Giving notice.

zzzLazyDaisy

I would wait until payday before sending the letter before action - simply because until that date, the money is not yet due, so there is no debt.

But you could send a cut down version along the following lines:

Dear Mr Manager,

I refer to earlier discussions. You have asked for a breakdown of the money I am owed by the company, which is set out below:

Outstanding wages to [insert last date of service] £XXX
Bond £XXX
Holiday pay accrued but not taken £XXX

Total £XXX

I should be grateful for your written confirmation that this money will be paid into my bank account through the payroll, in the normal way, on 25th April. In the event that the sum paid is less than the above figure, please provide me with a detailed breakdown of how you have calculated the final payment.

Yours etc

This may at least flush them out of the woodwork and get them to admit that they are in fact with-holding money, which would be half the battle.

Edit - sorry I can't get it to format, but you get the idea.

Phil_68

zzzLazyDaisy wrote: »

Yes, exactly that.

It used to be possible to make a complaint to a tribunal against an employer who failed/refused to comply with the legal requirement to provide a written statement of particulars. This could be done during the course of employment if necessary (though it wouldn't make the employee particularly popular).

Now such a claim can only be made as a bolt on to another claim. Given that the majority of tribunal claims are only made after the employment has ended, this is a bit of a toothless sanction.

Hmmm, are you saying it can be done stand alone during employment but only bolt on if dismissed?

Sorry to hijack the thread, just think it's an important point for all.

zzzLazyDaisy

Phil_68 wrote: »

Hmmm, are you saying it can be done stand alone during employment but only bolt on if dismissed?

No. There is no longer any right to make a stand alone claim to the tribunal for failure to provide a contract. The claim can be made only as a bolt-on to another claim, regardless of whether this is during the employment or after it has ended.

Phil_68

Thanks. Interesting twist.

babyemily

UPDATE: He had his payslip today and they paid him £100. No basic, no bond, he worked 2 weeks in hand etc..Letter before action being sent today.