ACAS Claim/Employment Tribunal

[Superdryguy2k10]

I had 3 weeks off sick and upon returning to work I worked for one month and then was offered a demotion but I left and they then said it was misconduct. I got zero notice as they called it misconduct

[Emmzzi]

Did a hearing take place? Do you mean you just left.. Didn't give notice?

[Superdryguy2k10]

Well it wasnt a hearing as such, just a meeting with myself and a manager. I was offered a demotion with a 5k pay decrease plus losing commission also. They offered me a demotion or I could leave so I left immediately. Pushed rather than walked

[Sidewinder]

They cannot withhold accrued statutory holiday under any circumstances - even for summary dismissal. Only contractual holiday over and above statutory entitlement can be forfeited.

 

However I am concerned about the timescale here - you would normally present a claim for Unlawful Deduction of Wages to an Employment Tribunal but have only three months to do so - this leaves you somewhat out of time.

[Superdryguy2k10]

I am not that worried about going to a tribunal, I think if I go straight to the employer they will pay what I'm owed. I was just unsure if I was due anything. Is there any way I should approach them? Eg - mentioning the possibility of a tribunal etc?

[Emmzzi]

They cannot withhold accrued statutory holiday under any circumstances - even for summary dismissal.

 

I was just checking if there was any possible "left us in the lurch, we had to pay agency" counter claim

[becky2585]

I am not that worried about going to a tribunal, I think if I go straight to the employer they will pay what I'm owed. I was just unsure if I was due anything. Is there any way I should approach them? Eg - mentioning the possibility of a tribunal etc?

 

The problem is that your time limit for bringing a claim expired around four months ago! So your employer won't pay up on the back of threatening Tribunal proceedings.

 

How much in monetary terms are you owed?

[Superdryguy2k10]

Well they werent left in the lurch and dont use agency either so that rules that out. I believe it works out around 80 hours at around £9 per hour so around £720, not a huge amount but id rather have that then them

[ericsbrother]

You are still entitled to use the small claims procedure as it is money owed under an agreement. Check your employment contract to make sure that your claim is for exactly what you are entitled to and not a penny more. The holiday year will determine this in some cases rather than accrued holiday so check.

[Superdryguy2k10]

I've just checked my contract and it does state the holiday year run from 1st April to 31st March and that upon cessation of employment any accrued holiday should be paid.

I do believe then in this case that I should be paid 4 months worth of holiday which

[Superdryguy2k10]

Hi All,

Hoping somebody can help me here on what course of action to take?

I work for a particular company where I am paid a flat basic wage and also earn commission on top giving me a good take home pay each month, providing targets are hit.

2 months ago I hit target easily and was expected to take £3k commission but less than 24 hours before payday was told the owner didnt want to pay me £3k and they were deducting £1k off my commission.

Last month, again I hit target and should have taken home £1,600 and basic but due to having 2 weeks off sick (by a doctor with a note) they took all 100% of my commission off me and a manager stated it was 10% for every sick day, and also deducted sick pay etc leaving me with just over £900. I again that month finished top of the stats and feel I should have been paid.

There is a clause in my contract which states commission is paid at the managers discretion but it seems to word it in relation to underpeformance which I clearly didnt. There is also nothing in my contract to state that if off sick you lose commission let alone the 10% for every day off.

It feels as though its been an easy way for the company not to pay me the full salary.

I also had issues with a manager yesterday who spoke to me in front of all my collagues and junior staff and said no wonder people dont like me in relation to my work etc (top of stats/good earner) and I now feel like I cannot carry on working for this company.

 

On top of these issues, I was released by them last year for misconduct and then reemployed, but when I left last year I was also due £750 for accrued holiday which also wasnt paid.

I am now wondering where I stand and what course of action to pursue.

Any help would be appreciated.

 

Thanks

[Emmzzi]

I seem to recall last time round you also had sickness issues and wanted to claim constructive dismissal.

 

I think you need to find a line of work better suited to your personality and health.

 

There's no claim here that I can see.

[Superdryguy2k10]

Yes, I was signed off previously around 18 months ago.

So you feel an employer can hold commission payments due to sickeness despite it not being in a contract etc?

[Superdryguy2k10]

And one more Q? If i put my notice in tomorrow to say leave on 5th as I have found a new job. If my employer tells me to leave, do they have to pay me considering I requested to leave on 5th Nov?

[steampowered]

I think we'd need to see the exact contract wording about commissions to comment.

 

How was the 3k calculated? Is there some sort of common practice or written commission policy in place?

 

And one more Q? If i put my notice in tomorrow to say leave on 5th as I have found a new job. If my employer tells me to leave, do they have to pay me considering I requested to leave on 5th Nov?

Presumably you have less than two years' continuous service, in which case your notice period is only one week.

 

Your employer could in theory give you notice immediately after you give your notice, in which case they would only have to pay you for one week. You would obviously be entitled to payment up to the 5th if you were actually working until the 5th.

[Superdryguy2k10]

Theres no common practice mentioning any 10% per day off.

The 3k was worked out of as a percentage of payments taken etc so 40 payments = £40 and then 50 = £50. I ended on 60 so that should have been 60 x the max of £50 = £3k and was told that the owner just didnt want to pay 3k so paid 2k, dont get me wrong its good but only the top 2 took a hit and people who finished on 30 or 40 were paid the full amounts.

[Superdryguy2k10]

And what would the result be if I put my notice in and they then said I wasnt required to work? Would I then be entitled to the weeks pay? As letting people go seems to be quite common practice

[steampowered]

And what would the result be if I put my notice in and they then said I wasnt required to work? Would I then be entitled to the weeks pay? As letting people go seems to be quite common practice

Yes, you'd be entitled to one week's pay. Assuming you have more than one month and less than two years' continous service, they need to give you a minimum of one week's notice to terminate your employment.

[Superdryguy2k10]

Hi All,

 

Hoping someone can help before I potentially waste my time.

 

I have done the early conciliation process to no avail and

 

 

have since submitted my claim to court via Employment Tribunal.

 

I have now been told the company are being liquidated

 

 

yet another company with the same owner is being started in the same building.

 

 

Where does the claim stand?

 

The dispute was with the old company over pay etc.

[dx100uk]

numerous old threads mereged

 

 

please keep to one thread

on all related issues

for sake of history of previous advise given

and your story

 

 

dx

[Emmzzi]

what on earth do you think you have a claim for this time!?!?!

[Superdryguy2k10]

Its the same ongoing issue.

Its nothing different just progressed down the line and things have changed.

[Emmzzi]

so last time you were out of time for a claim... what's new?