money and p45 owed

[mark28]

Hi i have left my job without notice because my boss was agressive for no reason ,,, constantly.

he owes me 2 weeks money and my p45, i made a phone call to ask for it and he hung up on me. im not a confrontational person but what he is doing is wrong and i need the money and p45. could anyone give me a rough idea or template of a letter before action please, i am quite good with words but as its in writing i understand the words need to be perfect .

please help!!!!!!!!

[elpulpo]

A bit of information, did you have a written statement of terms and conditions of employment that stated the period of notice you were required to give?

How long did you work for this employer?

[mark28]

i was only with the company for a coulpe of months . the only paperwork i had says i should have given 2 weeks notice

[elpulpo]

And did the paperwork state that if you leave without giving the required notice, that the employer is entitled to recoup any loss encurred from your failure to give notice by making deductions from any money owed to you?

[mark28]

no words like that at all

[Sidewinder]

If the boss isn't willing to talk to you on the phone then you need to write a letter (courteous in the first instance), asking on what date you will receive your final wages and your P45. Send this by Recorded delivery to make sure that it gets there.

 

Dear Mr X

 

As you are aware, I left your employment on [Date], however I do not yet appear to have received my outstanding wages, holiday pay (if applicable) or my P45.

 

Could you please arrange for the wages to be paid, and the P45 sent to the above address as soon as possible, or otherwise advise me when this will be done.

 

Yours sincerely,

 

 

If the courteous approach does not work, or if you do not receive a response in, say, a couple of weeks (don't forget that for whatever reason you didn't give notice of leaving, so perhaps best not to expect him to put this at the top of his 'to do' list), then you can start throwing LBAs around.

 

Dear Mr X

 

I wrote to you on [Date] asking for the issue of my final salary and P45 to be resolved without undue delay, and to date I have received no response (or in the event that he has refused '.....and you have responded by refusing to pay me or to issue my P45').

 

Please note that I believe that I am owed the sum of £xxx.xx, representing two weeks wages plus £xxx.xx in accrued holiday pay. I would like this money to be paid to me by [Date], or else I will be forced to consider taking the matter to an Industrial Tribunal, as I believe that your failure to pay me may represent an Unlawful Deduction contrary to Section 13 of the Employment Rights Act 1996.

 

If you disagree with my calculation, please provide me with written details of why you believe that this is the case.

 

Yours sincerely,

 

Those two examples can be amended as necessary to suit your purpose.

 

Unlikely as it may be, you do need to be aware that if you have worked for an employer for a month or more, there is a right to be given notice, and the employer could sue you for breach of contract and claim damages caused by the breach. He would have to demonstrate that your leaving has caused a loss of orders, out of pocket costs, for example employing a temp to cover your work, so if he is as difficult as you suggest, then he may well try and hit you with that threat.

 

He cannot though (as Elpulpo was alluding to) withold your wages earned, unless you have agreed to a specific clause in writing which entitles him to do so. Likewise there is a legal right to receive a P45, and you can take that matter up with HMRC.

[elpulpo]

If the boss isn't willing to talk to you on the phone then you need to write a letter (courteous in the first instance), asking on what date you will receive your final wages and your P45. Send this by Recorded delivery to make sure that it gets there.

 

Dear Mr X

 

As you are aware, I left your employment on [Date], however I do not yet appear to have received my outstanding wages, holiday pay (if applicable) or my P45.

 

Could you please arrange for the wages to be paid, and the P45 sent to the above address as soon as possible, or otherwise advise me when this will be done.

 

Yours sincerely,

 

 

If the courteous approach does not work, or if you do not receive a response in, say, a couple of weeks (don't forget that for whatever reason you didn't give notice of leaving, so perhaps best not to expect him to put this at the top of his 'to do' list), then you can start throwing LBAs around.

 

Dear Mr X

 

I wrote to you on [Date] asking for the issue of my final salary and P45 to be resolved without undue delay, and to date I have received no response (or in the event that he has refused '.....and you have responded by refusing to pay me or to issue my P45').

 

Please note that I believe that I am owed the sum of £xxx.xx, representing two weeks wages plus £xxx.xx in accrued holiday pay. I would like this money to be paid to me by [Date], or else I will be forced to consider taking the matter to an Industrial Tribunal, as I believe that your failure to pay me may represent an Unlawful Deduction contrary to Section 13 of the Employment Rights Act 1996.

 

If you disagree with my calculation, please provide me with written details of why you believe that this is the case.

 

Yours sincerely,

 

Those two examples can be amended as necessary to suit your purpose.

 

Unlikely as it may be, you do need to be aware that if you have worked for an employer for a month or more, there is a right to be given notice, and the employer could sue you for breach of contract and claim damages caused by the breach. He would have to demonstrate that your leaving has caused a loss of orders, out of pocket costs, for example employing a temp to cover your work, so if he is as difficult as you suggest, then he may well try and hit you with that threat.

 

He cannot though (as Elpulpo was alluding to) withold your wages earned, unless you have agreed to a specific clause in writing which entitles him to do so. Likewise there is a legal right to receive a P45, and you can take that matter up with HMRC.

Aye

[mark28]

thank you so much i will try and see where it takes me