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Bad references and no holiday pay


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Hi, about 4 months ago, my employer started to underpay me, at first it was the agreed overtime not paid, I had to get up at 4am to drive to from north wales to south wales to another depot (not in my contract) and they agreed to pay my overtime, then didn't, then the next month they underpaid my normal salary just like 90 pounds here, and again the next month.

 

Then I injured my back, and tried to carry on working, they told me the insurance wouldn't cover me, and made me take a few days off. They then refused to pay me for these days.

 

Desperate by now for money, as I had been underpaid for many months I called ACAS who spoke to them, the following monday I was 'made redundant!' :Cry: My boss promised me the rest of the months pay, my holiday pay (2 weeks) and the money he owed me from the previous months and he'd pay it on the friday. He didn't, it took him another 4 weeks to pay anything, and then he just paid for the week i'd already done of the month, and 1 weeks holiday pay, nothing else! :mad:

 

Now he's claiming he doesn't owe me anything, that he never said he would pay the month and that I only had 1 weeks holiday pay left as I took a week in feb. Now I DID take a week in feb, but only because I had booked the week off over christmas, and then the DAY BEFORE my holiday, my boss cancelled it and said I had to work instead!!!! I told them I would work, but they had to pay me for my accrued holiday before the end of the year. They didn't, and so I said pay me by end of Jan, they didn't, so I took it off! So it was last years holiday.

 

Now, I've got a new job and put my boss down as a reference, today I'm called in and told that my boss has said it MY fault they had to close our depot and make us redundant, because I didn't work hard enough to make it work!!!! My job is at risk here, I've spoken to ACAS who are trying to put me off taking legal action or going to tribunal, saying it will cost everything I'm owed (about 1000 pounds). But I don't know what else to do. Please can someone help me? :?

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Hi there.

 

Few issues here; your ex boss sounds like a right charmer! You're best off out of it in the long run. I'm afraid this post isn't going to be v. positive (or what you want to hear) but here goes anyway:

 

OK. How long were you employed by your previous employer? If it was more than two years you'd have been entitled to statutory redundancy pay; you don't mention it so I'm assuming this is not the case.

 

A verbal agreement with your boss is worthless. With someone as clearly unreliable as this one everything should have been in writing. The only thing of any immediate signficance is the contract & terms of employment.

 

You may find that the practice of "carrying forward" annual leave from one year to the next is at the discretion of the management. Now cancelling leave according to the needs of the business isn't unheard of. Unless there is something in writing here this is going to be very difficult to prove. Your boss can deny cancelling the leave & yes, you did finish the year with untaken leave, but were aware of the fact that leave was not carried forward. Witness statements would be the only way around this as far as I can see.

 

One thing that struck me from your post is there is no mention of any pay in lieu of notice. You should have been paid for whatever notice period you're contract dictates your entitled to (anything between a week & a month normally although some managers contracts have three month notice periods).

 

Now the reference issue is a different story. If you were not the only worker there could be a very clear case for defamation & / or slander. ACAS may be trying to cover their backs here too. Don't lose sight of the fact that you called them in to arbitrate on your behalf & within a week you're out the door. I'd be asking them to explain themselves on that front too.

 

Given this guy's track record; I think I'd be asking myself how likely is it that I'd see the money owed without purusing legally. Don't forget there is also a potential for compensation for the defamation / slander too. If your former employer is registered with the Information Commissioner - check online at Information Commissioner's Office - ICO you could be cute & do a s.10 Data protection act 1980 data subject notice to them (you would be a data subject as an employee). Templates (that will need slight amending) can be found in the Debt Collection library.

 

Good luck!

"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

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