Appeal to Pay All Wages

[mariefab]

Yes.

[bym007]

Yes.

 

Many thanks for the quick clarification, and while you are in this thread, do you possible know an answer to this?

 

Thanks for the great help. Can I ask you why should I ask for pay till 11-Jan and not 14-Jan ?

 

Many thanks once again!

[mariefab]

Could you just confirm for me that you were dismissed on performance grounds and not for misconduct?

[bym007]

Could you just confirm for me that you were dismissed on performance grounds and not for misconduct?

 

Yes thats right, on pure performance basis.

[mariefab]

Well, based on the part of the termination letter that you posted #15, I believe that they incorrectly gave you one week's notice (under suspension) instead of the one month's notice required by your contract on 25th January.

 

So, in your letter, you should claim the outstanding notice payment due to you from 1st February to 24th February inclusive

[bym007]

Well, based on the part of the termination letter that you posted #15, I believe that they incorrectly gave you one week's notice (under suspension) instead of the one month's notice required by your contract on 25th January.

 

So, in your letter, you should claim the outstanding notice payment due to you from 1st February to 24th February inclusive

 

Sorry, but its even more confusing now. elpulpo suggested that I am due a payment till 11-Feb, and you have now pointed that I am due a payment till 24-Feb.

 

How are you working this out ?

[mariefab]

Just because the decision to dismiss you was made on 14th January it doesn't mean that employment was terminated on that date.

You already know that it wasn't because:

You continued working for them until 17th January

Took a week's paid leave from 18th - 24th (which should be shown as holiday on your payslip)

They suspended you on 25th January.

They wrote that your termination date was 31st January.

 

This is why I asked you about performance/misconduct because in a case of misconduct the dismissal decision date usually would be the termination date.

 

They wrote that they were suspending you for 7 days commencing 25th January.

To suspend you on that date you must have still been employed by them at the time.

They would be likely to argue that they consider that those 7 days were your notice period.

　

Your contract states that they are required to give you a month's notice.

Therefore, assuming that the 7 day suspension is included, they owe you the rest of the month's notice that your contract entitles you to (1st February - 24th February inclusive).

In the unlikely event that they don't agree that the suspension period is what they, incorrectly, considered to be your notice period then they owe you a whole month's notice.

[elpulpo]

so if there is no tribunal claim EG you have realised your down £200 on wages and it was nearly 4 months since you left the company of your own volition but you didnt get paid for the last week of work?

It should still be within time to make an application to ET. The EDT, by the Employers definition was the end of Jan. So, ya should have 'til the end of April to submit an ET1.

[mariefab]

Sorry elpulpo, when I asked you to take a look at jimbo's post I should have let you know that jimbo isn't the OP of this thread.

I guess his query was a kind of while we on the subject can someone answer this question thing.

[bym007]

Just because the decision to dismiss you was made on 14th January it doesn't mean that employment was terminated on that date.

You already know that it wasn't because:

You continued working for them until 17th January

Took a week's paid leave from 18th - 24th (which should be shown as holiday on your payslip)

They suspended you on 25th January.

They wrote that your termination date was 31st January.

 

This is why I asked you about performance/misconduct because in a case of misconduct the dismissal decision date usually would be the termination date.

 

They wrote that they were suspending you for 7 days commencing 25th January.

To suspend you on that date you must have still been employed by them at the time.

They would be likely to argue that they consider that those 7 days were your notice period.

　

Your contract states that they are required to give you a month's notice.

Therefore, assuming that the 7 day suspension is included, they owe you the rest of the month's notice that your contract entitles you to (1st February - 24th February inclusive).

In the unlikely event that they don't agree that the suspension period is what they, incorrectly, considered to be your notice period then they owe you a whole month's notice.

 

It should still be within time to make an application to ET. The EDT, by the Employers definition was the end of Jan. So, ya should have 'til the end of April to submit an ET1.

 

elpulpo, so would you also agree I should my employers for salary from 1-24 Feb inclusive as mariefab explained here?

 

Many thanks.

[elpulpo]

I'd say that you're entitled to be paid for the one months notice you were entitled to from the date you were notified of your dismissal.

So, 4 full weeks from 14/01/10, which is up to 11/02/10.

I don't understand Mariefabs reasoning.

[bym007]

I have been drafting a letter to send to my employers. Does this look fine or do I need to add anything?

 

 

Dear [CEO_NAME],

 

After my dismissal from xx on 31st January 2010, the following matters need your utmost attention:

1. Since I worked with xxx for 9 months (May 2009 – January 2010), I had accrued 3 weeks of annual holiday. I had previously consumed 2 weeks out of this and 1 week had not been used. I have not been paid for this either.

2. I had the entitlement of 1 month’s termination notice as agreed in my employment contract. Since I was given the contract termination notice on 14 January 2010, leading to my dismissal on 31 January 2010, this does not constitute 1 month’s notice. I have not been paid for this either.

It is evident that xxx owes me money. The sum owed to me is as follows:

Unpaid Notice Period

£xx

1 Week’s Holiday

£xx

Total Amount

£xx

I request an explanation as to why this amount has not been paid to me yet.

I request you to pay the monies owed to me by 13th April 2010. The sum can be debited to my bank account directly, details of which are enclosed with this letter.

I also request a final payslip detailing these amounts sent to me urgently as well as my P45 letter.

Please do not hesitate to contact me before 9 April 2010, if you need any further information in this regard.

xx

 

If I post this letter today, it should be recieved by Tuesday 6-April-2010. So I have given them time til Friday 9-April-2010 to get back to me if they any further information. I have given them time til Tuesday 13-April-2010 to pay the amount into my bank account.

 

Since my job was dismissed on 31-Jan-2010, I believe I have time till 30-April-2010 to have my Tribunal letter sent. So I have prepared the dates in this letter accordingly.

 

 

Please comment. Many thanks.

[mariefab]

Send it by recorded delivery.

[bym007]

Send it by recorded delivery.

 

Yes, I am sending it recorded for evidence.

[elpulpo]

Seems right enough.

What size is this business?

[bym007]

Seems right enough.

What size is this business?

 

Currently 9-10 retail shops with about 40-50 staff most.

My final appeal hearing was also chaired by the CEO, hence addressed to him.

 

Is it all good then ?

[bym007]

Just because the decision to dismiss you was made on 14th January it doesn't mean that employment was terminated on that date.

You already know that it wasn't because:

You continued working for them until 17th January

Took a week's paid leave from 18th - 24th (which should be shown as holiday on your payslip)

They suspended you on 25th January.

They wrote that your termination date was 31st January.

 

This is why I asked you about performance/misconduct because in a case of misconduct the dismissal decision date usually would be the termination date.

 

They wrote that they were suspending you for 7 days commencing 25th January.

To suspend you on that date you must have still been employed by them at the time.

They would be likely to argue that they consider that those 7 days were your notice period.

　

Your contract states that they are required to give you a month's notice.

Therefore, assuming that the 7 day suspension is included, they owe you the rest of the month's notice that your contract entitles you to (1st February - 24th February inclusive).

In the unlikely event that they don't agree that the suspension period is what they, incorrectly, considered to be your notice period then they owe you a whole month's notice.

 

Mariefab,

 

Just revisiting all the posts in this threads before posting this letter, I have stopped at your point once again, and clarifying that since my contract speaks of "Contract Termination Notice", doesnt that mean "notice to terminate my contract"?

 

Which would count from 14-January-2010 when the notice to terminate the job was announced to me?

 

This is something that has really bothered me since yesterday!

Edited April 1, 2010 by bym007
typo

[elpulpo]

Currently 9-10 retail shops with about 40-50 staff most.

My final appeal hearing was also chaired by the CEO, hence addressed to him.

 

Is it all good then ?

Aye. Just have to wait and see.

[bym007]

Mariefab,

 

Just revisiting all the posts in this threads before posting this letter, I have stopped at your point once again, and clarifying that since my contract speaks of "Contract Termination Notice", doesnt that mean "notice to terminate my contract"?

 

Which would count from 14-January-2010 when the notice to terminate the job was announced to me?

 

This is something that has really bothered me since yesterday!

 

Just to clarify this once and for all, I have just come off the phone call to ACAS, and the gentleman pointed out that the termination notice would count a month from 14-Jan-2010 till 13-Feb-2010 in my case.

 

So, all in all, I am entitled to unpaid salary from 1-Feb-2010 to 13-Feb-2010 inclusive, plus a week's unused holiday entitlement.

 

And, since I was last paid on 29-January-2010, I can write to the Tribunal until 29-April-2010.

 

A lot of things clarified then !

[honeybee13]

Hi bym. Sorry to be picky, but in your letter you say the money can be debited to your account by the company. To avoid any doubt with them, do you mean credited?

 

I hope this works for you, good luck. HB

[elpulpo]

Makes sense.

I'd have thought it would have been 4 weeks from the 14/01/10, but if ACAS say 13/02/10 I won't argue. It's 2 extra days, after all!

[bym007]

Makes sense.

I'd have thought it would have been 4 weeks from the 14/01/10, but if ACAS say 13/02/10 I won't argue. It's 2 extra days, after all!

 

Its being worked to 13-Feb since it is 1 month's notice (not 4 weeks')...

[bym007]

Makes sense.

I'd have thought it would have been 4 weeks from the 14/01/10, but if ACAS say 13/02/10 I won't argue. It's 2 extra days, after all!

 

Thanks for pointing my silly mistake. Would not look good if they debited my account with that money.

[bym007]

Well, posted the letter this evening.

 

Hope I get a quick and favorable response!

Edited April 2, 2010 by bym007