employee withholding pay

red1981

I appreicate all your replies. I can underdstand that i may be seen as selfish but at the same time i am now out of a job.

The CAB has advised me that my employer can not do what they are doing...so i am slightly confused with which way to go now. I obviously don't want to lose the case and incur more cost but if my employer is behaving unlawfully then surely i should go ahead with the tribunal route.

tigtag02

red1981 wrote: »

I appreicate all your replies. I can underdstand that i may be seen as selfish but at the same time i am now out of a job.

The CAB has advised me that my employer can not do what they are doing...so i am slightly confused with which way to go now. I obviously don't want to lose the case and incur more cost but if my employer is behaving unlawfully then surely i should go ahead with the tribunal route.

Unfortunately CAB are wrong - your t&c's of employment state that your employer can do what they are doing.

Whilst it is unfotunate that you are out of employment it is not morally right to try and rectify your curent financial status by attempting to create a loophole for a situation that you know you are responsible for.

If the damage cost as much as you say I think you should consider yourself lucky you got away with only paying £350 for it!! 9less actually as I presume this would have been a gross figure which would attract tax & NI deductions)

mrsmoneyworries

Just out of curiosity, did you know about the redundancy before you caused this damage.

I hate to say this, but I do think you are getting off very lightly here. You have admitted liability on here and to the company, and I feel you are clutching at straws - Personally I think you will loose alot more than £350 if you decide to take this further.

red1981

No, i didnt know about the redundancy before hand.

Redundancies were made after the incident occured as it has resulted in the business now going into debt and ceasing to trade.

woody01

red1981 wrote: »

No, i didnt know about the redundancy before hand.

Redundancies were made after the incident occured as it has resulted in the business now going into debt and ceasing to trade.

So the company ceases trading because of your incident, and you have the bloody cheek to try and go ET.
I think they should sue you.

mrsmoneyworries

I would put all my energy into job hunting if i were you. The company seem to have lost everything as it is.

olly300

red1981 wrote: »

Redundancies were made after the incident occured as it has resulted in the business now going into debt and ceasing to trade.

So if you take the now defunct business to an ET where do you think the money will come from if you win it?

The answer is you won't get it.

The vast majority of companies are Limited Liability which means if the company doesn't exist then their creditors get nothing.

I suggest you do a search on here and via google to see that it's not rare for employers to wind up their business, and some of them even open up under a new name, to avoid paying ET awards.

Beluga_2

I'm no legal expert, but I wonder if you didn't accept the deduction of £350, would the receivers be able to pursue you for the full amount? It seems logical that a defunct company with debt will have creditors who want their money back from someone... By accepting the situation before the company went under, your former boss may just have saved your skin. Just a thought...

Indo77

woody01 wrote: »

You have been negligent and damaged property belonging to someone else. Why should you get away with not paying for it (the insurance excess most likely)?

As for tribunal, this will NEVER get there. The panel would simply never let it go to the table. If by a 100000000 to 1 chance it did, the payment would be no more than you have already forfeited anyway.

Accept you made a mistake (if that is what it was), and move on as your attitude is a very selfish one as they should've fired you anyway and you wouldve got nothing at all.

"Selfish" is that the best you could come with Woody (Handbags at dawn). It could be worse, he could be working for someone like you...

MyRubyRed

Ive got to ask....why did you do it!!!!!!!!!!!!!!!!