Redundancy pay problems

[Strageway]

Thats great. Thank you ever so much for that. I really do appreciate it! Wish I could compose letters like that!

[Emmzzi]

court fees here. for initial cost of £25 I'd say worth a punt

 

https://www.gov.uk/make-court-claim-for-money/court-fees

[woad]

Just do not mention court at this stage. Your aim is to resolve this amicably; after all, you may need a reference from this employer in future. Secondly, by adopting a reasonable, polite, but firm attitude, you can demonstrate that we're reasonable from the outset should this lead to a dispute.

[honeybee13]

Thats great. Thank you ever so much for that. I really do appreciate it! Wish I could compose letters like that!

 

Hello there.

 

It's good that you're pleased, Woad seems to have done a good job.

 

If you haven't already, you might consider saying thank you to Woad by clicking on the star at the bottom of their post and leaving a short message to enhance their reputation.

 

HB

[Strageway]

Hello there.

 

It's good that you're pleased, Woad seems to have done a good job.

 

If you haven't already, you might consider saying thank you to Woad by clicking on the star at the bottom of their post and leaving a short message to enhance their reputation.

 

HB

 

I will do

 

They have replied. They are saying they wont pay it stating they are well within there rights not to pay me and to only pay me up until the day I stated my new employment!

 

I pointed out the fact that they didnt give me a choice whether I wanted to work it or not so why should I be penalised by there own decision. I would have worked the 4 weeks notice if I knew they would do this!

 

So with the letter they sent me cleary stating I didnt have to work it does that mean I have a good chance winning a small claims case or is it going to be a 50/50?

 

Im just upset that the owner himself said to me in the meeting "You are free to find another job within your notice and even if you get one straight away I will still pay you" I obviosuly dont have this is writting but being an honest person and obviously a bit naive I didnt think to ask for it in writing.

 

I hope you can get the gist of what help or advice I am asking for and can help me.

 

Thank you in advance

[woad]

You need to raise a Notice of Grievance, referring to their letter that as you were made redundant you have the right to seek employment during your notice period, and they confirmed in writing that you were not expected to work during your notice period and therefore were free to seek and start a new role, and this was verbally confirmed by the managing director (or whatever his position is). A key point here may depend on the exact wording of their response; if they have not denied your point that the MD verbally confirmed you could start work elsewhere, then it is taken as read that they acknowledge he did indeed do so. (This is why when responding to any allegation of misconduct, for example, it is essential to challenge every point; unchallenged points are taken that the employee accepts them). If they later try to deny it, you have at least two pieces of correspondence where it went unchallenged.

 

Why do you need to do this? You may be able to raise a case of Wrongful Dismissal via an employment tribunal, but to do this you must be able to demonstrate that you followed the company's complaints system and gave them every opportunity to resolve the issue. I am not a lawyer, but I would imagine the same holds for the small claims court.

 

Their response was very quick - too quick to have been dealt with by mail... did you post a letter or use email? I suggest using a written letter, as it completely avoids any suggestion of an "unauthorised member of staff", "my PA", "you forged it" etc. Also, its easy to get proof of posting. And most magistrates are more familiar with letters rather than email! Heck, I know of one who was unconvinced that fax's were a valid form of communication, 15 years after they were accepted as such!

[Strageway]

Yes I sent the letter that was kindly templated for me with the obvious adjustments via email but also posted a typed version today via recorded mail.

 

His response "As per my previous email, we placed you on 4 weeks gardeners leave which was an act of goodwill on our side when you consider the alternative. Since you started your employ within this period we are entitled to reduce your gardeners leave accordingly. "

 

Any suggestions?

[woad]

Did he state the alternative? There is no alternative other than to pay you 4 weeks salary in advance and dismiss you with immediate effect, or to ask that you continue to work AND grant paid time off to seek alternative employment. He HAD to give you 4 weeks notice.

 

Now, as stated, I am not a lawyer, but imho this is certainly worth considering taking further. At least a freebie 30min initial consultation with a specialist employment solicitor, or CAB. I'd be spitting blood. BUT, I have to add, you may feel it is not worth the hassle for the £300 you are owed.

[Strageway]

Did he state the alternative? There is no alternative other than to pay you 4 weeks salary in advance and dismiss you with immediate effect, or to ask that you continue to work AND grant paid time off to seek alternative employment. He HAD to give you 4 weeks notice.

 

Now, as stated, I am not a lawyer, but imho this is certainly worth considering taking further. At least a freebie 30min initial consultation with a specialist employment solicitor, or CAB. I'd be spitting blood. BUT, I have to add, you may feel it is not worth the hassle for the £300 you are owed.

 

No did not state an alternative!

 

If it will only cost me £25 to make a small claim then I will more out of principle! I was going to reply saying, "by law I had to be given 4 weeks notice so I have no idea why you say this 4 weeks leave was given as a goodwill gesture when it was you who told me not to attend work!" I however didnt as this is tit for tat but it annoys me that he can reply with nosense but I cant!

 

So now, Do you go to the small claims court and make a claim? Do you know the process? and what claim I need to make?

[Emmzzi]

write another letter headed "letter before action", setting out what you believe the position to be.

 

Give him a week to reply, then lodge your claim at money claim online.

[Strageway]

write another letter headed "letter before action", setting out what you believe the position to be.

 

Give him a week to reply, then lodge your claim at money claim online.

 

I will do.

 

Sorry I know it seems im asking for everyone to do the work for me but I honestly have no idea how to format or what to write with theses things.

 

Would I say. something like.

 

Letter Before action.

 

I hearby give you 7 days notice from the date of this letter to pay all monies owed to me.

 

I believe I am entitled to £xx for my 4 weeks notice from which I was told not to work.

 

You have told me that, this 4 weeks leave was given out of goodwill and nothing more when actually the law states I must be given 4 weeks. You also mentioned something about what the alternative would have been but failed to mention this to me.

 

I believe there has been a lot of failings ragarding this matter and all I wish is to be amicable and have the monies I am owed paid to me.

 

Any more help would be greatly appreciated

[Strageway]

Sorry one thing I forgot to add, He has requested that all correspondence now be sent to his outsourced hr manager/depo. Should I do this or should I carry of sending them directly to the director?

[Strageway]

Can oneone advice on the way I should format the letter before action letter? Received another email stating he has no intentions of paying it as he firmly beleives the the 4 weeks garden leave was given at his discretion and "not a legal entitlement"

 

So I suspect im not going to receive a reply to my letter so am wanting to get the before action letter done and ready to fire off asap so I can start the 7 day counter.

 

Once again I really do appreciate all the help I have received.

[Emmzzi]

how long did you work there again?

 

https://www.gov.uk/redundant-your-rights/notice-periods

[Strageway]

how long did you work there again?

 

https://www.gov.uk/redundant-your-rights/notice-periods

 

3 and half.

 

It says on the letter they send me "You have worked for the company for 3 years and are entitled one months notice" So if this is not the case can I still use the letter as fire power? To me that letter is a contract or written aggreement of what the company was given me! Or is this not the case?

[Emmzzi]

Was just checking if you had a secondary point to back you up due to length of service.

 

I think a judge needs to decide, but your odds look reasonable to me.

[Strageway]

Cool thank you

 

He has accused me of being threatening as the day I got paid, In a bit of a rage, I emailed asking him why I had been uderpaid and when he replied saying he was only paying me up to the 13th as thats when I started my new job. I tired to call him several time throughout the day and kept getting fobbed off and being told he wouldnt take my call. So to me it was obvious he was avoiding me and this clearly showed what his intentions was so I fired off an email saying if he didnt reconsider I would seek legal advice.

 

Have I harmed my case doing this? I do see how its threatening but I do understand I should have asked again in the correct manner via written letter for proof before saying legal advice but I have no idea about all this and could not see the difference. He is allowed to refuse to pay me and mess me about but when I mention that I would take legal advice thats threatening!

 

Can someone please point me in the direction of where I can find a "letter before action" template?

 

Thank you

[Emmzzi]

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

 

ANNEX A

 

Guidance on pre-action procedure where no pre-action protocol or other formal pre-action procedure applies

 

1. General

 

1.1 This Annex sets out detailed guidance on a pre-action procedure that is likely to satisfy the court in most circumstances where no pre-action protocol or other formal pre-action procedure applies. It is intended as a guide for parties, particularly those without legal representation, in straightforward claims that are likely to be disputed. It is not intended to apply to debt claims where it is not disputed that the money is owed and where the claimant follows a statutory or other formal pre-action procedure.

Back to top

2. Claimant’s letter before claim

 

2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

(1) the claimant’s full name and address;

(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);

(3) a clear summary of the facts on which the claim is based;

(4) what the claimant wants from the defendant; and

 

(5) if financial loss is claimed, an explanation of how the amount has been calculated.

2.2 The letter should also –

(1) list the essential documents on which the claimant intends to rely;

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

2.3 Unless the defendant is known to be legally represented the letter should –

(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and

(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.