Appeal to Pay All Wages

[bym007]

Hi all,

 

I was dismissed by my previous employer end of Jan 2010 and have a couple of questions regarding this dismissal.

 

a. My job was dismissed after 9 months of work. So I believe that a termination notice of 1 month applies in my case, as shown by contract termination clause below. It was not professional misconduct, so all normal regulations apply in my case.

My contract states,

NOTICE OF TERMINATION TO BE GIVEN BY EMPLOYER

Under 1 month's service - Nil

1 month but less than 5 years' service - 1 month

5 years' service or more - 1 week for each completed year of service to a maximum of 12 weeks after 12 years.

However, when I was paid my last salary on 29 Jan 2010, I was paid wages till the end of Jan 2010. To clarify this, I will state the dates below:

 

Disciplinary Meeting 12 Jan

Disciplinary Result 14 Jan (notice of dismissal on 31 Jan 2010)

Last Day at Work 17 Jan

Dates between 18 - 24 Jan, I consumed my pre planned holiday week

Suspended from Work 25 Jan

Appeal Hearing 26 Jan

Dismissed 31 Jan

 

After speaking to ACAS and Employment Tribunal, I am confused as to where my 1 month's notice starts from and ends ? (to allow me to claim from my employer)

 

b. Is there a template grevience letter to be sent to my previous employer asking for this money to be paid to me ?

 

If this is still confusing, please ask me...

All help appreciated!

[elpulpo]

Just to clarify then,

They gave you notice of termination on 14/01/10, and your effective date of termination was 31/01/10?

[bym007]

Yes, they told me of my dismissal on 14 Jan 2010, and I had to work until 17 Jan as intended.

 

Then I was suspended for 1 week.

[elpulpo]

I'd have thought you should have been paid up until 11/02/10 then.

Seems strange that you were suspended. Is there anything in your contract about 'garden leave, or pay in lieu of notice?

[thewakers7]

hi

 

effective date of termination is the date the termination takes effect-usually the date the employee was told they were dismissed, for a dismissal with noitice the effective date of termination is usually the date when the notice period expires, even if the employee is paid in lieu of notice so they do not have to work the notice period, however a payment in lieu of notice may bring forward the EDT in some cases, and employees and reps should be made aware of this if the employer indicates that it intends the employment to finish staright away.

 

so just to go over what i beleive u mean on ur disaplinary result 14th of jan you were given pre notice that your EDT would be on the 31 jan, why have they then suspended you on the 25 jan after ur holiday when they have already told u that u are to be dismissed? you obviously had appealed there decision of dismissal and it went against u

[thewakers7]

elpulpo was just about to ask that question about "garden leave" what type of business is this? a competive one with sensitive information available?

[bym007]

I'd have thought you should have been paid up until 11/02/10 then.

Seems strange that you were suspended. Is there anything in your contract about 'garden leave, or pay in lieu of notice?

 

There is no clause in employment contract regarding gardening pay or pay in lieu of notice.

 

However, should I not count notice period from either:

 

a: 14 Jan 2010 (since that is the initial termination notice),

 

or

 

b: 26 Jan 2010 (since they uphelp the initial disciplinary decision on 26th)

 

(very confused at the moment!)

[bym007]

elpulpo was just about to ask that question about "garden leave" what type of business is this? a competive one with sensitive information available?

 

This is a not-so-large sports betting (bookies) organisation I used to work for.

[elpulpo]

I'd say the notice period starts from the original date of notice, 14/01/10.

Write to them stating that you think you should be paid up until 14/02/10, and ask that they explain why they've done otherwise.

[thewakers7]

date of termination is the date they gave u on your letter 31 jan that was when you were dismissed im assuming u had been paid all the way through

[bym007]

date of termination is the date they gave u on your letter 31 jan that was when you were dismissed im assuming u had been paid all the way through

 

I have been paid till 31 Jan 2010

[bym007]

I am also getting a scanned copy of my contract here for your referrence!

[elpulpo]

I am also getting a scanned copy of my contract here for your referrence!

Make sure you blank out any company details

[bym007]

Here is a scanned copy of the contract!

 

 

[bym007]

Here is the part about suspension and termination in the letter dated 14 January 2010.

 

[elpulpo]

Yep. Seems pretty clear cut to me. Write to them pointing out that they should pay you up to 11/02/10.

[bym007]

Yep. Seems pretty clear cut to me. Write to them pointing out that they should pay you up to 11/02/10.

 

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

 

I believe my 90-day Tribunal deadline expires on 11 or 14-Jan following your advice. So I was wondering, if I send out a letter to ex-employers today, what sort of deadline should I give them to get this account settled, before I can seek Tribunal's assistance? ACAS suggested 14 or 7 days notice depending on how long I had.

 

Is there a template letter I could use for this then ?

 

Can I also ask another question kindly. I had also accrued 3 weeks paid holiday during my service there (1/12 for every month worked, if less than 12 months), and I had only used 2 weeks out of this. So I want to be paid for this holiday as well.

 

So in this letter, should I request my remaining salary + 1 weeks unused holiday entitlement + P45 to provided to me within 7 days?

 

Many thanks once again!

[mariefab]

The contract you've displayed is somewhat out of date regarding holiday entitlement so you'll find that they owe you a bit more than a week.

 

The statutory minimum paid holiday entitlement increased in the last few years and from April 2009 it has been 5.6 weeks (which can include bank holidays).

 

You can use the calculator below to work out your correct entitlement.

 

Calculate your employees' holiday entitlement | Business Link

[Jimbo-Jones]

with regards to pay from a previous job you have left do you have a finite time to claim eg 3 months?

[mariefab]

For a tribunal claim- Yes.

Last date to claim in this case would be 29th April.

[Jimbo-Jones]

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?

[mariefab]

In that case it would be the Court route.

Elpulpo's the expert on this one.

[bym007]

The contract you've displayed is somewhat out of date regarding holiday entitlement so you'll find that they owe you a bit more than a week.

 

The statutory minimum paid holiday entitlement increased in the last few years and from April 2009 it has been 5.6 weeks (which can include bank holidays).

 

You can use the calculator below to work out your correct entitlement.

 

Calculate your employees' holiday entitlement | Business Link

 

Thanks for the link, but it is still quite confusing in my case.

 

I used to work for 39 hours (in 3 days) a week, plus every other Sunday.

So what would be my holiday entitlement ?

[mariefab]

My bad, I wrongly assumed that you worked full-time.

 

Your entitlement for a 3.5 day week would be 19.6 days, which would normally be rounded up to 20.

 

So, the contract was not out of date as I previously stated.

[bym007]

My bad, I wrongly assumed that you worked full-time.

 

Your entitlement for a 3.5 day week would be 19.6 days, which would normally be rounded up to 20.

 

So, the contract was not out of date as I previously stated.

 

I worked full time, but because of the long hours in bookmakers industry, I used to work 39 hours in 3 long days (13 hours each day) between Mon-Sat and every other Sunday (once again counted as 13 hours).

 

So all-in-all, I still ended up doing 39 hours per week plus 2 or 3 Sundays a month.

 

Does it still hold on in this case ?