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robman88

sacked from job, employer refusing to pay final wages

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i have been sacked from my job

the employer is refusing my final wages,

 

i had been working for the company for 3 months,

i was still in the probationary period,

the company acused me of stealing cash ( 7 pounds), this is a lie, the area is fully covered by cctv,

 

I had a dispute with one of my co workers

a few hours later he telephoned the manager and claimed i stole the cash

The next day i arrived for work and was sacked on the spot,

 

they said they have the right to do this as i was in the probation period,

i didnt argue as i hated the job and my workmates

 

The company hires and fires workers every couple of months,

in the last 4 months, 15 people have either been sacked or resigned

 

I am due £1400 of final wages,

the company is refusing to answer the telephone and ignoring my emails,

what can i legally do?

 

I went to my workplace last week to see if we could resolve the situation,

but they were very rude and told me to get lost

 

I do not want to let the mater lie the company has treated me very badly,

 

every month my wages were late,

i have never recieved a payslip,

 

once i worked 9 days in a row

i was forced to work 16 hours

told if i didnt work i would be sacked

 

Apologise if i have posted in the wrong section,

 

thanks for reading

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Hi,

 

there's no way to get them to do it instantly, it will take time.

 

Have a look at "money claim online."


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thanks, ill have a look and report back

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first thing you need to do is calculate how much you are owed and WRITE to them and ask that they pay this within a reasonable time period (next salary run if monthly) or give you a lawful reason for the witholding of your pay.

 

Let them know that you expect them to respond within (say) 14 days or you will take action to recover the monies.

 

Despite their bad behaviour you need to be dispassionate about this

not worth mentioning the wrongs you feel have been done,

they dont have a financial value

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I might write to the head office,

it is probably a waste of time,

 

they will claim to have not recieved any letter or say the manager is busy or some other nonsense,

 

as i said they treat people like crap and have a very high turnover

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im afraid if you want your wages you have to follow what post 4 says

since you send it recorded or special delivery then they cannot say they have not received it ,

 

otherwise how are you going to get the money .

And from your posts it does seem you are letting off a lot of steam

you have to look at this namely and rationaly or it won't work

 

like the other posters said

you have to give them time to sort the wages .

 

Are you paid monthly and then are you owed a months salary

 

Has the wage run for this month already been done

 

Paper works has to be sent before they will issue a final salary so that does take some time.

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NO, you WILL WRITE to them or any claim you make will be knocked down becuse you have failed to follow any of the laid down procedures. This is not about results at this stage, it is about following the right path to get to where you want to be. If there are mistakes to be make, let it be thiers, not yours.

I might write to the head office,

it is probably a waste of time,

 

they will claim to have not recieved any letter or say the manager is busy or some other nonsense,

 

as i said they treat people like crap and have a very high turnover

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NO, you WILL WRITE to them or any claim you make will be knocked down .

 

if you could please give me a template letter of what to write in the letter, thanks for the help

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Something simple is fine. See an example below:

 

Dear Sir/Madam

 

I worked for you from [date] to [date]. I am due £[amount] by way of outstanding wages. To date this money has not been credited to my nominated bank account.

 

Please make payment of the outstanding wages within 14 days.

 

In the event that payment is not made, I will unfortunately have no option but to issue a claim in the employment tribunal or the county court for the wages I am due.

 

I look forward to receiving prompt payment by return.

 

Yours faithfully


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Thanks steampowered

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And make sure that any letter sent locally is also copies to an appropriate department or person at their Head Office


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agree with content of letter and that you send it to HO ( wages or HR) and local manager making sure that you put on the bottom of the letter addressed to HO copy to XX, manager, local branch. If you dont know the exact amount you put the number of hours worked. 14 days is long enough to do a one off reconciliation of wages

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Hello everyone

i sent the letter,

the 14 day deadline is in 3 days,

 

 

as i suspected they have not replied,

 

 

i sent two letters,

one to the general manager and to the HR manager,

both recorded delivery,

 

what would be the next step?

moneyclaim.gov.uk/ or employment tribunal?

 

 

i cant afford a solicitor,

and the nearest CAB centre is miles away

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yours is a simple matter of recovering the money owed to you under a contract so small claim procedure at county court. The paperwork is much less onerous and less in the way of bear traps with paperwork. If you have a low income there is a remission of fees anyway, you have to fill out another form and provide evidence of benefit claimed or proof of low income ( ie P46) other than that the cost of making a claim is £50 which is added to the value of the claim. If they pay up after you have issued the claim they owe you the court fee even if it doesnt get that far. They will know this so expect them to send you a cheque but ignoring the court fee. If they do you alter the claim accordingly to say that it is partially satisfied and £50 is still due

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Hello everyone

i sent the letter,

the 14 day deadline is in 3 days,

 

 

as i suspected they have not replied,

 

 

i sent two letters,

one to the general manager and to the HR manager,

both recorded delivery,

 

what would be the next step?

moneyclaim.gov.uk/ or employment tribunal?

 

 

i cant afford a solicitor,

and the nearest CAB centre is miles away

 

 

Hi Robman,

 

I am going through a similar situation as you.

 

You could get in contact with ACAS who will initiate early conciliation before you might have to start Employment Tribunal proceedings.

 

Read up on these articles below.

 

http://www.acas.org.uk/index.aspx?articleid=5353

http://www.acas.org.uk/index.aspx?articleid=1670

http://www.acas.org.uk/index.aspx?articleid=2179

 

But you must raise a grievance before you follow the above two steps.

 

If raising the grievance doesn't work then ACAS will start the early conciliation steps. This will involve liaising with your employer to see if they would be willing to make an offer of settlement rather than taking it all the way to the Tribunal.

 

It is important to follow the above stages because if you do have to go to the Tribunal you will need to show you had followed the ACAS Code of Practice.

 

This applies to both you and your employer. If you didn't follow the Code then the Tribunal could potentially reduce your settlement by up to 25%. Same the other way, as the Tribunal could increase your settlement by this amount if your employer breaches the Code.

 

I only know this because I have had to follow all these steps myself.

 

 

 

bf x

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Bloomingflower, the only remedy the OP wants is the money so the small claims procedure of the county court is quicker and simpler with no pre action procedural hoops to leap through as they have already done their lba. an ET cannot give them any more as they havent been employed long enough to raise any other issues, which your claim does so is appropriate for you.

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I used to advise people to go down the small claims court route for unpaid wages, because the Employment Tribunal fees were much higher than court fees for small claims.

 

Now that Tribunal fees have been removed, I suppose it might be slightly cheaper to go down the ET route? The Op could choose whether to go to ET or court.

 

Personally I would probably still go with court despite the court fees as it is a more straightforward process, and it is slightly simpler to enforce a court judgment than an ET judgment. But I don't feel that strongly about it.


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reason I say CC is that the paperwork is a lot less onerous and TBH the process is more forgiving of the litigant in person making small mistakes. If there were other issues where the tribunal has powers to order a remedy other thansettling a dispute over cash then always go that way. I have been a lay rep at an ET twice and each time the procedures or law had changed since the claim was made bt before the hearing so not always easy to get it right.

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