withholding final wage

[tsw1909]

Hi,

 

Until recently, I had worked for a company (in Scotland) where my role was setting up appointments for myself and going out to businesses and selling my company's services. Most of this was done from home as the office was 70 miles away.

 

I only started with them in April and on the 19th July, I sent an email to one of the directors to give them my 1 week notice. As I hadn't signed a contract I naturally assumed that this would suffice.

 

I then contacted the wages person to ask what my wages would be at the end of the month and she told me that I had to contact the director.

 

He sent me an email saying that they are only paying me up to the last time i was in the office.

 

As far as I am concerned, they are just making things up as they go along.

 

What should be my next course of action?

 

Thanks in advance...

[postggj]

7 day letter before action for an employment tribunal claim

 

section 13 employment rights act

 

unlawful deduction of wages

 

their is no time limit (service length) to apply to an ET where wages are concerned

Edited July 31, 2012 by squaddie

[tsw1909]

thanks.

 

How long does it normally take for an ET to get to court? I realise this may vary but is it normally after 12 months type scenario or s it much quicker than that?

 

thanks,

Tommy

[postggj]

anything up to 12 months, but when an employer gets the claim form, they usually settle pretty quick without court action

 

but you must send the employer a letter before action

 

that on its own normally does the trick

 

remember you prob have some outstanding holiday pay as well

[elche]

their is no time limit to apply to an ET where wages are concerned

 

Squaddie has been most helpful, but this part is not correct. I think the confusion may arise because as most unlawful deductions claims are predicated on a breach of contract they can in cerian circumstaces also be brought in an 'ordinary' court wher normal rules on limitation would apply i.e. 6 years.

 

But let's be clear to bring a unlawful deductions claim in an ET, then "The claim must be brought within three months of the date of the last deduction. The deduction happens on the day on which the worker was paid his wages (or the date he expected to be paid if he received nothing).If there has been a series of deductions, a worker has three months from the date of the last of them. If it was not reasonably practicable to bring a claim in time, the tribunal may extend time for the claim."

 

But personally I wouldn't rely on getting an extension but claim in the ET within 3 months, having first done your LBA as Squaddie suggests.

 

Hope this helps.

 

CHe

[postggj]

i seem to have made an error

 

the time limit i was refering to was the length of service before bringing a claim

that is two years now but not applicable with unlawful deduction of wages

 

to bring a claim to a tribunal must be no more than three months less one day from the cause of action

 

sorry for the confusion, i should have expressed myself better

[elche]

Here is a precedent for the Et1:

 

Obviously it would need to be amended to suit.

 

Insert in para 8.3 or 9.1 of claim form ET1:

 

1. 1 The Claimant is employed by the Respondent as a [shop assistant]. His gross wages are £[insert figure] a week.
   
2. 2 In the Claimant's pay packet for the week ending [insert date] he discovered that the Respondent had made deductions from his wages for that week in the aggregate sum of £[insert figure]. The Claimant was informed that these deductions were to reimburse the Respondent for alleged cash shortages during that week
   
3. 3 [These deductions were unauthorised, and made in contravention of the ERA 1996, section 13 as the Claimant had not previously signified in writing his agreement or consent to any such deductions being made/The aggregate sum deducted was excessive in that it amounted to three-fifths of the gross wages payable to the Claimant on the pay day in question, contrary to ERA 1996, section 18(1).]
   
4. 4 It was an express term of the Claimant's contract of employment that, provided he met his sales targets for the calendar year, he would be entitled to a bonus of £500 payable in his first pay packet in the January following the end of the relevant calendar year.
   
5. 5 The Respondent failed to pay the Claimant the bonus of £500 in his January [insert year] pay packet .
   
6. 6 On or about [insert date] the Claimant became aware that the Respondent had been deducting the sum of £[insert figure] from his net wages each week. These deductions, to which the Claimant had not consented, had been made from the Claimant's wages each week since [insert date].
   
7. 
   


1. The Claimant's claim is for:
   
2. (a) a declaration that the said deductions were unauthorised;
   
3. (b) an order for [payment of the amount of the deductions set out at paragraph 2, namely, the sum of £[insert figure]/repayment of £[insert figure], being the amount by which the deductions exceeded the limit imposed by s 18(1) of the said Act];
   
4. © an order for payment of the deductions set out at paragraphs 4 and 6, being the sum of £[insert figure];
   
5. (d) an order for payment for consequential financial loss sustained, namely the sum of £[insert figure], being [bank [and interest] charges]/[give details of any consequential financial loss] resulting from the unauthorised deduction.
   

 

Che

[elche]

i should have expressed myself better

 

[tsw1909]

Your replies are much appreciated, thanks.

 

I will get onto this tomorrow as it works out at just under £3k which is money that I was counting on.

 

Would you suggest recorded delivery or just an email?

 

Once again, cheers.

[postggj]

send an email and a hard copy by recorded delivery

[tsw1909]

I have now sent the letter and was advised by ACAS that I could just do it via email and to give them 14 days. I received an email back asking me to give them documentary evidence that I was indeed working during the month of July.

 

As i mentioned before, I worked from home and basically just used their mobile to contact potential clients or went out handing out business cards.

 

I believe this is just a tactic to say that they have tried to respond to my letter rather than actually try to resolve the matter.

 

should I respond to this or just wait until the 14 days are up?

 

cheers

[Sidewinder]

Just send them a reminder that due to the nature of the job it is impossible to provide documentary evidence, however you are prepared to give them a list of as many premises as you can remember that you visited, and that they are free to check the mobile phone records to determine that you were engaged in making business related phone calls during the period in question.

 

Remind them that this was the nature of the job as determined by your contract and that the clock is ticking.

[assisted blonde]

I would have thought that you would have had a record even a really basic one of who you contact each day so can you not send them that.