Not been paid by work

[Ftgab19]

Hi everyone

 

Not sure if this is the right place to put this.

But I haven't been paid by work and I'm not sure what to do.

 

Details:

 

I worked for this company from the 14/11/2016 to the 23/11/2016.

I worked two shift patterns in the 7 days I worked there.

They were 9am to 6pm and 10am to 7pm.

I had half an hour for dinner and two 15min breaks, so in full I worked 8 hour days.

 

Now since I'm 25 I was getting 7.20 an hour so I think I'm owed about £403,

 

 

I was fired for supposedly swearing on the head-set when I should of been working.

They didn't offer any proof and I don't remember doing that.

They said I'll be paid on the 06/12/2016 but I checked my bank today and they haven't sent anything.

 

I've tried ringing the number I was given in the interview but I can only seem to leave a message. which they haven't got back to yet.

 

Would like some advice on what to do next.

 

Thanks

Andrew

Edited December 11, 2016 by dx100uk
corrected...paid not payed...dx

[Ftgab19]

Update

 

Just had a call back from the company.

 

They said the reason I've not been paid is because with me being a new employee at the time, I wasn't using the clock-in service so accounts didn't have the hours I did to process my pay cheque.

They also said the guy at accounts is in training currently so he'll need to ring me tomorrow to go-though my hours and process my pay cheque.

 

I have to be honest from the way they sound I don't believe what there saying.

They knew I wasn't using the clock-in system when they fired me so I'm finding it hard to believe they've waited until now to sort this.

 

Thanks

Andrew

Edited December 11, 2016 by dx100uk
paycheque not check..dx

[ericsbrother]

It will probably take a week to sort it out but you cant do much about it if they take a month. Ring them again on thursday and ask how long.

[Ftgab19]

Thanks for your reply Ericsbrother

 

I could really do with the money within the next two weeks to be fair. I signed back on the dole when I was fired but since I was in the middle of a sanction before I signed off for work, I only got £166 to live on until the 03/01/2017. Hopefully they'll sort out the hours when they ring me tomorrow.

 

Thanks

Andrew

[Ftgab19]

Update

 

I didn't get a call back from the company on the 7th like they said, I waited until the time they said they would ring me by and then tried to give them a call but only got an answering machine again.

 

I left a message asking for them to call me back so we can sort out the hours and the pay-cheque but I they didn't call me back.

I rang them again this morning to again only get a answering machine and I left the same message. Should I do anything else or is there nothing that can be done yet?

 

Thanks

Andrew

[ericsbrother]

you turn up there with a letter spelling out exactly how much is owed and that if this is not paid within a week legal action will be taken to recover the monies and any losses caused by their breach of contract. This means bank charges, interest etc on loans or overdrafts that you otherwise wouldnt have occurred.

[Ftgab19]

Hi Andy thanks for your reply

 

I tried ringing them again on the 9th and still got an answering machine and no callback.

Would it be possible to post the letter instead?

I remember they have a buzz in system and I can see it getting embarrassing with the way they treat their staff.

 

Also is there any templates to follow or could I have something like:

 

Dear Sir/Madam

 

I'd writing to you today about the recent phone call I had with one of your recruitment members of staff on the 6th of December 2016 at 15:07 about my overdue pay cheque

. I was told in the conversation that a member of staff from accounts will be contacting me on the 7th of December in the afternoon to discuss my hours and to send the payment.

 

It is now Monday the 12th of December and I still haven't received any phone calls from your accounts department. I worked seven 8 hour days in good faith for your company totaling 56 hours at a rate of £7.20 an hour.

 

I am owed £403.20 by your company and if I am not paid within one week from the date of this letter, legal action will be taken to recover the monies and any losses caused by breach of contract.

 

Thanks

Andrew

[Ftgab19]

Would the above letter do or do I need to change it?

 

Thanks

Andrew

[dx100uk]

ive done the spelling mistakes!!

[Ftgab19]

Sorry for the late reply dx100uk I've had a busy week with getting things sorted for Christmas.

 

I was thinking of what legal action can I take against the company after the deadline is up. Am I going down the root of a court claim or a tribunal to retrieve the money owed?

 

I want to get the paperwork ready with the deadline nearing its end. I've only ever had dealings with the dole tribunal for sanctions, and if its a court claim I want to get the POC ready for the deadline.

 

Thanks

Andrew

[ericsbrother]

small claims court. Particulars of claim are that the sum of £xxx is owed by "acompany" for a breach of a contract for employment. The plaintiff was employed by the defendant who failed to pay him for xx hours worked @£7.20ph between the dates 14/11/16 and the 23/11/16 and despite agreeing to pay it by the 6/12/16 and further requests for this sum it remains unpaid.

You then add the filing costs at the bottom so the total comes to (for example) £453. If the company then pay upafter receiving the N1 but dont pay the court costs you continue the claim but say that it has been partially settled

[Ftgab19]

Thanks ericsbrother

 

I'll get that typed up and sent off on the 21st, can I add 8% interest or has there not been enough time past yet?

 

Thanks

Andrew

[ericsbrother]

You can add statutory interest but the 8% is a flat annual amount that is added at the time of the claim so the interest will accrue at 8p a day from the time of the claim until it is paid. As you have been owed the money for a month you say that you are claiming interest of £2.60 plus 8p a day

[Ftgab19]

Thanks Ericsbrother

 

Could you just have a look at what I've got and let me know if its okay to print.

 

Brief details of claim:

This claim is for the return of the sum owed by xxx Ltd for breach of contract for employment between the dates of the 14/11/2016 and the 23/11/2016. The claimant will also be claiming 8% simple interest and would like the monies owed to be payed by cheque.

 

Amount claimed: £405.80 (includes interest)

Court fee: £50.00

 

Particulars of Claim:

1. The sum of £403.20 is owed by the Defendant for a breach of contract for employment.

 

2. The plaintiff was employed by the Defendant who failed to pay him for 56 hours worked over a 7 day period @£7.20ph between the dates 14/11/16 and the 23/11/16. And despite agreeing to pay it by the 6/12/16 and further requests for this sum it still remains unpaid.

 

3. Accordingly the Claimant claims:

a) The amount owed by the Defendant for hours worked is payed to the Claimant.

 

b) The Claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8 per cent a year from 06/12/2016 to 24/12/2016 of £2.60. And also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.08.

 

Thanks

Andrew

Edited December 24, 2016 by honeybee13
Employer name removed.

[honeybee13]

I've removed the employer name to keep this confidential for you.

 

HB

[Ftgab19]

Thanks honeybee13

 

Do you think this is ok to print? Want to send it today if possible.

 

Thanks

Andrew

[obiter dictum]

I have to ask, why are people talking about legal action?

 

The question to be asked is how are the wages paid notmally, weekly, every two weeks, Monthly?

 

If what i think will be monthly you will not be due any payment until the end of December. You might have finnished work on the 24 November bu to have that payment sent to your bank account within the next seven days is asking a bit much. You yourself stated being a new employee you were not using the clocking in system.

 

Before people start getting legal wait until the end of the month to see if a payment has been made. If not then go down the letter before action route

[ericsbrother]

my advice was waht to do after they had failed to pay within a reasonable time and after a lba has been ignored.

[Ftgab19]

It's monthly and I don't think giving them 7 days to pay after they already missed the day they said they would pay is asking a bit much. They've took the **** i think, especially when they said they'd ring me back to sorted it out and didn't.

 

I'd like to send the n1 form today, do I legally have to wait until the end of the month?

 

Thanks

Andrew

[obiter dictum]

Wait seven days as any court will regard that as reasonable. You have to folow pre-action protocol such as a grievance or letter of complaint before you start the court route. You have to give the respondent a reasonable opportunity to rectify any complaint or you will be considered a vexatious litigant

[Ftgab19]

Sorry for the late reply

 

Do you mean I need to send the n1 form 7 days from the 24/12/2016 or do I need to send another LBA to the company before I send it off?

 

Thanks

Andrew

[ericsbrother]

you have to send them a LBA and allow them a reasonable time to pay up or say why they arent doing so. 7-14 days is normal. After that time has elapsed you may issue a summons without further notice. you can do this up to 6 years after the date of the event that is the cause of action so no hurry but you have to allow them the time to respond to the lba..

Did you send a formal lba or just send them a more random demand as it is unclear what you have written and on what date.

[sangie5952]

I would just also point out that it is a holiday period. So it isn't a "normal" time of year anyway; and I honestly think that despite being overdue, 7 days is a little short a period anyway. Our union issues 21 - 28 days in an LBA. 14 maybe ok - just about. But if the letter wasn't posted until just before Christmas, given the unreliability of post and industrial action to boot, plus holidays, it may not even have been opened yet! And even if they have actioned it, it may be caught up in reverse - stuck in a post room or in the post.

[Ftgab19]

I sent the letter on the 12/12/2016 so what date should I send the LBA and what should I put in the LBA?

 

Do I need to explain the case like I did in the last letter or do I just put a brief of the case and give them 14 days?

 

Thanks

Andrew

[ericsbrother]

you say it is a letter before action under Civil Procedure Regulations and you state the amount owed and why ( ie £xx for work done between the xth and yth of novermber 2016 that you havent been paid for- you are not writing a book, just make it clear and consise). you then say that despite numerous requests the amount still remains unpaid. If the money is not received within the next 14 days ( you can specify date that allows 2 days for your letter to get there in the post so if you post it today you can put the 20th ) action will be taken to recover the money and any additional costs without further notice.