Made redundant - owed a months wages they may refuse to pay

ohyespleasethankyou

Been at this place three months. Made loads of changes, improved the place, never put a foot wrong and was busy all the time. Told on Tuesday that they had to cut costs and first in last out etc so I had to go. Left on good terms and to call them the next day about the months wages I am owed. Been given the runaround since and the other people who have been there a long time say they doubt I will ever get my money as he does this all the time. Quite a big company but never had a letter of employment, no contract, no notice or anything just, "sorry, get your coat".
When I've said I'll have to sue, the other employess laugh and say "join the queue!"
Point is, what can I actually do if he decides he doesn't want to pay? He doesn't seem scared of the courts for instance.
Grim times for us all and employers taking full advantage it seems. Thanks for any help, will try calling ACAS but suspect they are a tad busy.

skintandsad

I am no expert, and without a contract of employment, I'm not sure what your outcome will be?

I can only tell you that some years ago, I too was made redundant due to no fault of my own, and like you had only been at the company a matter of months.

They offered me a weeks wages to leave that day. I upped and left, but I did have a contract. I went straight to the Citizens Advice Bureau, and, because I was paid monthly, and had one months notice written in my contract, they spoke with the director and a few days later a months wages dropped through my letterbox.

CAB offer their services for free, but to thank them for their assistance, I sent them 10% of my wage cheque.

I'm sure someone with strong knowledge on employment law will pop along soon - I wish you good luck

bryanb

Have you checked that your tax and NICs have been paid? Did you get pay slips?

p00hsticks

ohyespleasethankyou wrote: »

Point is, what can I actually do if he decides he doesn't want to pay? He doesn't seem scared of the courts for instance.

He may not seem scared of them but does he ignore them ?

I'd write to the company detailing how much you believe you're owed for what and giving them so many days to pay up before you start a claim aganist them. Details of using the small claims court is here

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

Incidentally you say you didn't have a contract of employment - in fact you did, but it's just wasn't written down (which makes it difficult to prove)

olly300

p00hsticks wrote: »

He may not seem scared of them but does he ignore them ?

I'd write to the company detailing how much you believe you're owed for what and giving them so many days to pay up before you start a claim aganist them. Details of using the small claims court is here

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

Incidentally you say you didn't have a contract of employment - in fact you did, but it's just wasn't written down (which makes it difficult to prove)

While the OP can go to court it will cost him money.

The cheaper and free option in employment cases is to use an employment tribunal.

However first the OP needs to put in a "Formal Grievance" which is the same as the letter you suggested but has the title on it "Formal Grievance".

Go to the ACAS site for more information - http://www.acas.org.uk/index.aspx?articleid=1461

Then make an appointment with the CAB or a legal centre.

Mudd14

As olly mentioned write a formal grievance requesting 14 days to repond, send it of recorded delievery.

It sounds like you have a good case for unlawfull deduction from wages which you should mention in the grievance.

Failure to respond then I would continue to tribunal. ACAS vcan help you with any issues you have and provide free advice also.

Last in first out is not a vaild reason for redundancy, so unless they can prove that it was a fair redundancy they may be libale for that, all though you were only there 3 months which could count as a probationary period in which they could of terminated your contract.

Let us know how you get on

mannews

You say that it is a large company. Is there a head office that you can write to. also he may not be scared because everybody that has threatened to sue him have not followed it through. I would get as much information as possible and go to CAB to see where you need to go next.

ohyespleasethankyou

Thanks for your replies.
ACAS say I have to wait until what would have been pay day (5th March) then write a letter stating my 'grievence' giving him 28 days to pay that, then I can go to Employment Tribunal which should sort it but bailiffs can be appointed eventually to get the cash.
So, a long old process that I hope won't be necessary.
I have been onto them gently reminding them that I am well-in with many of their major clients and it would be a shame if they heard I had been stitched up. I should get the dosh but good luck to others in the same shoes - when I was made redundant last year, I lost my last months wages and it left a bitter taste.

mannews

If I was you I wouldn't threaten him with taking his clients as this may put your claim in jepordy well not until you get your money.. Good luck though in getting your money and well done for sticking up to the bully hope you win. Maybe others will follow.

bigheadxx

http://www.adviceguide.org.uk/index/life/employment/dismissal.htm#procedure_for_dismissal

Should be some info here. You are not entitled to redundancy pay as you have only worked there for 3 months, you will also be unable to make a claim for unfair dismissal as you have less than 12 months service.

sleepless_saver

When you write the grievance letter to ask formally for the wages they are due you, don't forget you will also be legally entitled to some holiday pay (unless you took the holidays when you were still working). There is a useful calculator here.