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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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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

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


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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

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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.


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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?

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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 :)


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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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?

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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 :-D

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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.

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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

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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 :-):???:

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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.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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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?

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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?

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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.


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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.

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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

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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.


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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.

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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


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Its the same ongoing issue.

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

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


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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