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    • good you've learned to copy and paste.. now you need to answer the questions.....   where each one says Give answer here click it & just type your answer   as for all your documents, emails, appeals/replies etc there is a fully detailed upload<<clickme guide redact anything like pcn/ref no's, addresses, reg no's, pcn,email addresses of YOURS (ie anything they can use to ID you on here) but LEAVE all times/dates costs etc
    • Wait and see what they offer you then.  As I said above, if they have made a mistake it is possible that they might decide not to proceed out of embarrassment, even if the error is not such as to disadvantage you.  They did in SpeedyCBR1100's case.  You might get lucky too.
    • f you have received a parking ticket or a letter concerning a parking ticket:   Firstly, please check whether this is a PENALTY charge Notice or a PARKING charge. If this is a PENALTY charge notice from a County Council or TfL , please click HERE   Do not ever use or give an email address to a private parking company or their dogs   Choose the relevant section below: WINDSCREEN OR ANPR [for ANPR there will be TWO PIX of entry/Exit] copy and paste the relevant questions section to a new reply msg box in YOUR TOPIC...answer each question at its end..hit send/post   For a windscreen ticket (Notice To Driver) please answer the following questions....   1 The date of infringement? Give answer here    2 Have you yet appealed to the parking company yet? [Y/N?] Give answer here YES   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide] By email Has there been a response? Give answer here   Please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Give answer here   What date is on it? Give answer here   Did the NTK provide photographic evidence? Give answer here   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Give answer here   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Give answer here   5 Who is the parking company? Give answer here   6. Where exactly [Carpark name and town] did you park? Give answer here   please do not put JPG Picture files into your post   .............................   For PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)   Please answer the following questions.   1 Date of the infringement Give answer here     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Give answer here   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received Give answer here   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Give answer here   5 Is there any photographic evidence of the event? Give answer here   6 Have you appealed? [Y/N?] post up your appeal] Give answer here   Have you had a response? [Y/N?] post it up Give answer here   7 Who is the parking company? Give answer here   8. Where exactly [carpark name and town] Give answer here   For either option, does it say which appeals body they operate under. Give answer here   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here   Copy the windscreen or ANPR section to your thread and answer the questions... …….... In either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY please do not put JPG Picture files into your post I really don't know how to put all the emails and letters into a PDF and then  put them here.  I have written to all and sundry and have dozens of emails.  The last development was the Cllr for RBKC saying she can do no more but has got the payment date extended to the 5 August and am now waiting for the response from CEO of Peabody or his Media assistant. I find this site difficult to navigate and need someone to help me with technicalities.
    • Thanks for the update   FRB = future revenue benefit   Can you upload the letter you refer to in the last para of your last post but hide all identifiers  - see out upload guide.   I may suggest you send them the same letter I suggested in the post here, but you should alter it slightly to make it your own - https://www.consumeractiongroup.co.uk/topic/435744-hmrc-asking-me-to-repay-fast-tax-rebates-ltd-scam-rebate/?do=findComment&comment=5122682  
    • From Sunday, government payments reduce to 60% towards salaries, with employers paying 20%.View the full article
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Former Employer Owes Money - Advice Please


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I worked for my previous employer from Dec 09 - Mar 12. I've always had problems with my pay, constantly wrong. Several times I've chased them for money they owed me whilst still employed by them, with occasional success but mostly just mind-numbing frustration.

 

I kept records of everything I did. When I received my final payslip I decided to have a look back over the previous 12 months (that's when the pay problems started getting really bad, before that I just managed it by adding the odd hour here and there to my timesheets). I discovered they have short-paid me by more than £1000 over the course of the year. This is a combination of basic hours, overtime, on-call rates and holiday pay.

 

What's the best way for me to get this money off them? I have no way of contacting payroll, nor do I even know the names of anyone in payroll, and there's no HR department.

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If a LBA then send it to the Company Secretary, a Director or somebody similarly high up in the organisation. It doesn't actually matter providing that is is sent Recorded Delivery (ideally) to the Company at their registered address, but sending it to a particular person should ensure that it gets the appropriate attention at the earliest opportunity!

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  • 2 weeks later...

So I wrote the LBA, gave it 10 days... no reply.

 

Tonight I completed an ET claim form online.

 

Now I'm wondering about evidence. What are they going to expect me to produce? I have nothing other than my payslips and my own records of what I've done, which by all accounts is just a bunch of numbers and dates that I've written on pieces of paper...

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Now I'm wondering about evidence. What are they going to expect me to produce? .

 

Just think about what you can produce to prove what you claim. For example how were you told that your wages were going to be calculated - If you have anything in writing saying that you will be paid X per hour then this, if you were told verbally at interview that you would be paid X per hour then make notes of as much of what you can remember about who told you this - the Who, What, Where, When and Why.

 

Then you need to use the records you say you have to prove why this was not complied with e.g. list all your hours for each day in for example June and, then show your payslip for June which should show a figure less than you expected. i.e. from multiplying number of hours by your hourly rate.

 

As the Claimant the general principle is that you have to prove your claim, not the Respondent prove their innocence. But in reality, if you prepare a nice neat schedule calculating and clearly showing the above, then your ER may well be on a sticky wicket if they have no documentation to refute what you say.

 

After all they are the ER and assumed to have all the resources to keep proper records?

 

Becky rightly says that if you claim within three months of the last deduction and the deductions represent a series of linked deductions then this could go back the entire way. BUT of course you would need to put that claim in within the three months.

 

I think you effectively have three options now you have ceased working for the ER.

 

a) A claim for unlawful deductions under PtII of the ERA 1996 in your ET

b) A claim for breach of contract in your ET

c) A claim for breach of contract in a county court

 

There are subtle differences between the above e.g the ER can counter claim in actions B + C but not in A, and thus sometimes A is the best route; it can depend how much you are claiming.

 

How much do you reckon in total you are owed and how have you worded your ET1?

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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It states my rate of pay on my payslips so no worries there. They owe me £956.73.

 

Most of my records don't show what I worked on a daily basis, just weekly totals. That shouldn't matter though right? I have daily totals for the last 6 months or so but only because the company decided we had to start submitting monthly timesheets, on top of our daily and weekly ones, and I made copies of those. I'm just wondering if it would be worth doing a SAR to get copies of all my timesheets?

 

The wording of my ET1 is as follows...

 

Background and Details

In the final year of my employment with x, there was a continuous series of unlawful

deductions from my wages. These deductions were made up of a combination of unpaid hours, holiday pay

and payments for being on-call. I made numerous attempts to rectify the situation with varying amounts of

success, at least in the early part of the year. The main people I dealt with on the matter both left the company

part-way through the year, after this it was practically impossible to do anything about it. I would still notify my

line-manager every month about any deductions, but he was totally ineffectual.

The time period I am referring to is 21st March 2011 until 30th March 2012. The 21st of every month being the

first day of that pay period, 30th March 2012 is when I received my final pay after leaving the company. During

this time my pay was wrong every month.

 

Compensation

73.18 unpaid basic hours @ £7.50 = 548.85

11 unpaid weekend hours @ £8 = £88

6 unpaid days on-call @ £20 = 120

outstanding holiday pay of £341.40

Minus a 'salary in arrears' payment of £141.22 in July 2011.

Total: £956.73

 

Other Info

I had no written contract with x despite asking for one on several occasions.

My hours were variable 'as required', as such the way I have calculated my holiday pay is 12.07% of hours

worked.

I always received my pay slip late, sometimes more than 3 weeks late so that we were already in the following

pay period, despite numerous reminders that it is a legal requirement to supply them on or before payday. This

of course made it more difficult to get deductions rectified.

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It states my rate of pay on my payslips so no worries there. They owe me £956.73.

 

Well then the dispute is number of hours rather than rate per hour. I still reckon the unlawful deductions claim in an ET is your best route - less formal procedures, no issue fee etc etc

 

On top of this you have a possibility (i think) of 'piggybacking' onto the deductions claim the failiure to issue SMT (potentially 2 or 4 weeks pay as compensation)

 

Are you claiming any unpaid notice pay?

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Well I gave a week's notice and worked it, haven't paid any attention to whether it was paid, I've just lumped it all in with the calculations for the whole year.

 

What's SMT? And is it too late to do that since I already submitted the ET1 earlier?

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smt - sorry I mean 'Statement of Main Terms' - I just mean the statement of written particulars i.e. your employment contract - don't worry you seem to have mentioned this so no worries

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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  • 3 weeks later...

Hi guys,

 

Today I received a letter from my former employer with regards to an out of court settlement.

 

With regard to your claim for discrepancies in your payment we would like

to inform you that we are happy to settle the matter out of court and agree to

pay you the total sum you have claimed £956.73.

 

Could you kindly confirm if you would be happy to agree to this

settlement and sign off the attached letter and send it back to us. We would

then immediately proceed with the BACS transfer directly to your account once we

have received the signed copy back.

 

Also, we would appreciate if you would be able to confirm if you would be

willing to withdraw the claim from the Employment tribunal since all payment

owed to you would be cleared.

 

The bit at the bottom they want me to sign reads:

 

I agree / do not agree to accept an out of court settlement figure of

£956.73 and withdraw my claim from the Employment Tribunal Service with

immediate effect.

 

Once I have signed and agreed to these terms, I will be unable to approach ******** Ltd at any point in the future with regards to any further legal proceedings.

 

So what do you guys think? Does it all sound above board? Do you think it sounds as though they're overly keen to block me claiming anything else against them? Maybe a possible compensation award over the SMT thing that Che mentioned earlier? What's the likelyhood of me getting something like that if I refused their offer?

 

I really don't know what the best way to proceed is.

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Not a legal opinion but if you worked it out that this is what they owed you and they have accepted their mistake accept it as you have got what you are owed. you could try and push for more but do you want the hassle, employers make mistakes they are not perfect and they are offering what you originally requested so I would say its fair.

If I have been of any help, please click on my star and let me know, thank you.

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