Jump to content


  • Tweets

  • Posts

    • Chargeback completed. Thanks to all for your help!!👍🏻
    • Please notice that I have had to restructure your text and introduce spacing to make it readable – especially for people using the small screen. Please will you make sure that your posts and future are properly spaced and punctuated. Thank you. It's a complicated story – but it certainly seems that Hermes managed to lose your laptop while it was in their care and so you will be able to get the value of your laptop back. We have lots of Hermes stories on this forum and so please will you start reading them up – probably at least six or seven of them. Take your time and understand the principles. Also, at the top of the forum you will find a sticky thread which is about the enforceability of insurance. It is important that you read this because you quite rightly did not take up their insurance offer – but when you sue Hermes – which you will certainly have to do, they will defend mainly on the basis that you didn't take out any insurance. You will have to have these arguments ready in order to knock them back. You will certainly be able to recover the value of your laptop and the delivery fee and court costs. You will understand the whole claims journey when you read the other stories. However, I don't think that the refund that you are hoping to get is recoverable. Can you tell us the basis on which you claimed the refund? Who did you purchase it from?
    • Start off by sending every party involved in this – insurers, doctors et cetera a subject access request. Do this straightaway. No harm at all in gathering as much information as possible. Secondly, people who have asked you for this money and ask them for a detailed account as to the basis on which they believe they are entitled to claim any money from you. Make sure that the letter begins by stating categorically that you do not agree that you owe them anything and that at no time have you provided any misleading information – you want a full detailed report on how they think you have misled them and the justification for the amount of money they are claiming. This is all about information gathering. Send a copy of the above letter to your insurer. It's a saying that you have been taken in by a bunch of ambulance chasers. They are out to rip you off and frankly they don't care how they make their money. Come back here when you have some answers
    • Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.   Accident 30th January 2019   Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)   One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally  I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.   A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc. Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead afterall with the pain I had I may well need treatment which could be costly.   I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.   I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.    They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.   They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc. Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not condusive with the accident.... I was walking dogs without injury the day before my accident on the school run. I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.   Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...   I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.   I have not done anything wrong, if I pay it that is admitting I have lied/misled them.   Can you assist me please???   Rgds          
  • Recommended Topics

  • Our picks

  • Recommended Topics

Former Employer Owes Money - Advice Please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3344 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites

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!

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!

 

Link to post
Share on other sites

  • 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...

Link to post
Share on other sites

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]

Link to post
Share on other sites

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.

Link to post
Share on other sites

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]

Link to post
Share on other sites

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?

Link to post
Share on other sites

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]

Link to post
Share on other sites

  • 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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...