your money.

 

Either write an informal letter / e-mail explaining why you believe the payments are short, or send a formal grievance letter, and let them know that should you incur any bank charges etc due to their breach you will be seeking to recover these in addition to unpaid wages.

Edited August 14, 2008 by elche

[animal_lover]

BTW if your company knew that you had been ill prior to employing you and you are off with the same condition, then this seems unfair to me. If you dont mind me asking would the condition fall under the Disability Discrimination Act. Somebody will be able to advise you on that. We have some really good peeps on this forum who are very knowledgeable.

 

I think it is classed as a disability but when i applied for Disability Allowance they say it's not but i have read a few times that it is so i don't know . i'm not very good on the law side of things so i'm not sure if it falls under the Disability Discrimination Act.

Edited August 14, 2008 by animal_lover
Missed abit out

[animal_lover]

Can anyone help me with writing this letter i'm back in work tomorrow morning and would ideally like to have it ready for them. I'm just not sure what to put in it as i'm not quite sure i'm owed as in my first weeks wages was completely messed up. When i checked with ayroll i was only down to do 14 hours which is what i was contracted to at the time but got paid nearly 300 for it. which isn't right.

 

I know how many hours i'm owed upto that but that first week is messed up. I dn't want to say they owe me more/less than what they do.

 

Any help would be greatly appreciated. Thanks

[elche]

Whilst, if they sack you for claiming a statutory right (e.g. unlawful deductions from wages) you wouldn't need the normal 12 months service, as always as you have been there less than 12 months and clearly need the money - tread carefully.

 

You could write something like:

 

Dear Sirs,

 

I am writing because it appears I have been consistently underpaid since starting work.

 

When I started work on Date it was agreed I would earn 'X' per hour.

 

During the month of (MONTH), I worked (X) hours yet only received (Amount). Thus I calculate I am owed (X) in wages for the month of (MONTH).

 

(Repeat the above for each month)

 

Thus I calculate, in total i am owed (Amount)

 

Perhaps this was overlooked by you?

 

As you can imagine this is causing me considerable hardship, and I am struggling to meet my outgoings which could lead to me incurring additional charges in late fees, overdraft charges etc

 

Therefore, please fwd payment or your reason for not doing so in next seven days, so we can resolve this matter amicably.

 

Yours .....

 

You could also mention what you have done thus far to attempt to rectify this.

 

Hope this helps

[animal_lover]

Just to update. So i could write the above letter properly i asked wages at work for a copy of all the hours that have been put through and what i had been paid for so i didn't make any mistakes with it but the computer had crashed so she couldn't print it out. so i explained to her the situation about not being paid my normal hours since i returned from illness and the fact that most of the overtime i have done since i started in March I haven't recieved and that both my managers told me that it was sorted and that I would have to wait till September to recieve it. And would you believe it no one had been to her about my wages or the overtime that i asked to be sorted on many occasions since i started as it has to go through her first and on a better subject she said i don't have to wait till September. She says she will sort it for me on Monday so i'll recieve it in my September psy but she will get my manager to give me an advance and then give it back when i get paid but that means i'm gonna get most of it taken off in tax now anyway. I've really had enough and what surprises me most is that it's a very well know high profit making retailer

[Allwood]

I had the same problems but a lot worse with a well known high profiable retailers as well...they have two words in their name and sometimes there is a Your before their name.

 

My problems was with everything you could think of including unlawful deductions as well as breach of DDA, harassment and discrimination. They stop my SSP despite many telephone calls writing they would not tell me why my salary was stopped. When I asked for special leave I was told I could leave the company also I was told the same when I asked for my hrs to be changed for Safety purposes I was told to get a job near home if I was that afraid to work late nights....lovely company so different to what the public and or shareholders perception of them is.

 

The company also kept denying that they received my medical certificates when I sent them in to the company, they wanted me to ring in everyday until they told me that they had received my medical certificate this was after an accident.

 

This dreadful company also would not let me have my annual leave without giving evidence why I needed to take it despite giving over two months notice for 5 days leave and even when I give the tangible evidence they gave me a terrible time they were aware that I needed the leave for caring purposes, also they refused to let me have any of their caring options in their staff hand book.

 

Others in the company do not have any problems getting their leave and special leave when they requested it. If you are a good worker the manager do not want you to take any time off regardless of what it is for. Managers are so bad at their job they tried to make examples out of good workers to show what they can do because they are too afraid of the race card with others in the company.

 

The company is not do not recognized a union and they investigation themselves however I am in a union and it is a wast of time as I had to do everything myself, they were more of a hindrance than a help no wonder they get away with so much as they know no will take them to task:mad:

 

Best of luck with getting your backdate pay.

Edited August 18, 2008 by Allwood

[animal_lover]

Can anyone give me any further advise on constructive dismissal and the Disability Discrimination Act as i have alot more problems at work than just my wages. also i've looked on a few sites and saw that you can claim compensation for loss of earnings etc can anyone give me any further advise on that. It would be very much appreciated

Thanks

[animal_lover]

Bump - anyone please

[animal_lover]

I just wanted to update.

 

It has now been a week since i last had a proper meal. i've constantly got headaches/migraines that tablets don't seem to get rid of. I'm being sick and have now started fainting and all this is aswell as my current medical problems.

 

Anyway my wages didn't get sorted on Monday so i still have no money. they told me the only way it can get done is by it being authorised for her to do by the same two people(managers) who keep fobbing me off. I've got no help from anyone as i have no family or friends who are close by to help and especially with the credit crunch they can't lend me the money.

 

I've been looking up on Constructive Dismissal but i've been told by my Rent officer that you have to give dates and times and well i didn't think it would of gone this far to write it all down.

 

My Sky has been cut off, my Phone and internet is next and i've also got Npower sending me letters threatening to disconnect me and if that's not enough i also have a possesion order on my flat and if i miss any payments i will have my flat taken off me and be homeless and guess what i've missed two. So i desperately need help and work don't seem to care i'm at my wits end i don't know what to do. Can someone please help me

Thanks

[Ell-enn]

Hi there, you have the right to go to an Employment Tribunal to get your money. You can also try and reclaim money you've lost (including the extra losses caused by you not receiving the money on time, for example, bank charges) by making a breach of contract claim.

 

I suggest you call ACAS Acas - Regional offices and national teams

tomorrow morning. They will give you the expert advice you need.

 

Kind Regards

 

Ell-enn

[animal_lover]

Great i'll do that thanks. Obviously with me not being well because of the reasons in my previous post, I was gonna make an appointment at the doctor in the morning to try and get a sick note as along as they hold out on my money the more ill i'm gonna become as i already suffer with stress, depression and i have very high blood pressure and an overactive thyroid. and it's been a week since i last had a proper meal for my tea i've just had two tins of spagetti and it was delicious but i better not eat anymore as it has to last me another two weeks lol

At the min with no promises i'll get paid for what i'm owed and any future work i don't really see the point of going in.

what sort of things can i put as extra losses as this has been going on since March this year.

 

Thanks

Edited August 21, 2008 by animal_lover
Didn't finish post

[animal_lover]

I've spoke to ACAS and they have told me to put in a written complaint as my next step and that usually they have 28 days to reply but If they don't then i can go to the employment tribunal to reclaim any money outstanding. And also to write a complaint about the way i've been treated because of my illness. As i've had my illness along time the lady i spoke to thinks that it does class as a disability but she has given me a number of an organisation to ring to find out further details to make sure.

 

But then what am i meant to do in the mean time i've got no money at all no food or nothing. I've not gone into work today as i feel like crap so know i've lost out on more money. I really just want to leave but the lady said it would just be a normal resignation and that i can't claim Constructive Dismissal unless they dismiss me for reclaiming the money owed.

 

Can anyone help me with what to put in these letters of complaint as i'm not very good at writing them especially on the law side of things.

 

Thanks

[Dipply75]

Hi Animal Lover, my heart really goes out to you. Employers can be almost impossible to fight at times. If you really need urgent cash to survive you could try applying for a crisis loan from the benefits agency.

 

You do NOT need to be on benefits to apply - check this link and I would also either phone or go into your local jobcentre and many have a direct freephone number to apply.

 

Jobcentre Plus - Working Age Benefits Social Fund Crisis Loans

 

Let us know how you get on, oh and be sure to over estimate how much you need when applying - they never give what you ask for

Edited August 22, 2008 by Dipply75
extra info

[elche]

Sounds like you need to raise a formal grievance. As I said earlier the practical problem with this route is that the company could then dig their heels in deny your claim and then you would have to wait till the grivance process had concluded (min 28 days probably) and then commence an ET claim.

 

All the above is going to take time and isn't going to pay the bills in the meantime.

 

Anyway insert the text of the letter below into sample letter no.9

 

http://www.lra.org.uk/advice_and_guidance_on_employment_matters-2/advice_and_guidance_on_employment_matters-2/disciplinary_and_grievance_procedures_-sample_letters_and_flowcharts/sample_letters-2.pdf

 

I believe I have been consistently underpaid since starting work. I consider this an unlawful deduction from my wages.

 

I believe I have been underpaid because, when I started work on Date it was agreed I would earn 'X' per hour.

 

During the month of (MONTH), I worked (X) hours yet only received (Amount). Thus I calculate I am owed (X) in wages for the month of (MONTH).

 

(Repeat the above for each month)

 

Thus I calculate, in total (AMOUNT) has been unlawfully deducted from my wages.

 

.....................................................................................................

 

You cannot bring the ET claim unless you first raise teh grievance.

 

You should explore your entitlement to benefits whilst this process is ongoing with a benefits specialist.

 

Good luck

Edited August 22, 2008 by elche
typo!

[animal_lover]

Thanks Dipply75, I already owe them money that i can't pay back till i get these wages sorted so i don't think they will help me. And i've just remembered it's gonna be Tuesday before i can ring them anyway as there closed now or they will say to call back on Tuesday that's what they used to do as it's too late for me to pick it up.

[animal_lover]

Sounds like you need to raise a formal grievance. As I said earlier teh practical problem with this route is that the company could then dig their heels in deny your claim and then you would have to wait till the grivance process had concluded (min 28 days probably) and then commence an ET claim.

 

All the above is going to take time and isn't going to pay the bills in the meantime.

 

Anyway insert the text of the letter below into sample letter no.9

 

http://www.lra.org.uk/advice_and_gui..._letters-2.pdf

 

I believe I have been consistently underpaid since starting work. I consider this an unlwful deduction from my wages.

 

I beleive I have been underpaid becuase, when I started work on Date it was agreed I would earn 'X' per hour.

 

During the month of (MONTH), I worked (X) hours yet only received (Amount). Thus I calculate I am owed (X) in wages for the month of (MONTH).

 

(Repeat the above for each month)

 

Thus I calculate, in total i am owed (Amount)

 

......................... ......................... ......................... ......................... .

 

You cannot bring the ET claim unless you first raise teh grievance.

 

You should explore your entitlement to benefits whilst this process is ongoing with a benefits specialist.

 

 

Thanks i'll get it sorted first thing on Tuesday.

[animal_lover]

Since there interlinked i thought i would post this here, I really need your advise and opinions on this draft letter of complaint reg my disability. ACAS have give me the number for disability rights which i'm gonna phone tomorrow morning but until then this is what i have.

 

Dear xxxxxxxx

 

I wish to make a formal compaint about the treatment i have been recieving from senior members of staff since returning from my illness in July 2008.

 

Going back to when i had my interview for the job with xxxxxxx xxxxxxxx on the 9th March 2008, I explained to xxxxxx that i had xxxxxxxxxxxx

( ) and had been out of work for nearly a year with it and several related illnesses but i have finally got it under control and explained which medication i was on.

 

I have been ill continuosly since the beginning of April 2008, And at first everyone was being supportive and understanding but as my health got worse and my absence rate got higher consisting of either not coming in or being sent home the more ____________ i recieved.

 

Since returning to work i've been constantly humiliated and victimised in front of senior staff, less senior staff and customers on my ocassions mostly for petty things and things that were out of my control.

 

I have made a record detailing some of the problems i've had.

xxxxxxx - It first started on the day i got sent home when i was off for two months. I was in the changing rooms in pain and crying. One of the girls got xxxxx and xxxxx to come and see me. They both agreed that they were gonna send me home. As i was walking past her to get to the reception door she give me a real dirty look and then the way she spoke to me when she asked where i was going.

Then when i returned she kept asking me about my uniform and on this once particular day she asked me where it was and i again explained to her that it had to be sent back as it didn't fit and xxxxxx had filled in a new uniform request form so i'm just waiting for it, her reply oh right you need to get it sorted i can see enough of you as it is referring to the fact i had a low neck tshirt on under my work fleece.

 

xxxxxx - Constantly humiliating me in front of staff and customers trying to excert her authority at any possible moment about really petty things including shouting at me for calling her over by name after several team leaders walked past me while i had my light on and customers waiting.

 

xxxxxxx - When i returned for the two meetings that i had with xxxxxx the store manager and xxxx xxxx the personnel manager. whenever i had to walk past her she kept giving me dirty looks and hasn't spoke to me since i fully returned to work

 

xxxxxxx - shouting at me in front of fellow senior members of staff when i asked about moving to her department to help my health situation. she replied she didn't want me on her team as there is alot of sickness problems on the department and doesn't wont another one joining. bearing in mind xxxxx knows why i've been off as she did one of my return to work forms.

and shouted at me for having alot of time off.

 

xxxxxxx - Shouted at me infront of customers for asking xxxxxx if i could have my dinner later as i would of had my break and dinner within my first three hours. She replied that just because xxxxxx is new (being a team leader) it doesn't mean you can tell her when you want your breaks. And didn't give me chance to explain what had actually happened. As i wasn't told to go on my break i was asked my a member of staff if i wanted to go on it as i'd only been back from my break for less than an hour and half. So i said to ask if i could go later. when i had to move tills about an hour later i asked xxxxxxx what time my break was just so i knew and xxxxx shouted at me saying i told youto go before and that i would have to wait. Later on xxxxx apologised as she noticed that my hours had been put down wrong again on the rota.

 

I also feel i have been punished for my health situation by having two written warnings and two disaplinarys for illnesses that was made know right from the beginning.

 

Having to fill in a medical report consent form as i felt that would be the only way to prove how ill i really am and just how bad it is, I also felt that if i didn't it would prove to you that i wasn't ill

 

Having to return to work before my sicknote ran out even though i wasn't completely better, after being told if i didn't return i would probably get sacked. even though i was also told that i could be off for 3 months before it was decided what would be the best move, I returned after 2 months.

 

Constantly having either really long periods between breaks or having them really close together after constantly making it clear that whenever possible i needed to have them regularly as that didn't help me and my health.

 

Aswell as all this i'm also having alot of problems trying to get the money that i'm owed for hours that i've worked since i started in March. I have also done a seperate complaint about that which i have enclosed a copy of with this letter

A copy of this letter has been sent to head office, this is only for your referance.

 

All these seperate incidents have caused me alot of stress and strain on my health and sometimes leave me in tears, I always feel like certain senior staff members are trying to push me out.

 

All in all my time with xxxxx has been a very unhappy one and it is with regret that i feel i need to put in an official complaint.

 

Yours faithfully

 

animal_lover

 

before i send it i will make it neater and spell check it as this is just a draft copy.

 

Please let me know what you think, because of my money situation i haven't been very well and been able to go in and i don't think i will be returning to xxxxxxx after all the problems. So i want to send this along with my wages complaint and my letter of resignation A.S.A.P

 

Also is it possible for someone to give me advice on or point me in the right direction for getting advice on suing for breach of contract and work related stress.

 

Thanks

 

animal_lover

Edited August 25, 2008 by animal_lover
had to save before finishing

[gemspan]

Hi Animal Lover

 

I would make it short and sweet and use bullet points to get your message across. Did you have witnesses to these verbal attacks by your manager? If not, then it may be difficult for you to prove this happened. I wouldnt write a letter that is too long because, after the first few paragraphs, they stop reading the finer details. Best to stick to short and sweet with a powerful message.

 

If it was me, in the first instance, I would send a letter of complaint but make it very general with bullet points to highlight the fact that you feel you have been bullied by xxxxxxx on several occasions because of your sickness record, many of them in front of other members of staff and, worst of all, in front of customers.

 

Finish the letter by advising them that you informed the interview panel of your illness at the time of your interview and feel you are being victimised.

 

Advise them that you are still waiting for your salary to be sorted out and that you are being underpaid. Ask them to refer to the visitor's book if they need confirmation that you were in work at the times you said you were. This needs to be sorted out ASAP and it appears that your place of work is taking their time about it. A complaint to head office (and someone very senior!) normally gets them up of their backsides!!

 

Make a date, if you can, of all the times you were targeted and put it in a diary. You will probably need this at a later date.

 

That's what I would do but perhaps somebody else may come along and advise otherwise.

 

Good luck

Gemspan

[animal_lover]

Hi Animal Lover, my heart really goes out to you. Employers can be almost impossible to fight at times. If you really need urgent cash to survive you could try applying for a crisis loan from the benefits agency.

 

You do NOT need to be on benefits to apply - check this link and I would also either phone or go into your local jobcentre and many have a direct freephone number to apply.

 

Jobcentre Plus - Working Age Benefits Social Fund Crisis Loans

 

Let us know how you get on, oh and be sure to over estimate how much you need when applying - they never give what you ask for

__________________

 

Thanks Dipply75, I already owe them money that i can't pay back till i get these wages sorted so i don't think they will help me. And i've just remembered it's gonna be Tuesday before i can ring them anyway as there closed now or they will say to call back on Tuesday that's what they used to do as it's too late for me to pick it up.

 

Hi Dipply, I rang crisis loans just in case they could help nothing was mentioned about the money i owed them but

they said they couldn't help me as i needed to sort out my wages with my employer. I thought telling them that they haven't paid me properly and than i've had to send in a complaint would help but turns out that was the thing that stopped me getting help.

[animal_lover]

I've spoken to Disability Rights and they've told me that my illnesses are classed as a Disabilty and that my employers are in breach of the Disability Dicrimination Act under part 2

Harrassment duty

Reasonable Adjustment duty.

 

They told me to put in my letter that i'm covered by the DDA and that they are in breach of it under part 2 with the Harrassment and Reasonable Ajustment duty.

 

They said i can claim damages and emotional distress if i follow the statutory grievance procedure ( I think that's what he said it was called).

 

I've got ACAS telling me to make a formal complaint and Disability Rights telling me to start off with an informal complaint my head is spinning.

 

Any advice please on how best to re word my complaint to fit in with the above and what gemspan suggested.

 

Thank You

 

Oh and also i'm waiting to hear back from Usdaw Union about helping me aswell so fingers crossed i should get some money soon. :grin:

[Dipply75]

Morning Animal Lover, I have to nip out but will have a look over and try and help with the letters this afternoon? Its good hearing you officially have a genuine case but thats a lot to be sorting out! Can you get to your nearest CAB and ask for a Welfare Rights officer to help? This may also be handy as they can help represent you if need be down the line - as that can be scary itself.

 

As for the crisis loan (*sigh*) they really annoy me. I would phone them right back up and appeal - ask to speak to a manager as the complaint you have raised can take weeks/months to sort as it is going through ACAS - you need money to survive NOW!

 

Also tell them you want their decision and reason in writing so you can take that to a welfare rights officer also - see if that changes them. They told my brother you could only get a crisis loan if you were on income support and left him stranded Don't trust everything they tell you.

 

Apart from that - hope you are at least feeling a bit better

[animal_lover]

As for the crisis loan (*sigh*) they really annoy me. I would phone them right back up and appeal - ask to speak to a manager as the complaint you have raised can take weeks/months to sort as it is going through ACAS - you need money to survive NOW!

 

Also tell them you want their decision and reason in writing so you can take that to a welfare rights officer also - see if that changes them. They told my brother you could only get a crisis loan if you were on income support and left him stranded Don't trust everything they tell you.

 

Hi, I reapplied this morning and at first they said no but i begged them telling them what's been happening and said that my doctor told me that there probably doing all this for me to leave without actually dismissing me(which is true) she said that she wouls ring me back in 10 minutes and said she could get me £40 so i've got to go and pick it up at 12pm.

 

I'm feeling really better now as in another thread i put about losing my flat because of not being able to pay rent this month and i already have a suspending possession order and they ave applied to the courts for a date to end my tenancy but i spoke to shelter last night they deal in housing law and they've told me to apply to the courts to suspend my possesion order again which shelter are going to help me with. so these past 2 weeks i've felt like i've hit rock bottom but these past 2 days things are looking up. When i pick my money up i'm going into the CAB and ask for the welfare rights officer and i'm also gonna get someones opinion about my Welcome Finance Agreement the Maybelline says is unenforceable so fingers crossed and i'll post threads in the relevant posts to let you know how i've got on.

Thanks again

[Dipply75]

Excellent, well done you!

 

Now you are heading in right direction we just have to keep you there - let us know how you get on, will be thinking of you