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secretlemonadedrinker

Outstanding pay owed from ex-workplace

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I posted a while back about my now ex-workplace upon issues with late pay every month. Well after just 4 months with the company I was dismissed without good reason earlier this month, essentially for taking 3 days off ill.

 

To cut a long story short I was dismissed on the spot as soon as I came into work following my sickness without any prior warnings, verbally or written. I asked for a written confirmation of my dismissal when this happened and was then shown out of the building (so I wasn't even given a weeks notice!).

 

Following my dismissal I've been checking my records and payslips and discovered that I was underpaid on the previous two months wages, as well as being owed 5 days of pay prior to my sickness. I've yet to recieve this pay, or my p45, & my written letter of dismissal; I have already written a couple of weeks ago to them, to state that I was anticipating my outstanding pay and p45 from them of course nothings surfaced yet.

 

I am in the process of currently sorting this with acas, as advised I'm waiting till the 5th day after my pay would normally be due (28th of the month) to phone them and advise how to take this further.

 

I'm a little concerned about taking it to an employment tribunal at the moment should it escalate further. If I did would I have to incur any fees/possible costs as of this stage? as I'm just not able to afford any costs whatsoever; I'm now on job seekers allowance and paying outstanding debt from university so a couple of £1,000's in expenses doesn't fill me with joy, nor do I even have that amount of money to hand, and I wouldn't put it past my ex-workplace to charge me fees for it to be honest.

 

So essentially I'm after advice on where I would stand with an employment tribunal and if there is perhaps another way that I could get my outstanding pay owed from my ex-employer?

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Hello there. Others will hopefully advise you on how to threaten your ex-employer with court proceedings to extract the money.

 

There are one or two threads on the forum about respondent's legal fees and the threats that solicitors make to people like you. It's highly unlikely costs will be awarded against you, unless your claim is frivolous or you don't co-operate with the ET. Have a read of the Tribunals Service website for more information.

 

As other threads will show you, quite a few caggers have self-represented at tribunals and done well. You would have the advantage of not paying fees to anyone else and the tribunal will try to help you because you are a lay person.

 

My best, HB


Illegitimi non carborundum

 

 

 

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If you are simply owed money from wages then you can make a tribunal claim within three months of the underpayment and you do not require legal representation - it's easy to do it yourself. If you are out of time for a tribunal claim you would need to make a small claim for which there is a small fee (which you can reclaim as part of the claim) and still do it yourself - people do this sort of thing all the time and it's far from rocket science so you should be fine.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Do you have home insurance? If so, your legal cover may be able to assist you with this, with the assurance of no fee's and, at the very least, some good advice (hopefully!)

 

Essentially, the underpayment is a breach of contract best dealt with by an ET.


Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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