Employment/Work and asscioated benefits woes

[Hacked_Off]

"lol"?

 

Not sure what's confusing you?

[JoeyJoeC]

What's the latest with this?

[Hacked_Off]

Not much. Im waiting for my final pay day (tomorrow) which I'm sure will be wrong before putting in my grievance.

[Hacked_Off]

As predicted my wages were wrong, they've not paid any wages at all and my holiday pay is incorrect.

 

I've had another letter from them saying they are "still prepared to resolve". I have a sneaking suspicion this is something to do with the fact the girl who replaced me quit because they changed the hours, again. They are advertising the job again.

 

The fact that I got my p45 in the post two weeks ago contradicts this letter.

[ericsbrother]

what does your P45 say regarding final pay, is that incorrect inasmuch as it doesnt include the monies outstanding or are they treating the monies due as some sort of tax free severance pay (they save a few bob on NI and pension contributions that way as well as not having to send off stuff to HMRC for updating your tax records)

basically a LBA, give them a fortnigh to sort it out and then sue for unlawful deduction of wages/breach of contract for the balance due.

[Hacked_Off]

what does your P45 say regarding final pay, is that incorrect inasmuch as it doesnt include the monies outstanding or are they treating the monies due as some sort of tax free severance pay (they save a few bob on NI and pension contributions that way as well as not having to send off stuff to HMRC for updating your tax records)

basically a LBA, give them a fortnigh to sort it out and then sue for unlawful deduction of wages/breach of contract for the balance due.

 

Final pay is showing correct with the payslip. On the payslip they've added my full months wage but then deducted all of it. They've failed to take into account the cut off/payment in arrears. I am missing two weeks wages.

 

I've filled my formal grievance and they are "investigating your allegations". I've not heard a peep for a week.

[Hacked_Off]

Just to add, when I started this job they deducted money for uniform which is "refundable when uniform is returned". The uniform was left on site (there was no one for me to give it to). They have failed to refund this. I took dated photographs of the uniform left onsite

[ericsbrother]

did you give them a time limit? If not, give them another week and send a properly constructed lba and make sure that a proper time limit is set, 14 days is normal but you could make it 7 or 28 depending on how the pay cycle works.

Lay out your complaint and say exactly how much money is owed and why (ignore tax liabilities) and in the time scale you set make it clear you expect payment by that date or else a denial and breakdown of what they think is correct

[Hacked_Off]

did you give them a time limit? If not, give them another week and send a properly constructed lba and make sure that a proper time limit is set, 14 days is normal but you could make it 7 or 28 depending on how the pay cycle works.

Lay out your complaint and say exactly how much money is owed and why (ignore tax liabilities) and in the time scale you set make it clear you expect payment by that date or else a denial and breakdown of what they think is correct

 

Will do. He's emailed me saying their doing "stage 1 of the investigation on the 15/2/16"

 

I smell a stall to put me outside of time limits..

[ericsbrother]

the response is cobblers and anyway, you want to use the small claims track not employment tribunal so the limit is 6 years. Make sure it is a letter so a paper trail exists rather than email. Get a certificate of posting.

[Hacked_Off]

So, a month after putting in my grievance I've not heard a peep from

The employer aside from an acknowledgement. I've then started conciliation with acas. So then he decides to get his finger out and I've recieved this:

 

 

Following on from my e-mail below, I have completed my investigation with the Management Team who work from our Branch office and now need to arrange a meeting with you, to discuss your grievance in greater detail.

 

I am aware that you have approached ACAS and entered into Early Conciliation; I have discussed the current situation with them and they are aware I will intend to hold a Grievance Hearing/Meeting with you.

 

I have the following dates available: 25/02/16: 29/02/15 and 01/03/16. Would you be available to meet with me on one of theses dates? If so, I understand you live in the x area, so we have two options:

 

Hold the meeting in our Manchester Branch Office.

 

Hold the meeting in a suitable place of your suggestion at a suitable time.

 

In order for me to formally write to you, please give this e-mail your urgent attention and let me have your preferential location, time and dates for the meeting.

 

 

 

I have several issues with this. Firstly I am not available on those dates. Secondly, he suggests i come to them, which is inns different city and would incur costs. Costs he is not offering to pay. Secondly, am I obligated to find a suitable location? That's for them surely? Thirdly, am I compelled to attend a meeting when for one month no response has been recieved and the conciliation process has begun?

[ericsbrother]

Where was your normal place of work? That should be where the meeting takes place unless they agree in writing to pay your travel and other reasonable costs. They are offering to be flexible so use that flexibility

did you send a lba when suggested or just relied on this?

You could also go back to ACAS and ask to use their facilities

[Hacked_Off]

So, due to the ex employers failure to respond to my Greivance I began early conciliation. Which them prompted th not get their finger out. Meeting is tomorrow and conciliation has been extended by two weeks.

 

I have a little question; is it unfair dismissal or wrongful?

[think about it]

How did the meeting go?

[Hacked_Off]

How did the meeting go?

 

He was actually quite reasonable and agreed with lemon all points ie the way this was handled has been a farce. They've made an offer this morning through acas. Close to what I'm asking but I still said no. Every penny or no deal.

[Hacked_Off]

Still no response to my Greivance

 

Acas are saying he's "gone on holiday" I've asked for my certificate number so I can file. This has gone on long enough I think!