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False accusations after complaining - ** WON **


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Cheers, Elpulpo.

I will have a think but I know that I really want my holiday pay & the amount that he underpaid me in Dec. Not sure if I can take the whole situation any further or not given that it is all so unfinished and messy. I want to though!

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OK. What I'd do now is write to him and say he's had over 2 weeks since the supposed disciplinary hearing to give you a response, he has a responsibility to deal with the matter within a reasonable period of time, so you now consider the matter void.

Work out exactly what you are owed, itemise it all in the letter and give him 7 days. letter before action across the top.

(This time we mean it!;))

Then if ya don't get, we'll make the neccessary applications, either to ET or CC.

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I have just found out that you only pay if you earn £95 or more.

I am working on my letter at the mo and I am a little confused. Due to not knowing if I was dismissed or not, I am unsure if I am entitled to demand my hol pay etc at the moment. If I was sacked then I should have got it in my Jan wage if not I won't be due it until the Feb wage which is my final pay.

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I'd ask for settlement of everything ASAP. You've resigned from your job beacause of the treatment you've received, which continued and even escalated after you'd been signed off sick. State that you want to draw a line under everything straight away.

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Below is a rough draft of my letter. Does it sound ok? Anything I should add or take out?

 

I would be grateful for any suggestions!

 

Dear *****

 

 

This letter is regarding the disciplinary hearing that was held in my absence on 22nd January 2010. I emailed you on 2nd February informing you that I had not yet received notification of the outcome of the hearing and requested that you provide me with this. You have a responsibility to deal with the matter in a reasonable period of time and have now had more than 2 weeks to provide me with a response but have failed to do so.

The disciplinary policy states that there should be no unreasonable delays in issuing the subsequent decisions and that all parties must be advised of any delays in the process. Given that you have breached this policy, I now consider the matter void.

I would also like to refer to your letter dated 20/01/10. I do not agree with the explanation that you have given in regards to my December pay as this does not correspond with the way in which my salary has been calculated previously.

The treatment that I received whilst at work resulted in my GP signing me off sick, the situation then escalated and worsened which then forced me to resign but even that did not reduce the harassment and for this reason I would like to draw a line under this situation as I feel that it has dragged on for far too long and it continues to have an adverse effect on my health. I have attached an itemised list of the monies due to myself and will expect to receive this in full within the next seven days.

 

 

Yours Sincerely

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This is the list of what is owing to me. Does it sound ok?

 

Payment in Lieu of Holidays -

 

24.2 days for 2009/2010

5 days carried over from 2008/2009

 

 

Total = 29.2 days.

 

 

Underpayment in December salary

 

 

£40 owed for payment of 4 nights on call, I clearly stated that I did 14 nights but was paid only for 10.

 

 

Monthly salary for ***** - £****.**, I was only paid £***.**which leaves an underpayment of £***.**.

 

 

Given that I was responsible for confirming all work carried out so that you could process the payroll I am aware of the dates that the wages are calculated from and up until. The December payroll was for work carried out from November 23rd to December 20th.

Up until I received you letter dated 20/01/10 I was unaware that I was only entitled to statutory sick pay as I have never been made aware of this previously.

Having looked back at all of my wage slips from my time as ***** my basic salary has never been less than £****.**regardless of any sick time.

 

 

Total amount owing due to underpayment in December = £606.77

 

You also refused to refund the deposit I paid for uniforms (£15) and a jacket (£10). I paid this on commencing employment. This was paid in cash and has always been returned in cash to staff upon return of the above items. This should not be taxed as it is not classed as earnings.

Total deposit refund - £25.00

 

I will expect to receive the full amount owing to me within the next seven days otherwise I will be left with no alternative but to take further action.

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I have some news! A letter will soon be with me informing me of my dismissal. This letter was written by the MD but will be signed by the person who was supposed to be chairing the hearing,.

I have proof in black & white that it is from the MD and he has asked the other person to sign it and send it to me. Will this help me any?

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