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How Do I Make A Claim For Unpaid Wages?


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Hi,

 

I was due to have a disciplinary hearing for gross misconduct but even though it wasn't true I decided it would be better to hand in my notice before so it wasn't on my employment record. I received a letter from my employer confirming the end of employment but it is clear they are trying to say I resigned without offering to work notice. This is untrue, I offered notice but it was agreed that I didn't have to work any and my resignation was with immediate effect. I suspect their reason for this is due to a clause in my contract which says that unless I give four weeks notice they are entitled to withhold any wages due or claim any overpayment. My understanding is that even though this is in my contract it is not legal as any outstanding wages must be paid in full and if there is a breech of contract the employer must make a claim against you.

 

In light of the above I can see this ending up in me having to fight for any outstanding monies could somebody point me in the right direction as to how I might go about this?

 

I am also worried that any future references might say that I resigned pending a disciplinary hearing can they say this?

 

Thank you in advance for any help.

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Oh dear - you have done this in just about the worst way that you could have done. So yes - any reference can certainly say that you resigned pending a disciplinary hearing for gross misconduct. It would be atrue statement, and given the way that most employers will interpret your resignation, may as well say that you were found guilty of gross misconduct. The only thing to do in these circumstances is to stick around and fight, because at least then you have a chance of a tribunal. But too late for that now, I'm afraid.

 

As for the refusal to pay wages, then they are correct about overpayments - these can be deducted given the clause. But you are correct (-ish) on the rest. They cannot refuse to pay wages owed to you, but it is possible foran employer to sue for quantifiable loss. What many do is exactly what they seem to be doing. Refuse to pay, leaving you with no alternative but to sue - then they countersue. So if you don't sue they get to keep it - if you do and they have a case to countersue , then you do all the work and they let you, and then wipe out what you eventually get.

 

But at this stage all you have is what you suspect - they haven't said a thing as far as I can see. So your first step will have to be to take the matter up with them formally and in writing, outlining what you allege they owe you and asking when it will be paid. Then you need to come back if that does not get the money paid to you, or you need further advice.

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SarEl, is it too late to do anything about the gross misconduct charge if it's unfair? I had an idea that sometimes a grievance could be raised after employment ended. This is a vague memory of something on the forum, I don't remember where and this case is probably different.

 

Thank you if you have the time for a quick law class, or just a 'no' :).

 

My best, HB

Illegitimi non carborundum

 

 

 

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I am in a terrible financial position and the most important thing to me at the moment is to have some sort of income. I went to the CAB the day before the hearing (which there is no doubt I would have been sacked at) and they said when I claimed for JSA and housing benefit a claim for resignation rather than gross misconduct MAY have shorter time penalties to it. I tried to get an answer from the JC but no one would give me a striaght answer so I though resignation was the best option. It wasn't until I had resigned that they pulled the no notice thing out of the hat and I naively thought my employers would state resignation until I got the letter from them saying "resignation, pending a disciplinary hearing". As I couldn't get a straight answer from anybody I knew it was a gamble which everway I went for the best outcome but it seems I have lost, which I should have known i'm a terrible gambler :lol:. I have only worked for them for 8 months so as far as I am aware I am unable to make a claim for unfair dismissal as it didn't involve sex/racial discrimination?

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I think you're right about your options with under a year's service, but SarEl is the expert.

 

I think the CAB were right about JSA, but you'd be better asking that question the Benefits forum here. They're a nice bunch of people, you'll get advice there.

 

HB

Illegitimi non carborundum

 

 

 

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One can certainly submit a grievance after ending employment, but in any circumstances it is generally a pretty pointless thing to do because any claim for unfair dismissal (and the OP is correct, there isn't one here) depends upon having exhausted internal procedures. And whilst I can see the point CAB were making, I am not samguine about benefits - the resignation was pending a disciplinary and therefore I cannot see JobCentre staff being any more sympathetic than potential employers. Resignation in the face of a disciplinart is almost always taken as a sign of guilt. Housing benefit does not have the same rules though - I am almost sure that it is solely income based. I wouldn't pretend to be an expert on benefits though and I only really glean things through my clients.

 

Unfortunately, I can't really add anything to what I have said on the wages issue - the first step must be a written request for the money, so that if they refuse, you can send a letter before action - but bearing in mind that action is not enitirely risk free.

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