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withholding final pay

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hi ,, im new here so please bear with me

 

well i was suspended from my employment at the beginning of the month due to suspicion of misconduct my employment was terminated a week later but when asked if i could see any of the evidence held against me on cctv it wasnt available for me to see and hasnt been since then but they are bad mouthing about me to everyone that goes in the establishment i know for a fact i did nothing wrong at all ... and to top it all off they now wont pay me my final pay which is for three weeks and i beleive they owe me at least 1 weeks holiday but they tell me i'm not acas tell me i am but gets me no where so any help or adice pleases

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Not really enough detail to give a full answer, but here goes.

 

Firstly, welcome to the Forum - hopefully we will be able to help you to resolve at least some of your issues.

 

With regard to outstanding pay and holiday pay, you need to sit down and work out EXACTLY what you are owed. Use rotas and payslips to calculate (from the last completed period of pay) how much work you have done, and therefore what you are owed. The next step is to look at a calendar, and from when your company holiday year started, how much time has elapsed, and therefore how much paid holiday you were entitled to. Deduct what holidays you have taken in that time and see what the balance is. Once you have added A+B, you need to WRITE to your former employer and make a formal claim to be paid the amounts due - give a precise breakdown of how this figure was calculated, as it is far better to justify your demand rather than to just ask for it on the basis that you think that they owe you money. Demand that this figure is paid within the next 14 days or else a written explanation is provided as to why they dispute your claim. If they still refuse to pay without telling you why, then lodge an ET1 with an Industrial Tribunal.

 

As far as the dismissal itself is concerned, there isn't a lot to go on. Certainly if CCTV is used to monitor staff activities, then there is a right to be provided with a copy of any recorded material pertaining to you, and it may be that you have a valid complaint to the Information Commissioner if they fail to provide this. You could try making a formal SAR to the employer's data controller (which may cost you £10), but can you actually prove that such a recording actually exists? In 'bad mouthing' you to others, I daresay that there isn't much that you can do about that. If you have been dismissed for an act of Gross Misconduct (and it is their belief that the dismissal was justified), then they are likely to tell people about it - possibly unprofessional, but their prerogative. If the 'bad mouthing' relates to anything which is true or was not the subkect of the disciplinary action, then you might try a Cease and Desist letter, but unlimately what are you going to do about it? Sueing for slander is not a viable financial option, whatever you might read in the papers.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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i have already posted letters to them recorded delivery and kept copies for myself

i have told them exactly what i believe they owe me only to be told they will not pay me anything at all

i have asked for copies of the cctv footage that the hold on me only to be told i have no right to it

and also saying that someone as tampered with recording equipment and it is now lost!!!

the incident involves money allegedly going missing but what they fail to realise i handled no cash on the premises for the last 2 months of my employment and it was only in the last 2 week that it was supposed to have happened

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Have you actually appealed against the dismissal?

 

How long have you worked there?


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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