Employer not paid my expenses

[RichardFowles]

Hi All,

 

I left the employment of a company on the 31st August with my last day at work being the 18th August. On my last day I submitted a claim for my expenses for the last six weeks of my employment electronically along with a paper copy of receiptsto support it..

 

The claim was a similar amount to what I had claimed most months for the previous 4 years and had been paid without quibble by my employer. (expenses usually being credited to my account within 5 days.) However, the week before I left in my exit interview I said the reason I was leaving was due to the management style of my new line manager. After a month I wrote to the company to ask why I had not received my expenses and was told they needed more information. I inquired about what it was they required and found that in actual fact the claim had been rejected by my former line manager. After pointing this out I was then asked to fill in a manual process as I was now a former employee. I submitted three weeks ago with a note saying they had the hard copy receipts as these were submitted on the 18th August. I have since been asked to send further information, I did this a few days later as my claim was consistent with the expenses policy. I chased the claim and again last week and have not received a reply.

 

The claim was for £560, if it was £50-£60 I would have chalked it up to experience but because of the sum and the way this has been dealt with by my former employer I feel I need to pursue them for both the money and an apology.

 

Any advice as to how I can both recover my expenses and also get an apology from the former employer would be welcomed.

 

Thanks

[obiter dictum]

To enforce this if needed will be via an Employment Tribunal claim as Unlawful deduction of wages

 

You only have three months less one day from cause of action to bring a claim. That will be from when the expenses were due to be paid

 

If i were you i would contact ACAS on monday to register the claim, that will give you an extra month before instigating the claim with the tribunal service, and might wake up your former employer to reach a conciliation

[RichardFowles]

Thanks, I will contact them first thing

[Mike_hawk]

Thought you'd had a reply [re; tribunal] but it seems to have disappeared

 

Given the value involved it may be a simpler, quicker and cheaper option to issue a money claim on the sct........ would certainly help if you could evidence the contractual term/s regarding expenses.

[SabreSheep]

SCT would be cheaper, faster and simpler than a tribunal

[obiter dictum]

The reason i mentioned Employment Tribunal is that it normally wakes up the employer to reach a quick settlement through conciliation.

 

The first Statutory month of ACAS concilliaton is of no cost and will save on any County court fees outlay to begin with.

 

If the OP has not been paid what is due from his previous employer he might be short of cash to pay the County Court fees upfront

 

That is if the OP decides to use the County Court instead of the Employment Tribunal Service which both offer fee remission if on means tested benefit or low income

Edited November 8, 2015 by obiter dictum

[peterm41]

I'm sure its just an oversight on their part. I would, respectfully, escalate the matter upward in the company and copy in the HR department

[RichardFowles]

I'm sure its just an oversight on their part. I would, respectfully, escalate the matter upward in the company and copy in the HR department

 

Hi Peter

I have written to my line manager, the head of HR and the CEO. each time has resulted in the issue being refered to my line manager with no progress. I wrote to the CEO again on Sunday giving a deadline for resolution by close of play today otherwise I will take legal action.

Cheers

Richard

[peterm41]

Hi Peter

I have written to my line manager, the head of HR and the CEO. each time has resulted in the issue being refered to my line manager with no progress. I wrote to the CEO again on Sunday giving a deadline for resolution by close of play today otherwise I will take legal action.

Cheers

Richard

 

Ahh...well let's hope the CEO does the right thing....sounds as if you have done what you can with in the company structure. ..

[ericsbrother]

If they dont respond to your deadline you should give them a formal warning of impending court action and give them say 7 days to either pay up or refute the claim. The wording has to fulfil the protocols of CPR so make sure that it does. Address the letter to the either CEO or company secretary

[SabreSheep]

Also keep proof of postage and proof of delivery for the "Letter Before Action" (of which should be included in the title as well)