Withheld Bonus-letter before action?

[sue]

To cut a very long story short, my employers (Ambulance Service-NHS) have withheld from me two payments, one which goes back to Christmas 2005 a £150 payment for no sick days between December and the end of Jan and a back payment for missed mealbreaks £398.05 which was paid to most people in Dec 2006.

Due to the fact that there is a sum of money which they say they overpaid me by in Dec. 2005 (I am disputing this but they have lost my salary claim forms).

After many e-mails and phone calls and a promise that the £150 was going to be paid 2 weeks ago, but wasn't. the £398.05 they say they won't pay till I agree to pay them, however as what I owe them is in dispute I think I don't think they can do this.

In short I am going to issue a claim in the small claims court, but do I give them 14 days to respond and then 14 days to reflect as with the banks or do I just give them 14 days and then register a claim?

 

Thanks in anticipation!

[dar£n]

Sue, I suppose if using the small claims court, it would be the same process.

however, bonus means bonus so not sure if it will be okay to claim.

can you prove or get statements from other employees stating they have received what you havent.

I would as you say send in a letter of complaint and see what response you get.

 

just in case here is the link to the small claims court, not that you will need it, looks like your already an experienced veteran.

Small Claims Court - documentation

[Movingon]

Sue - write your letter before action giving them 14 days to respond before you begin raising your claim. Was it paid and taken back, or was it simply withheld? If your contract entitles you to these payments when you meet certain criteria and there are no other criteria than the ones you mention, then you are entitled and they cannot (I don't think) unreasonably withhold it - regardless whether it is a bonus or salary.

 

Your claim will need to refer to the clause in your contract which entitles you to the payments. DO not mention in your claim the dispute over the other money as this is a totally separate matter. (UNLESS your contract states that your employer can recover disputed amounts from your pay - then you have to mention it and state that you have disputed it).

 

I suggest that in your LBA you include a passage confiming that you have disputed the earlier amount owing and that they must resolve this dispute prior to withholding any money as payment. Remind them that their loss of the dispute forms is not a matter for you to resolve and you expect the dispute to be resolved immediately.

[sue]

Many thanks Tom, I was on the right lines, it's just good to get another opinion.

Kind regards

Sue

[sue]

Tom, if you are still there, would you give them 14 days to reply positively and 14 days if they do not?

[Movingon]

Tom, if you are still there, would you give them 14 days to reply positively and 14 days if they do not?

 

No - a Letter Before Action is just that - 14 days followed by BANG! LOL.

[borisbeaver]

You're on funny ground here.

 

Being a public service, the NHS has a set response time to any claim as defined by government policy. I believe that you must have a response to any claim within 21 days of it being received - I'm sure people will correct me if I am wrong.

 

This timescale is a response not a resolution. In the trust where I work, people are still waiting for their backpay from Agenda for Change and they are literally banging their heads against brick walls.

 

You need to send your LBA to the Chief Executive of the Trust. You will probably get a reply, but you probably won't get a resolution.

 

The NHS is a dinasour where money comes into it. The payroll team are usually the most understaffed and low-moraled people working there.

 

Good luck.

[sue]

Thanks Borisbeaver, the point I am making is that anyone who 'owes' the trust money has been penalised by having what has been officially awarded to them, (I have it in writing) withheld, the original overpayment was their mistake, and absolutely nothing to do with the mealbreak money and therefore I believe I am being, in a way blackmailed because they are saying that until you agree to pay us back ( even though the money is in dispute) we won't pay you. I don't believe they are allowed to do this as the two issues are completely separate.

Open to opinions though!