how do i make a company pay up?

chloo

hi!

after leaving my old company they took a big deduction off my wages from holiday and sickness thanks to mildred i have emailed the company to say they have it wrong and that they actually owe me money i have asked for it to be repaid but no luck so far.

what do i say to my ex employers? you have 7 days to raise a cheque or a bank transfer if not ill take them to a tribunal?

thanks

mildred1978

Did you ask them for their calculations?

chloo

yes i got no reply they just blanked it and said its shop managers discrestion :S booooo

esuhl

If this is something that you can prove you are owed, you could sue them in the county court. It's a straightforward process and this website (official) website guides you through the process.

https://www.moneyclaim.gov.uk/

About 10 or 15 years ago, I had a job through an agency, and the company refused to pay me the agreed bonus, which amounted to £650. I simply submitted an invoice to the agency saying that unless they paid what was owed I would sue them. The money was transferred into my account in about a week.

mildred1978

chloo wrote: »

yes i got no reply they just blanked it and said its shop managers discrestion :S booooo

Right, so you need to get your calculations clear (on the other threads you were unable to give exact dates etc) and the amount you are owed calculated accurately.

Then you need to write a letter before action, giving them the opportunity to pay you before you issue court papers.

But you need to be very clear in the letter and your calcs need to be perfect.

chloo

thank you ill do that and give them a week to pay?

thank you very much for your help.

SarEl

chloo wrote: »

thank you ill do that and give them a week to pay?

thank you very much for your help.

A week isn't reasonable - it's usually 28 days and a minimum of 21 days. And if you are in time you go rgough a tribunal - there is no cost and ACAS will try to settle it before it goes to court

Uncertain

SarEl wrote: »

A week isn't reasonable - it's usually 28 days and a minimum of 21 days. And if you are in time you go rgough a tribunal - there is no cost and ACAS will try to settle it before it goes to court

I agree.

Just to add the tribunal time limit is three months (less one day) from when you should have been paid. There is no cost in lodging a claim and you can do it online.

Via the small claims court you have up to six years (but don't leave it that long!!) however you will have to pay a fee up front when you file your claim (this will be added to the amount awarded if you win).

There are a number of advantages to the tribunal route if you are in time.

If need be you can lodge the claim during the time you give them to respond in your "letter before action". You can withdraw the claim if they pay up.

Best of luck.

chloo

Uncertain wrote: »

I agree.

Just to add the tribunal time limit is three months (less one day) from when you should have been paid. There is no cost in lodging a claim and you can do it online.

Via the small claims court you have up to six years (but don't leave it that long!!) however you will have to pay a fee up front when you file your claim (this will be added to the amount awarded if you win).

There are a number of advantages to the tribunal route if you are in time.

If need be you can lodge the claim during the time you give them to respond in your "letter before action". You can withdraw the claim if they pay up.

Best of luck.

i took my last employerers to a tribunal for unfair dismissle so i know that it is very easy and if this one goes this far i wont feel scared after being through it before. thank you for your advice.

thanks

chloo

[FONT=Calibri,sans-serif]You only accrued 8 months holidays between April and November a full years entitlement would have been 108.5 hours therefore @ 8 months your entitlement was 72 you had already had 90 hours which is why we deducted holiday pay from your final salary I have double checked it again this morning and have come back to the same figure. 108.5 [/FONT][FONT=Calibri,sans-serif]÷[/FONT][FONT=Calibri,sans-serif]12 x 8 = 72[/FONT]

the above is the responce from the compnay.

i worked from end of march to 17th of dec. on a contract of 22.5hrs a week and for 3 months my contract was upped by a day to 30 hrs per week. mildred has very kindly done all the workings out for me:

If a full timer works 5 days and gets 22 days leave per year, then someone working 3 days (0.6) would get 13.2 days. However, i started approx 24% of the way through the year, so i would get 10 days for the period 23rd march to 31st December.
i left 15 days early, so i will lose half a day for that. So i had 9.5 days for working 3 days per week.

that is 9.5 days until i had my contract upped:

3 months of working 1 extra day per week would earn 1.1 days extra holiday.

so total holiday allowence would be :10 days and 6 hours.

i dont think the compnay are understanding this? how can i make it simply so they understand they need to pay the deductions they have taken from me plus the extra 6 hrs? to me its principle and the money it will give me will be very useful as it is about £132 which was almost a weeks wages and now comparied to my new job its a third of what i bring home a month.

thanks

mildred1978

What, exactly, does your contract say with regard to hours, dates and holidays?