unpaid and bank charged me

sulkisu

It doesn't sound as if your employer has done anything wrong. If I understand what you have written (and correct me if I am wrong), you were paid on 15 Feb which covered the whole month of February. You didn't work in March and your employers were not in receipt of a medical certificate (either from the doctor or self-cert) to cover your absence from 28 Feb. You say that you received some pay in March, which probably represents 4 -7 days of SSP (dependent on whether the first three days of the absence are to be paid or not). However until they had the doctors certificate to cover the remaining absence, they are justified in not paying you sick pay as they have no proof that you are sick and therefore entitled to sick pay. I understand that this has caused problems for you financially, but as it is your responsibility to produce the medical certificate (recorded delivery would have been better) and also to check whether or not it had arrived - ideally before pay day, I don't think your employers are responsible. You could try speaking to your bank, and explaining the circumstances to see if they are willing to waive the charges on this occasion.

Edit: I forgot to add that it will also depend on the cut-off date for your employer's payroll. Even though you are paid on 15th of each month, there will usually be a cut off date at a few days before this after which changes to your pay will roll over to the next month.

jdturk

sulkisu wrote: »

It doesn't sound as if your employer has done anything wrong. If I understand what you have written (and correct me if I am wrong), you were paid on 15 Feb which covered the whole month of February. You didn't work in March and your employers were not in receipt of a medical certificate (either from the doctor or self-cert) to cover your absence from 28 Feb. You say that you received some pay in March, which probably represents 4 -7 days of SSP (dependent on whether the first three days of the absence are to be paid or not). However until they had the doctors certificate to cover the remaining absence, they are justified in not paying you sick pay as they have no proof that you are sick and therefore entitled to sick pay. I understand that this has caused problems for you financially, but as it is your responsibility to produce the medical certificate (recorded delivery would have been better) and also to check whether or not it had arrived - ideally before pay day, I don't think your employers are responsible. You could try speaking to your bank, and explaining the circumstances to see if they are willing to waive the charges on this occasion.

Edit: I forgot to add that it will also depend on the cut-off date for your employer's payroll. Even though you are paid on 15th of each month, there will usually be a cut off date at a few days before this after which changes to your pay will roll over to the next month.

That does make sense!

Uncertain

If you have suffered a loss as a result of somebody else's negligence or them failing to follow an agreed contract then they are liable for your losses. You have a duty to "mitigate the loss" i.e. keep it as small as possible.

All of this is true in an employment situation. Lost mail is one of the biggest lies in business. The normal legal presumption is that mail IS delivered but this only helps is you can prove you posted it.

You can however prove that you got the certificate from the doctor so this must help. Suppose you had been in hospital in a coma, would they still have played this game.

I would politely but firmly write to the firm quoting dates, times etc and point out that you did everything that was required of you.

jdturk

Uncertain wrote: »

If you have suffered a loss as a result of somebody else's negligence or them failing to follow an agreed contract then they are liable for your losses. You have a duty to "mitigate the loss" i.e. keep it as small as possible.

All of this is true in an employment situation. Lost mail is one of the biggest lies in business. The normal legal presumption is that mail IS delivered but this only helps is you can prove you posted it.

You can however prove that you got the certificate from the doctor so this must help. Suppose you had been in hospital in a coma, would they still have played this game.

I would politely but firmly write to the firm quoting dates, times etc and point out that you did everything that was required of you.

But he hasn', he has not got the sick note to the employers so it is fair of them to dock that part of the wages. However I would expect his employers to pay him the correct amount if he goes back to the Dr's and gets on back dated to cover the lost one

Uncertain

jdturk wrote: »

But he hasn', he has not got the sick note to the employers so it is fair of them to dock that part of the wages. However I would expect his employers to pay him the correct amount if he goes back to the Dr's and gets on back dated to cover the lost one

He said he posted it (on their instructions)

They say they have not received it

The chances of it being lost in the post are one in many thousands

Therefore there is a 99.999% chance somebody is telling porkies!

dan1133_2

Uncertain wrote: »

He said he posted it (on their instructions)

They say they have not received it

The chances of it being lost in the post are one in many thousands

Therefore there is a 99.999% chance somebody is telling porkies!

so are you saying there fibbing or me?

i have been back to the doctors this morning for a replacement note which i gave them earlier.

Uncertain

dan1133 wrote: »

so are you saying there fibbing or me?

Neither. I'm just pointing out that civil court normally assumes that post is delivered. If X says they posted it and Y says they didn't get it then it is 99.9% certain that one of them is not telling the truth.

pinkshoes

Well at the very least, they should have paid you 1 week at full pay, then 1 week at ssp if they genuinely didn't receive the doctor's note.

Could you not speak to your bank and see if you can have a temporary loan or interest free overdraft?

In the mean time, write to work (send recorded so they can't deny receipt), highlighting their mistake, with a list of costs incurred.