Employer is delaying paying me

[honeyb1234]

Hi,

 

I have been working for a business who made my life hell, it’s ended up in me leaving.

 

I resigned via email a month ago which they ignored, left on my final day and did not receive my final pay which should have been a few days later.

 

They run weekly payroll, I left it two more weeks and still nothing

I sent a letter to which they acknowledged.

A few days later I received another letter saying that I would be paid in a week and a half meaning that it would be the payroll after next and I won’t receive my p45 until this is done.

 

Is there anything that I can do about this?

 

Thanks

[BankFodder]

What is the value of the outstanding money?

You could simply go ahead and sue them on the contract – but maybe you can tell is a little bit more about the problems they caused you.

You felt forced to leave – tell us more about that please.

How long had you been working there and how many hours per week were you working? What was your role?

Who are they?

 

 

[honeyb1234]

7 hours ago, BankFodder said:

What is the value of the outstanding money?

You could simply go ahead and sue them on the contract – but maybe you can tell is a little bit more about the problems they caused you.

You felt forced to leave – tell us more about that please.

How long had you been working there and how many hours per week were you working? What was your role?

Who are they?

 

It’s around £10000,

I am already suing them for my treatment and would rather not submit another claim  as this whole situation sent me into a depression for months.

 

I was verbally abused by directors in front of others, sworn at on numerous occasions, denied my contractual wage and completely ignored by a few who were not happy about me joining from the day I started and since I lodged a grievance about my treatment, I have have false allegations made against me, lucky for me I can prove that they’re not true.

 

I was just wondering if I could send some sort of email to request that my p45 and outstanding payment is released before the next payroll given the delays that have happened.
 

[BankFodder]

You haven't addressed the questions as to how long you were there and how many hours a week you were working

[honeyb1234]

Sorry 18 months, 40 hours per week

[unclebulgaria67]

Less than 2 years service means some avenues regarding taking action about your treatment are more difficult.

 

If you are suing them, I guess you are receiving help from a qualified Solicitor who specialises in employment cases ?  If not, you should do so.

[BankFodder]

I'm hoping that Cagger @Emmzzi will be along to help – who is expert in employment rights.

However, because you have been there for less than two years you don't have the normal employment rights which might have entitled you to claim constructive dismissal.
It's very likely that on 18 months you will simply be able to claim for breach of contract – which means that you would get the salary which is outstanding plus any holiday entitlement.

What is your holiday entitlement at the moment?

[BankFodder]

I see that I have just crossposted with my colleague.

Although my colleague has recommended an employment solicitor, because your situation is likely to be limited simply to a breach of contract action – it probably won't be at all helpful to do that and might even incur some costs.

Let's see if @Emmzzi can supply any ideas 

[BankFodder]

By the way, since you began employment have you received a written contract of employment or at least a statement of the terms of employment?

Have your salary payments been properly documented every month and you have been provided with the correct paperwork associated with those payments?

 

I have just noticed that you have said that the outstanding money is £10,000 – ten thousand.

 

Is that correct? Or did you mean £1000?

 

Also you say that you are already suing them in respect of the treatment you have received. Can you tell us a bit about that claim please

[unclebulgaria67]

I can remember receiving training from a employment Solicitors years ago, as a line manager in a company and much of that knowledge is long gone. However, what stuck with me is that anything employment related is incredibly complicated.  Hence why questions are being asked, as it is important to have all information.

 

Type of employment will also be important. ACAS website has information.  I would want to know details of the employment contract, what your role required of you, any disciplinary processes etc. 

 

Types of employment status: Checking your employment rights - Acas

WWW.ACAS.ORG.UK

---

It's important to know your employment status as it affects your legal rights and what you’re entitled to.

 

 

 

[BankFodder]

By the way, in terms of your original question about your P 45 – which I realise wasn't addressed, you are entitled to receive your P 45 almost immediately and there is a route to complain to HMRC about the failure to provide it.
I didn't know this. This is something that I just picked up from the Internet.

I'm sure you realise that not having a P 45 doesn't prevent you going on to new employment although you would probably be taxed at some emergency rate which would then be adjusted once your tax code had been established.

[honeyb1234]

Hi,

 

In regards to my claim I have a union helping me, £10,000 is correct as it includes unused holiday. I am claiming on the grounds of discrimination. I was one a full time permanent contract. My role was managerial and I submitted a grievance previously but have not had any disciplinary held against me. Am I able to ask the company to release monies owed to me immediately with my P45 as opposed to waiting for the next payroll?

[Ethel Street]

I see you have advice and support from your union. Have you asked them the payment question?

 

Obviously you can ask for pay/P45 to be paid immediately but I expect they will just repeat what they have already told you, that you "would be paid in a week and a half". And they aren't refusing to pay you, it's just when? Is that right? 

 

Although legal action might be possible I'm not sure how practical that is for you. If I understand your post correctly you should get the pay/P45 within the next 7-10 days or so. That hardly gives any time for you to start legal action.

 

I'd wait until the date they've said you'll get pay/P45 and see if it arrives. If it arrives all well and good. If either (a) it doesn't arrive or (b) it arrives but is less than it ought to be, that's the time to think about legal action.

 

Is the delay causing you significant finacial problems? eg you are are having to borrow money for day to day living expenses?

[unclebulgaria67]

If your contract has ended, then the payment of any amount due plus the issuing of the P45 should be a manual process.   Should not have to wait until next payroll date.   But companies often delay making the paying, as it relies on  managers passing all of the information to HR/payroll.

 

Suggest that you get the Union to complain about the delay on your behalf.

 

Given that the Union are helping you, suggest that you follow their advice.  And to contact them, if you have any problems.

[Emmzzi]

The only way to force someone to pay you is via the courts - and then sometimes with a follow up by debt collectors. So there is no easy way to make it go faster.

 

£10k seems like a lot - is it pure holiday outstanding or also time in lieu/ overtime? It is a really well paid job, or do they owe your several weeks money?

 

Did you have agreement to carry over holidays/work overtime etc documented?

 

Basically - what evidence do you have for anything above regular pay?