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Less than 12 months service - have I any rights?
Comments
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I've asked for things in writing but they have only replied by emails.
In response to my request for an appeal:
"So for the above reasons, we respectfully decline your request for a meeting as there are no grounds for an appeal."
I was then offered a meeting without a rep - out of courtesy - "Please note for the avoidance of any doubt that this meeting is not, nor does it infer, acceptance of an appeal. As previously stated our position is clear on this."
I pointed out that the procedure in my contract gave me the right to appeal against their decision. They said this was only relevant in a disciplinary matter.
"For the above reasons, I am afraid that we are not prepared to spend any further time, by email or otherwise, discussing this particular topic and consider it closed."0 -
So okay, they confirmed all this in an e-mail?
If so, then I'd suggest that you start tribunal proceedings. What have you got to lose? It costs nothing, and it is clear that unless you do go to tribunal, they are not going to budge.
Firstly double check the time limit - if you are one day late, you lose your right to go to tribunal.
If you still have plenty of time, then I'd write one last letter to them, setting out exactly what you believe is owed to you, and stating that if you do not receive the money owed within 14 days (or 7 if you are short of time) then you will commence legal proceedings for recovery of the debt, and no further notice will be given. Send the letter by special delivery, keep a copy, and attach a print out of the confirmation of delivery from the royal mail website.
You don't strictly have to do this, but it will mean that they cannot later complain that you did not give them a fair opportunity to deal with the problem. It will also mean that you have a statement of monies owed which you can later rely on in court/tribunal.
hope this helps
DaisyI'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Thanks
I'm still trying to get the Union to help, but I'll go it alone (with help from my friends)if necessary.
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You should write back advising that you are claiming your mileage as per the normal processes whilst you were employed.
State that unless you receive full payment for expenses within 5 working days you will pursue this matter in court.
Lesson in this is do not have any private information installed on your company phone or laptop.0
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