Ex employer requesting overpay of salary + holidays ***Claim Discontinued***

[notodebt]

Hi.

Just looking for some advice on proceeding forward with a CC claim from an ex employer.

 

Got claim form today and dated 27th Sep so have completed AOS today.

the POC is as follows :

 

The defendant was employed by the claimant as a ************  under a contract of employment commencing on July 2008 which is subject to English law .

The defendants employment with the claimant ended on Feb 2014.

 

The defendant received an over payment of salary from the claimant amounting to £396.55.

This over payment was due to the defendant exceeding his annual leave entitlement by 16 hours and the defendant was paid for 25 ? 28 Feb 2014 after having left his employment on 24 Feb 2018.

 

The claimant has called upon the defendant to make payment of the sum owed,

however the defendant has refused or delayed to make payment and accordingly this action has been rendered necessary.

 

the claimant claims int under section 69 of the county courts act 1984 at the rate of 8% a year from 1/4/2014 to 26/9/2019 on £396.55 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09 

 

……………………….

 

Just to give a brief overview of what happened!

 

Jan 2014 I was under disciplinary action for gross misconduct which was never founded and dropped ,

after one interview with HR and my line manager I was sent home on suspended leave fully paid during investigation.

 

After debate/investigation between the comp and my union rep during Feb , my rep told me the company was dropping all action.

I then handed in my notice and told them to shove the job and left on the 24th Feb to which I was paid my last monthly payment and any owed holidays etc.

 

I have received about three letters during the course of the period 2014 to 2019 asking for the payment to which I have replied asking them to break down how i owe this amount.

 

My argument being that I was not on annual leave but suspended leave full pay.

The fault lies with their accounts dept in not calculating the correct pay or communicating the fact I was on suspended leave.

 

Communication and miscommunication was and probably still is a key factor with this company and one of the reasons I handed in my notice on top of the constant issues with my two colleagues which I raised every year during appraisals but nothing was every done about this.

[Shelley181146]

Did you ever receive any correspondence stating that you were suspended on full pay? If so, you will need this to defend your case in court.

If you can't remember, or have mislaid any documents you can send a Subject Access Request (SAR) to your ex employer detailing all documents required. They have 30 days to respond, at no cost to yourself.

 

In the meantime, you will have to respond to the court documents appropriately, as to how you wish to defend the case, wholly or partially but you must respond. Otherwise your ex employer can win by default.

 

You could have a chat with ACAS and there are some free solicitors near University campuses who maybe willing to help and guide you on the employment law side of things.

If your near to an Employment Tribunal building, it might be worth popping in to them as they have posters up with contact details of qualififed people who may be able to assist. I know its not E.T matter but I'm thinking of free legal advice which specialises in Employment Law.

 

 

 

[notodebt]

Hi Shelly..Thanks for the advice.

SAR already typed up.

 

No documentation at all , it was all done verbally over the phone.

I need to see a copy of my contract as well to see if there was a clause about deductions.

 

A number of staff have now left the company including the union rep.

The company were recently in the news so poor are they but Gov backed so they can spend taxpayer money at will.

 

I suspect they may not be able to produce documentation ,

I was accused of taking equipment from the company despite the fact there was no asset register and equipment was handed out to employees with no audit trail,

 

I was one of three people responsible for the equipment and raised concerns many times about items going missing which of course fell on deaf ears. 

 

Oh I should mention the company head office is in Scotland ,

it is this dept that has initiated the CC ,

I was based in the English office at the time.

Not sure if this affects anything.

[BankFodder]

I suggest that you start off by sending an SAR to your ex-employer and also one to the union.

 

[notodebt]

How would I stand if they cannot produce a letter stating I was on suspended leave? My word against their's

[BankFodder]

It seems very unlikely that there aren't at the very least file notes relating to your suspension. Let's deal with that when you get the results of the SAR

[notodebt]

Hopefully! Thanks so far , awaiting SAR

[Shelley181146]

I honestly dont know if the Scotland/England jurisdiction affects this, maybe Andyorch the legal expert on here may know.

Perhaps Bankfodder could point him in this direction?

 

You need to clarify the dates on the court paperwork and see when they need a response by, and think how you want to respond to it, otherwise your ex employers could win by default.

 

I would expect it to be a minimum standard to specify deductions being made via your payroll, usual example would be over-taken on holiday entitlement. But as you explain, you were suspended, not on annual leave.

 

If you still have your payslips/P45 information you could liaise with HMRC to clarify what income tax/national insurance contributions was paid in respect to your employment.

You can also calculate your holiday entitlement on the Gov website.

 

Start making a list of things you want to clarify, questions you need to ask/get answered to keep a methodical record of events for the court hearing, then when you have the Sar information come back if you need any further guidance.

 

[dx100uk]

English court is correct as the defendant doesn't reside in scotland

 

I would be sending them a CPR 31:14 

you have to ack the claim by day 19 

has this claimpack come from northants bulk or Salford court?

 

[notodebt]

Many thanks for the advice to date. It is Northants bulk county court. CRP 31.14 would be ideal especially as the POC states contract in the first paragraph.

 

In terms of questions or clarification certainly what the company has on record for Jan/Feb 2014 in terms of my suspension.

 

Before I handed in my notice I handed a list of issues that I had with the company to my union rep to be raised with HR and my team leader including issues with my two colleagues , security of assets, issues reported to senior managers that were never acted on.

 

After that list all allegations were dropped as I was prepared to escalate further to a tribunal.

 

The company did not want the bad publicity. I think I may have some of those docs on a USB drive

 

It was a shambles any issues were dealt with in a flippant manner , nothing in writing. get on and sort it out amongst yourselves was the attitude.

 

Missuse of company expenses etc was the norm so they wanted to avoid the press getting any negative stories.

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
..

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

[notodebt]

Thanks..done the above online and completed the AOS..

[stu007]

Hi

 

When you send your SAR they have 30 Calendar days (from acknowledging receipt of your request). simply ask for 'ALL DATA' (this covers whatever formats they hold that Data)

 

They could play games due to the claim form and wait to send it at the very last minute so you get it just within the above limit.

 

If they do not comply with your SAR you report them to the Information Commissioner (ICO)

 

[notodebt]

Just to post an update , the SAR  letter was received and signed for on the 8th Oct. Do I now class the 30 days from that date or the 7th Oct when I submitted to post office?

[Shelley181146]

You take 30 from day it was signed for by the recipient. 

[notodebt]

a letter back from company to acknowledge SAR.

Followed by , we authenticate the ex employee by using info provided as part of your request.

The details you provided are not suffice in allowing us to match the records the we currently hold for you, you have failed authentication. and request has been put on hold.

Can you provide the following:

1.Employee No

2. Nat Ins no

3.First line of address and post code

 

When authenticated we will progress your request.

Then goes on to say they have one month to respond as per legislation.If you are not satisfied complain to the ICO...etc

 

Now why do I need to provide these details as they already have them or should do! 

The POC clearly states as an employee so they  should have the details on record.

 

I can provide all details apart from the employee no , as this was five and half years back I do not have that to hand , certainly do not have any payslips etc.

 

I am tempted to write back to say you have not complied with my request in the first instance but do I need to provide these details by law?

[dx100uk]

have you moved too since having this job?

 

it cant harm you to provide what info you have to help them.

though ofcourse referencing the claim number should really be all that's needed..

 

but that is ofcourse what the cpr was for.

in a way the sar is belt and braces.

 

they must at some point, be it in reply to your 31:14 or latterly at the disclosure stage, produce all paperwork they intend to rely upon in their claim

[notodebt]

4 minutes ago, dx100uk said:

have you moved too since having this job?

 

it cant harm you to provide what info you have to help them.

though ofcourse referencing the claim number should really be all that's needed..

 

but that is ofcourse what the cpr was for.

in a way the sar is belt and braces.

 

they must at some point, be it in reply to your 31:14 or latterly at the disclosure stage, produce all paperwork they intend to rely upon in their claim

Hi..yes left there in 2014 had several jobs since. I have no idea what the employee number is , so without this will fall at the first hurdle.

[dx100uk]

read what i said CAREFULLY

 

Moved home.??

You dont need employment no 

[notodebt]

Sorry DX! See what you mean.

Nope same address last 22 years.

 

What if the company refuse to process SAR without the employee no.

Or is that a defence?

[dx100uk]

neither

 

its immaterial ...you don't have it 

give everything else.

 

or read my post carefully

 

dx

 

[notodebt]

Got it! Thanks DX..

One more thing they have asked if I want future correspondence in writing or email. Can I use email responses if it goes to court?

[dx100uk]

you never use email nor give one.

 

else you'll find they'll file important docs 1 min before a deadline removing your chance to retort on them.

 

dx

 

[notodebt]

Details sent back except for employee no. Let's see what happens 

[notodebt]

OK still no documentation. By my calculation the defence needs to be completed by the 30th Nov.  That is 33 days from the date on claim form of the 27th Sep.