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Zorro01

Former Employer withholding money

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Hello all. I will keep this as breif as poss.

 

I have been very ill recently in and out of hospital, operations etc which obviously meant time off work of which my employer was informed the same day as I was rushed to hospital. I ended up having 5 weeks off sick during which time I recieved no payments from the company (no SSP or outstanding monies).

At the end of my 5th week my employer contacted me and asked if I could come in and help out just at the weekends and he promised I would only have to do light duties. I agreed.

So I was working Sat & Sun as instructed by my boss whilst awaiting my second operation and worked a total of 2 full weekends and a sunday = 5 days of which I still wasn't paid any money.

The monday morning I contacted my boss and explained that I hadn't been paid any money for 9 weeks and that I would need some money ASAP. He said he would call me back later that day once he has sorted it out.

 

In the afternoon he called me up and told me he has sent me a payment out in the post; he went on to say that the company is struggling and he has to dismiss 8 people from the company of which I am one. I was annoyed of course but what could I do.

 

A couple of days later I applied to the benefits office and explained what had happened and they told me that I should be paid a weeks notice and my outstanding holday pay and recieve my P45 and would also need my last 5 weeks payslips (never recieved any?)

 

I asked my boss for these they said "I am not entitled to anything and they sent me a letter asking why I was only attending work at weekends and not doing my normal 5 days"?

 

After several letters I got in touch with ACAS who spoke to the company on my behalf and asked them to pay me up and today I recieved a cheque for £300.00 which is less than half of what is owed.

 

I am thinking about going to a tribunal but wanted some advice first as it seems they are trying it on so to speak and I know that is how they operate anyway.

Can anyone offer up some advice as I am at the end of my tether with this lot.

Thanks for reading.


VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Hello and sorry to hear about your problems.

 

Could you tell us why you are thinking of a tribunal? If it's over outstanding money, then you have other remedies. I hope someone else will confirm, but I've seen people on the forum being advised to threaten court action.

 

I'll see what I can find on google and hope that some of the others will be along soon.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hello again. I think it might be worth having a chat with ACAS. Their helpline is confidential. Here are some details.

 

Helpline

The Acas Helpline is the place to go for both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

Call the Helpline on 08457 47 47 47.

(Monday to Friday, 08:00-20:00 / Saturday, 09:00-13:00)

 

 

HB

Edited by honeybee13
Add helpline

Illegitimi non carborundum

 

 

 

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I have already tried that and all they could achieve was encouraging my ex-employer to send me a cheque for £300. I need to step it up a bit cause this is a very dodgy company at the best of times and they owe me nearly £800 pounds.

To answer your question regarding why I consider a tribunal is because I thought the fact that my ex-employer broke so many rules regarding paying my sick pay(not paid anything for 9 weeks and yet today sent me info showing the payments at weekly intervals), not dimissing me appropriately just told me over the phone, lying about sacking 8 employees (only sacked me) and the fact he 'hood-winked' me into coming back to work weekends so that I wasn't on a sick note and therefore they could sack me.

I don't know if employment tribunal is best or court action etc. Could really do with a bit more advice.

Thanks.

Edited by Zorro01
missed out info

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Both civil courts and tribunals can hear your case...

 

Your best course of action would be to send your employer a letter before action giving them 14 days to pay the wages owed (inc. notice period, holidays, etc...).

 

If they fail to pay you within that time-frame, you should lodge a claim for unlawful deductions of wages.


---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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I sent them one already a while back. I have done everything within reason over the last 35 days to reslove the matter but they are side tracking all the time.

These are the points in my favour may help decide or narrow done advice from you all.

 

No SSP or other monies paid for 9 weeks. Got given cheque with the letter saying I am dismissed.

Employer failed to follow dismissal procedures.

Employer refused to give ANY pay slips or contract of employment - coincidentally upon asking for these things I was removed from my job which amounts to unfair dismissal I think as I was acting on a statutory right.

Employment law is so awkward.

There are several other things I have against them so taking all this into consideration where do I stand. ie - court or tribunal etc.

 

p.s - should I except the £300 as a PARTIAL PAYMENT and then pursue the rest or will that effect things for me???

Edited by Zorro01
changing details

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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I sent them one already a while back. I have done everything within reason over the last 35 days to reslove the matter but they are side tracking all the time.

These are the points in my favour may help decide or narrow done advice from you all.

 

No SSP or other monies paid for 9 weeks. Got given cheque with the letter saying I am dismissed.

Employer failed to follow dismissal procedures.

Employer refused to give ANY pay slips or contract of employment - coincidentally upon asking for these things I was removed from my job which amounts to unfair dismissal I think as I was acting on a statutory right.

Employment law is so awkward.

There are several other things I have against them so taking all this into consideration where do I stand. ie - court or tribunal etc.

 

p.s - should I except the £300 as a PARTIAL PAYMENT and then pursue the rest or will that effect things for me???

 

Well, therefore you should lodge a claim in a tribunal for unlawful deductions of wages, and possibly unfair dismissal... in itself, failure to follow disciplinary and grievance code of procedures does not make a person or organisation liable to proceedings. However, a tribunal will take the Code into account when considering relevant cases and could increase any award by 10-25% as a result of such failure.

 

And as per the £300.00, indeed, you should accept as partial settlement of your claim(s).


---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Thanks I will cash the cheque and fill out my tribunal form.

Any other opinions welcome. :-)


VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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