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Help Please Employer Paid Me Short Approx £400


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I worked for [edit] (for my sins!) for approx 11 months. For the last week in employment I was off sick (sick note provided to them!) and resignation letter sent in giving one weeks notice.! Having just checked my bank this morning I have been paid approx £400 short. I have been paid my monthly commission but not a bonus payment for achieving complete customer satisfaction over the previous quarter - so for work I had already done/achieved. This is paid via a payment of £500 which after tax probably equates to approx £400. Can someone give me advice on what I should put in a letter regarding this. Obviously this needs to be done as soon as possible. Many thanks in advance

Edited by bathspray
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Is the bonus contractual or discretionary? Without seeing the exact terms, it's difficult to say whether it should have been paid.

 

Have to agree with the above. Often properly drafted 'bonus clauses' will be discretionary. The op needs to post the wording of the clause which they might find in their SMT / offer letter or maybe EE handbook. Then we can establish whether the company is in breach of contract for not paying this.

 

Can you post us the wording of such bonus clause OP?

 

As bonuses are within the s. (27) definition of wages then you could potentially bring this claim in an ET and this will cost you nowt, but of course you must do this within 3 months of your effective date of termination.

 

Note to OP - If it were me I would remove the name of the company from the thread :oops:

...................................................................... [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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WEIRDLY THIS THREAD DECLINES TO OPEN ON A MOBILE GIVING "ERROR 500" on S60.

 

While working in a CAB in the past, the majority of people in with disputes had never seen their work contract as they were never given one.

 

It's worth adding if you were never given a contract and your employers are in a weaker position to argue the contract advises the bonus was discretionary.

 

Working for [edit], I am sure they have to be very nice to their former employees!!! :D

 

Do you know anything they would rather have kept quiet? :D:D:D

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Just phone them and ask why it wasnt paid, it may be an oversight or it may be that it was discretionary either way at least you will know why and can procede from there.

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

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Thanks for all the advice - I am going to phone the head office on Monday I was wondering do I say "look if this is not paid I am taking it further -legally!" or just ask the question politely?? . Also how do i go down the Employment tribunal route ... Thanks again

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Reason I am asking about the Tribunal route is that if they want to shaft me ill try shafting them back. I was not allowed to take days off without giving at least 6 weeks notice!!!!!, they were fining myself and other colleagues(but marking it down as commission deductions as they have been taken to court before for this) and generally making life uneasy on a "like it or leave basis!" not just for myself but for others, one other left at same time as me as he'd had enough too.

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Just ask the question politly dont start threatening and mentioning legal sanctions until you have to. You wont know which route to go down for the best until you hear their resons for not paying you. Keep calm is the best way at the moment.

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

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Just ask the question politly dont start threatening and mentioning legal sanctions until you have to.

 

Have to agree with this - who knows it could be an admin oversight on their part. You would not prejudice any future claim in an ET or county court by doing this.

 

If you do call them make a quick note after the call of who you spoke to, general gist of conversation etc just in case you need this info later.

 

Call them and let us know how it goes.

 

Good luck

 

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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  • 2 weeks later...

Well folks I sent this letter out to my Manager at my old work address and still to date I have received nothing. Any advice as to what route to take now please. Also I have a photograph of my screen when I worked there proving that I was top and won it.!!

Thanks again

30th March 2012

Dear Mr xxxxx xxxxxxxx

With reference to my wage slip dated 30/04/12.

I have today received my wage slip for the month end March 2012. On inspection it appears that my payment of £500 for me winning the CSI for the third time has been omitted. This is a payment in respect of achievement of top CSI whilst in my employment with xxxxx xxxxxx and for all work prior to my resignation.

This payment has always been paid to previous employees therefore I would appreciate this matter being resolved as soon as possible and a reply explaining the reason why this has not been paid in writing within 7 days from date of this letter.

Please forward all correspondence to the above address.

Yours xxxxxxxxxx

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