employer refusing to pay final wages

[blossom1977]

hi, i was sacked by my employer 2 months ago (i think it was an unfair dismissal, but im not going down that route...) I recieved a final pay checkinvoice) and the money was due to be paid into my bank account 2 weeks later. on "payday" i received a letter stating that, i still had, in my possesion company equipment, exceeding my final wages, so i would not be paid my final wage. (for the record, i dont have this equipment) so i sent a letter asking for proof of my having the 2 pieces of equipment in question (the company has a system in place of signing in and out equipment) They sent me a photocopy of a piece of paper that basically said "equipment number 104 received by mr taylor (me). it wasnt signed by me and was not on the regular "equipment received" documentation. they totally ignored giving any form of proof to me having equipment piece number 2.

So i wrote another letter basically saying, i dont have the equipment and your evidence suggesting, that i have it in my possesion, is inadequate. they replied saying that "i do have the equipment and they, will not be paying my final wage".

so what do i do now? send another letter, saying i dont have the equipment and if im not paid in xxx days i will commence legal proceedings?? do i just commence legal proceedings? do i have to go down the mediation route? or is it best to go down the employment tribunal route?

thank you in advance. im extremely gratefull for any advive given!

[blossom1977]

forgot to add......after speaking to several dismissed employees. the company did exactly the same to all of them.... no final pay, due to "stolen" equipement

[mariefab]

Setting aside for the moment that you don't have their equipment....

Did you have a contract of employment that contained a clause stating that they could deduct the cost of Company equipment if it wasn't returned when your employment ended?

Or did you sign any other agreement that would allow them to do this?

[blossom1977]

says nothin in my contract about returning equipment. i actuially forgot to add. i asked in my letter to see a copy of my contract. the contracti signed goes from page 1-32. they added another page at the end (entiltled page 64???? that included the bit about returning equipment) my signature is at the end of page 32. page 64 was addedwheni asked for a copy

[blossom1977]

sorry for typos

[mariefab]

Could you please quote exactly what it says about returning equipment on this 'page 64'.