Ex-employer not fulfilled Compromise Agreement

zzzLazyDaisy

Try this

https://www.gov.uk/calculate-your-holiday-entitlement

Edit - the ET website will be down from 4pm on Friday 26th July. When it is up and running again on Monday 29th fees will be payable.

So if you can claim in the tribunal do it quickly.

Dx

anamenottaken

Purple_Dove wrote: »

Thank you so much for taking the time to offer your valuable advice. You are indeed correct, the issue with seeking legal advice is that it will cost more than is owed but I would like the amount owing to me to be paid up. I am shocked and disappointed that it was not just part of the process and that I have to take further action to claim what was agreed to be paid to me.

In terms of payment of holiday pay, are you only paid for full months worked or would it be reasonable to expect the percentage of the month to accrue you more days (presumably whole days)?

Thanks again!

For the statutory (therefore minimum) holiday entitlement, this is accrued on all time worked. The employer cannot (as some try to do) restrict accrual to complete calendar months due.

If your annual entitlement was greater than the minimum, then the annual excess days can be subject to the "complete month" rule if your employer has that in the written particulars they provided to you.

It doesn't have to be whole days. In practice, when the holiday is actually being taken, entitlement can be rounded up, never down. When there is a payment because of termination of employment the exact percentage is likely to be calculated.

Purple_Dove

Thank you for your comment.

Does anyone know what happens as my P45 has been issued but is incorrect due to the omission of my holiday pay? Can a P45 be re-issued? Does it make a difference if the P45 is given to a new employer? Should I keep hold of it whilst the matter is being resolved?

zzzLazyDaisy

As far as i am aware a P45 cannot be re-issued. If you get a new job hand in the P45 you've got. This mess is of the employer's making and it is up to them to sort it out.

goRt

zzzLazyDaisy wrote: »

As far as i am aware a P45 cannot be re-issued. If you get a new job hand in the P45 you've got. This mess is of the employer's making and it is up to them to sort it out.

Previously I've been issued with an incorrect P45 and then a corrected one has subsequently been issued, your former employer just needs to get over himself!

Purple_Dove wrote: »

Thank you so much for taking the time to offer your valuable advice. You are indeed correct, the issue with seeking legal advice is that it will cost more than is owed but I would like the amount owing to me to be paid up. I am shocked and disappointed that it was not just part of the process and that I have to take further action to claim what was agreed to be paid to me.

In terms of payment of holiday pay, are you only paid for full months worked or would it be reasonable to expect the percentage of the month to accrue you more days (presumably whole days)?

Thanks again!

The CA is a contract, you don't need to go anywhere near an ET to enforce it, you only need to go to an ET to change it (unlikely as you'll have compromised your rights in the CA)
Simply issue a 'letter before action' giving 14 days to pay and stating that they'll incur additional costs and interest if they fail; then go of to the small claims court (less than 10k) or high court.

Any decent solicitor would have included a payment timescale in the CA for example within 14 days termination date

zzzLazyDaisy

goRt wrote: »

The CA is a contract, you don't need to go anywhere near an ET to enforce it,

Just to clarify for the sake of accuracy.

The ET has the power to make an enforceable decision on a CA that is dated before the date of termination by way of a breach of contract action, in exactly the same way as the small claims court, because the contract arose during the course of the employment. At the time I gave that advice there was no fee for issuing in the ET, unlike the SCC. Hence the advice.

goRt

zzzLazyDaisy wrote: »

Just to clarify for the sake of accuracy.

The ET has the power to make an enforceable decision on a CA that is dated before the date of termination by way of a breach of contract action, in exactly the same way as the small claims court, because the contract arose during the course of the employment. At the time I gave that advice there was no fee for issuing in the ET, unlike the SCC. Hence the advice.

Yes, the important point is to get the process started by issuing an appropriate letter before action

Purple_Dove

Thanks for all the advice. After several unfulfilled promises of payment and extending dates, still no joy! Please could someone offer advice on the process of taking a company to small claims court. How do I get things started?

TBagpuss

Try here https://www.gov.uk/make-court-claim-for-money/overview which is the Court Service website.

You can download the forms you will need to fill in, or fill it in and submit online.

Although all go to Salford for processing if there is actually a hearing it can be moved to you (or your ex-employers) local court.

As Pps have said, you should send a 'letter before action' first warning your ex-employer that you will be applying to court if you are not paid by your deadline (and ask for interest as well, backdated to when the should have paid you)

Although you are not required to, it may be worth sending the completed form to your ex-employers (after you've filled it out, because the deadline in your letter before action has expired) and saying to them that you will be issuing in 48 hours if you haven;t recieved payment by then. That shows them you are serious about taking them to court and may prompt them into paying you before you have to incur the court fee.

Purple_Dove

Thank you to everyone who has taken the time to respond, it is great to feel supported when dealing with a difficult situation!

It looks like court is going to have to be the way forward! When calculating holiday pay what calculation should you use to accurately calculate what is owed? When claiming do you put the figure to include tax? What would be reasonable compensation claims?