"You're not getting paid" When employers go bad!

Blaz

Okay I just called a company called ACAS who also advised me to write a letter making a claim for my wages ... does anyone know of any templates for this kind of thing??

Blaz

Uncertain wrote: »

Yes, as I have stated above!

However, I would wait to see if SarEl (a specialist employment barrister) responds with more information on her counter-sue concerns.

Oh right okay, well i suppose ill wait for her reply then. Thank you all for helping by the way i really do appreciate it!

Uncertain

Blaz wrote: »

Oh right okay, well i suppose ill wait for her reply then. Thank you all for helping by the way i really do appreciate it!

Yes.

You have three months from the day you were sacked to file an employment tribunal claim but you should write to the firm and give them XX days to pay first.

No immediate rush.

I would just add that we are talking about what, a couple of hundred pounds less tax and NI. You won't get any costs back and may well have to work quite hard to actually get the money assuming an ET finds in your favour.

Only you know if it is worth the effort........

Blaz

Hows this sound -

Dear ***

On (date) I made a formal request to you for my final salary payment.

I feel I must remind you that you have a legal obligation to pay me all monies due under section 13 of the Employment Rights Act 1996 where the worker shall not suffer unlawful deduction of wages. By holding my wages you are in breach of my statutory rights.

If I have not received full payment within seven (7) days of the date of this letter, I will have no choice but to file for an employment tribunal to recover the sum owed.

I await your response.

Sincerely

Not sure about "By holding my wages you are in breach of my statutory rights." doesnt sound right, i didnt write this btw.

shikoku

I would use this one.

Dear Sirs

Please handle this as a grievance

On DATE I made a formal written request to you for my final payslip and P45 document, as of todays' date I have not yet received these.

I feel I must now remind you that you have a legal obligation to provide these documents to me.

If I do not now receive my final payslip and P45 document within seven (7) days of the date of this email, I will have no choice but to file for an Employment Tribunal to recover them for me, as well as any monies outstanding.

I await your response.


You would need to have raised it as a grievance, ie given them a chance to sort it out before a tribunal could help.

Blaz

shikoku wrote: »

I would use this one.

Dear Sirs

Please handle this as a grievance

On DATE I made a formal written request to you for my final payslip and P45 document, as of todays' date I have not yet received these.

I feel I must now remind you that you have a legal obligation to provide these documents to me.

If I do not now receive my final payslip and P45 document within seven (7) days of the date of this email, I will have no choice but to file for an Employment Tribunal to recover them for me, as well as any monies outstanding.

I await your response.


You would need to have raised it as a grievance, ie given them a chance to sort it out before a tribunal could help.

I was only there 4 days and having no official employment contract (other than a brief email) can i still say this is a grievance? Also would it be okay to send this as an email or should it be recorded delivery letter.

Lastly he doesnt have my bank details, should I include them (not sure if i want this guy to have them, he might sign me up to one of his loans or something). Should I mention I am willing to send the files over??

Uncertain

Blaz wrote: »

I was only there 4 days and having no official employment contract (other than a brief email) can i still say this is a grievance? Yes

Also would it be okay to send this as an email or should it be recorded delivery letter. Ideally recorded (but that will be a couple of pounds gone). Hand deliver (with a friend as a witness) or normal post but ask for a certificate of posting (free). The normal legal presumption is that mail is delivered. Even recorded doesn't prove WHAT you sent!

Lastly he doesnt have my bank details, should I include them (not sure if i want this guy to have them, he might sign me up to one of his loans or something).No, he can send a cheque. Should I mention I am willing to send the files over?? No!! Send them anyway, do not hold then to ransom.

In red above.

Errata

Are you absolutely certain that a) you have a written job offer from the company on company stationary? and b) the letter states clearly your starting date and what you will be paid ?

SarEl

Uncertain wrote: »

Yes, as I have stated above!

However, I would wait to see if SarEl (a specialist employment barrister) responds with more information on her counter-sue concerns.

I have two concerns here. The first is that I not not 100% convinced that there is sufficient evidence of a contract of employment rather than a contract for service; although the wording does impy a contract of employment it does depend on what esle may exist, and an implication isn't necessarily going to hold up.

My second concern is that loss of IT development is certainly a quantifiable loss - by taking the work away this could certainly be seen as something which has a cost attached. And as I said, given that this was done the employer / client may be justified in saying that he cannot trust the OP with access to his systems etc.

I'd say it's still an unclear call and depends on how the other side react. They may pay up, they may decide to slug it out.

teabelly

If the OP copies the files onto a cd and includes them with the letter would that not solve the issue of the quantifiable loss as the files have been provided? The MD is then free to check them over before uploading them if he's concerned they might contain malicious content.