Urgent advice needed - wages

[animal_lover]

My Union Rep left me a message before apologising for the delay in sorting out my wages but he said he spoke to the personnel manager at work and she told him that it was a complicated subject and that they would need to have an indepth discussion. When i spoke to him about a week ago i only got chance to tell him about my wages and not the other stuff. Do you think i should ring him first thing Monday and explain it all to him so he's aware of it when he speaks to the personnel manager.

 

Thanks AL

[gemspan]

Hi AL

 

Yes, definitely!!! You have to keep him fully informed about what's happening and what has happened as this is potentially very serious for the company and the union rep will know this.l

 

Give him a call asap on Monday. At least you have somebody on your side now.

 

Good luck

Gemspan

[animal_lover]

I recieved the dreaded reply to the letter of complaint i sent into work today. I've got to go in to speak to the assistant manager on Monday Afternoon about it. bearing in mind this is the man i said i was thinking of handin in my notice and took it as my verbal resignation.

 

Any advice please would be great, like how i can get out of going (lol) would be great. AL

[gemspan]

Hi AL

 

What is the formal grievance procedure within your organisation? It sounds really funny to me that the person you are complaining about etc., is the person handling the grievance. It should be somebody unbiased!!!

 

Having a meeting so soon after sending the letter is completely unacceptable. You will need time to get your witness ie the union rep, organised.

 

Have a look at your terms and conditions. This will include the grievance procedure. I really think this should be being handled by HR. At this moment in time you are feeling worried and you shouldnt be feeling that. A grievance should be handled objectively. How can somebody who is involved in the complaint be objective?

 

Speak to your union rep on MOnday when you tell him about everything that has been going on. Cancel the meeting and ask for somebody who will be unbiased.

 

Take care

Gemspan

[animal_lover]

Hi, gemspan.

 

I'm not sure what the grievance procedure is, I put in my complaint that i required a copy of it but they haven't sent it with the letter. And i never recieved the Terms and Conditions of my contract and as my hours recently changed i haven't recieved my new contract yet to check that.

 

As of yet HR dont appear to of received my complaint as it's not been signed for.

 

The person i'm seeing regarding the grievance isn't the one i'm complaining about. The person i'm seeing is the Assistant Manager the only problem i've had with him is just about my "resignation" as i've put above.

 

What reason should i give for cancelling the meeting as there probably gonna ask.

 

Thanks AL

[animal_lover]

Guess what i recieved today.

 

My P45 and wageslip that says leaver accross it. It has some hours and holiday pay and then most of it taken off for hours i've been sick.

 

I've tried to contact my Union Rep but i've had to leave a message.

 

Any ideas on what i can do as i've recieved no warning or nothing

[SickofA&L]

Hi Animal Lover, don't know how far down the line you are and how you are coping but the company are clearly in breach of employment laws. Contact CADAL who are a specialist section of CAB who deal with disability rights, laws etc who will help confirm if you're illness means you are covered under DDA laws. They can also fast track you for benefits and support. Hope this helps

[SickofA&L]

Forgot to say, if you're illness falls under the DDA umbrella and you have been with the company for 12 months don't let them mess you about with dates for meetings etc you need to send the H.R department a short, to the point letter informing them of you rights and their obligations under the DDA. Tell them that you feel your grievances are not being taken seriously enough and that you taking advice with regard to breaches of section 4, sub section 2. From the information you have given IF you are covered by the DDA ask CADAL to refer you to a specialist solicitor (you will easily get legal aid) and be prepared for an out of court settlement to your benefit.

Breaches of the DDA are being stamped out heavily by judges at the moment as the government are updating and launching various schemes to aid the disabled

[animal_lover]

Hi SickofA&L,

 

I spoke to ACAS and Disability Rights Commision and they told me that i'm covered under the DDA as i have both a long term physical and mental illness. And they told me what laws my employers are breaching but that was about 2/3 weeks ago so i will be getting in contact with them tomorrow for more advise and to update them on the situation. My union rep is also gonna talk to the personnel manager tomorrow but i've aked him to contact me prior to that as he doesn't know the whole problem that i've been having.

 

I have applied for Disability related benefits but was told that i was unable to claim them as i didn't fall under any of the catorgries yet DRC said i do but anyway maybe with the help of the CAB i might do. I have an appointment a week tomorrow.

 

I'd been with my employer for 7 months and have sent a copy of my complaint to both my branch and the head of HR but i'm not sure if head office recieved it as i send it recorded delivery and it hasn't been signed for. There is a copy of the letter on one of the threads posted by gemspan.

 

Thanks for your help i'll speak to ACAS and DRC tomrrow and see what they say then i'll write another letter to them as i'm thinking they have sacked me for my illness and the letter as it was sent to me after they recieved my complaint.

 

Thanks again

 

Do you have any experiance with the compensation side of things as i've been told by various people and organisations that i can claim Damages and emotional distress and i'm guessing now i can claim breach of contract

[animal_lover]

My assistant manager has just called round to my flat to drop of a letter asking me to make an appointment by Wednesday 17th to discuss my complaint. Luckily i didn't answer but my next door neighbour did and let him in. I didn't answer the door he just putit through my letter box.

I don't understand why they still want me to go in about my complaint since i've been sacked.

[SickofA&L]

Hi Animal Lover,

You're right in thinking that under DDA if they dismiss you unfairly due to your disability you can have general compensation with an extra claim for emotional distress, deterioration of your condition due to the pressures (needs to be backed up by your GP's opinion). The stumbling block in your case is the length of time you've worked there. In most cases the employee has to have been with the company for 12 months although I do admit there is more leniancy with breaches of the DDA.

Make sure you keep copies of all corespondence including the recorded delivery receipt as this may be needed at a tribunal.

To be honest if a case is brought against the company they will settle out of court before the judge gets a sniff of it unless you decide to turn down their offer and take it infront of a tribunal

CADAL will help you fill in the forms for Disability Living Allowance. It's quite a heavy duty application form but as the adage goes 'if you dont ask you don't get.'

DLA is made up of 2 parts, mobility allowance and carers allowance. This can payout up to £360 a month depending on your claim as there are higher, middle and lower rates

Hope this info helps

[SickofA&L]

Sounds a bit wierd wanting a meeting with you after dismissal. You are entitled to take a witness with you to any meeting but to be honest I would drop a letter into reception just stating

'I have received your letter dated xxxxx requesting that I make an appointment to see yourselves.

I am currently taking professional advice regarding my dismissal from the company and will contact you in due course'

Going by the information you have posted you hold all the cards and it may be that somebody within the organisation has suddenly realised they've made a massive faux pas and wants a meeting to try to placate you

[animal_lover]

That's what i thought. Would it be ok to post the letter recorded delivery. It's just i hate the thought of going in there. Thanks

I've got an appointment with the CAB next week so i'll see them first maybe they may beable to help with the Disability Living Allowance.

 

When i spoke to DRC and ACAS they told me that the only thing i would have trouble claiming because of the amount of time i've been with my employer is Constructive Dismissal. But i'll ring them all tomorrow to see where i stand.

 

Thanks for all your help

[SickofA&L]

Have you got a friend or relative who could drop the letter in. Atleast if you did that they could not argue that you didn't respond displaying a disregard for any attempts at sort the situation out.

I would recommend you contact job centre plus tomorrow to put in a JSA claim. When you go to the CAB next week ask them to do a benefits check. Basically they'll go through your income and expenditure then sort out any benfit claims for you. I wouldn't be surprised if you can claim full council tax benefit and housing benefit

[animal_lover]

No i haven't, I don't live near any family or friends at the minate. I've give them plenty on time and opportunities to sort this whole thing out and it's now nearly 7 months since it first got brought to there attention regarding my wages and they haven't bothered to sort it out so i don't think they will have a strong case to argue that i disregarded any attempts to sort it out as it's them whose done that. You can fill in out online which i'm gonna do tomorrow after i've spoken to my Doctor as i'm still under my sicknote. But if i go on Incapacity or JSA then i will get all my Housing and Council Tax paid that's what happened before i got this job when i wasoff work for nearly a year with my illness.

[gemspan]

Hi AL

 

You can make your claim over the telephone now if you dont feel up to going out. I can imagine how you are feeling thinking of having to make an appt to go in and see them. Are you still signed off by the doctor? If not go back and get another sick note to cover you as you clearly are still distressed and ill with the treatment you have been receiving.

 

I don't know much about employment law but I am having the same type of problem with my ex employer relating to unpaid wages and will be taking them to court tomorrow. Ive posted on another thread for advice about that.

 

What you need to do is to take this one step at a time.

 

Firstly, write to your employer and advise them that you have received your P45 with the word "leaver" across it and that you have, again, had deductions taken from your pay without being informed of this. Tell them that, while you are not averse to having a meeting with them to try and sort things out, you feel very intimated at the thought of returning to the place that has made you feel so ill again. Perhaps they could arrange to have it on neutral ground somewhere. Perhaps a local cafe or something.

 

Contact Job Centre via telephone tomorrow and place your claim. They will give you an appt to go in and see them but your claim will be back-dated to the date you applied for it.

 

Contact the DRC and ask them exactly what you can claim for and the relevant acts that your work are breaking. What is CADAL? If they can help you complete forms etc., then that wuold be a great place to get in touch with and explain your situation.

 

At this moment in time you have to try and remain calm about this. I know its easier said than done but you are really in a strong position because of the way you have been treated.

 

Get as much information as you can so that you can hit them with it if they don't start getting their finger out and paying you what they owe you. I would have thought that CAB could be contacted by telephone as its bound to be past the 28 days set down for settlement of wages disputes.

 

There's a lot for you to be going on with there.

 

Take care

Gemspan

[animal_lover]

Thanks gemspan, I've got 1 week left, My Doctor is ringing me tomorrow so i'll see if i can make an appointment to see her for when it runs out.

 

I'll ring DRC tomorrow and the Job Centre regarding Benefits so i can sort them out straight away.

 

I think SickofA&L said that there where i specialist something (i forgot as i'm writing it) There part of the CAB but i've got an appointment with them next tuesday so hopefully i'll be able to get more help next week.

 

Thanks again for your help and looking at my thread.

[Dipply75]

Hi Animal Lover, just caught up on all that you've been going through and OMG, what the hell are they playing at? Some companies really do still think it is the 1800's!

 

Sound advice from SickofA&L and gemspan, nothing I can add, just want to lend more support really. Good luck and keep your chin up

[animal_lover]

Thank you Dipply

 

I've just checked my leaving date on my P45 and it's the same date as the day i gave my "verbal" resignation the 29th August but i didn't recieve the P45 and my final wageslip till the 15th September which is 5 days after they recieved my complaint.So i'm starting to think why there was such a delay aswell, as my P45 and Wageslip came from my branch and not head office like they usually do.

 

Speaking of which i've recieved a letter from them today and it says that my complaint along with any other they recieve is taken very seriously and that it's been passed on to the group personnel manager for my branch to be investigated. So let's see what she says.

 

I've made my application for Housing and Council Tax Benefit and someone is calling me regarding my Incapacity Benefit.

 

I'm having problems getting a hold of my union rep as he's not in the office much so we keep missing each other but hopefully i should of spoke to him by the end of the week.

[animal_lover]

I've just spoken to my union rep and he is gonna ring the personnel manager at "work" tomorrow to set up a meeting to resolve it. He was asking me when i would be fit for work so i said i didn't know i hope he doesn't think i'm going back to work there again. 'coz as the saying goes over my dead body springs to mind. He said that hopefully we can resolve it. i don't want to resolve it i want to get them in lots of trouble for what they've done. As you can tell i'm really annoyed at the minate

[animal_lover]

I've spoke to my union rep and i've got to go into "work" on my own on Monday for an informal chat with the Assistant Manager and then if it can't be resolved then it will go to a formal grievance between my union rep and the personnel manager. I've never had to do anything like this before so can anyone give my any advice on what i should do or say in the informal.

Thanks AL

[gemspan]

Hi AL

 

Well first you have to remain calm about it. Keep telling yourself that you are the one in the strong position - not your work.

 

If it were me I would write down a list of things you want to talk about in case you forget something. Take along a notepad and try to jot down answers to your queries as you go along. Also, ask for a letter confirming everything that was discussed.

 

At the end of the day it is up to you if you want to resolve matters. Who sent you the letter saying this was being taken very seriously? Why can't your union rep attend the meeting with you? That's what they are there for!!!

 

As far as I can see you have already raised a formal grievance by sending the letter in stating your concerns.

 

I suppose it wont do any harm in attending a meeting but I would ask if you can have a witness present.

 

Hope this helps

Gemspan

[animal_lover]

Thanks and Hi gemspan.

 

Thats what i thought i'd done ie sent the letter as the formal grievance.

 

It was head office who sent the letter about taking complaints seriously and that someone was investigating it and would get in touch after they had finished.

 

My union rep said that as it's informal that he doesn't need to be there until it's formal.

 

That's a problem in it's self having a witness with me as i don't trust anyone there anymore, that's why i wanted the union rep.

 

My union rep keeps saying that hopefully we can resolve it, but i don't want to. The way they have treated me about my illness and not sorting my wages out for nearly 7 months and then taking the "i'm thinking of handing my notice in" as my resignation and not waiting till it was in writing and putting that date as my leaving date. along with all the financial and added health implications on that. I've given them plenty of time and opportunites to resolve it before taking it further and they haven't done anything. Now i'm taking it further that's when i keep getting letters and phone calls to get me to make an appointment to resolve it.

There is now way i want to resolve it informally.

 

(sorry for that rant but everytime i think about it now it gets me really mad)

 

What questions do you think i should ask?

 

Thanks AL

[animal_lover]

I've just spoke to my union rep again.

 

He told me again that it was only an informal meeting so i wouldn't need a witness to it and that if there was anything that made me uncomfortable then to not answer it.

He said he could tell by what i was saying that i didn't want to go to the informal meeting, and i told him that with everything that's gone on i don't feel it can be resolved. So he asked me what i wanted to do. i said i didn't know. so he said that the informal meeting was part of there grievance proceedure and that if i didn't go and i were to make a claim it could affect the amount i got or maybe ruin the case completely.

He told me that they may even offer me my job back but i told him i wouldn't go back after everything that's happened i couldn't work for them again.

So told me he was gonna speak to the lady from head office who is dealing with my complaint and he was saying about just going to a formal grievance and not doing the informal meeting.

 

Do you think not attending the informal meeting will affect any ET claim?, He also said that they have sent me a letter asking to attend on Saturday but i haven't recieved the letter and i'm not gonna be at home over the weekend.

 

What do you think i should do i'm totally confused now AL

[animal_lover]

I recieved the letter last Friday asking me to go in to meet my Assistant Manager on the Saturday before. I rang them up to make them aware i had only just recieved the letter but he was on holiday.

 

My union rep didn't ring Head Office like he said he would nor did he ring my branch to tell them we were going straight to the Formal Grievance.

 

I rang him on Friday and someone else who works there says that my subscription (or whatever you call it) to the union is in the processed of being closed, I presume it's because with me not working there anymore i can't pay them as it was coming out of my wages.

 

I've had 2 meetings the first i didn't go to because they didn't give me enough time to get my union rep to come with me.

 

Then in between that i get a letter asking to make an appointment but my union rep said he would ring them for me and didn't.

 

And the second i recieved the letter nearly a week later.

 

If this was to go to an ET would that affect my case and would the fact that i went straight to a Formal Grievance without doing the informal also affect it