Do I have a leg to stand on?

Missbehave · 7 October 2013 at 7:01PM

I begun working as self employed with a company and was offered a higher paying role within the company which I accepted. In the contract for service that I signed it said about if I was to resign or step
Down from my higher position then I would be paid at a lower rate which I signed. I was sacked with ten days to go of the month and have now been told that I will be getting the lower rate of pay. I have argued that the higher role involved me working set hours which I did so should be paid for my said time however they have told me because I didn't complete a full month I will be getting the lower rate so do I have a leg to stand on to try and take this further as I'm £200 down?

Southend1 · 7 October 2013 at 7:11PM

Did it say what would happen if they terminated the contract?

Missbehave · 7 October 2013 at 7:35PM

No it stated that if I was to resign or step down I would be paid t the lower rate nothing about if I was sacked.

Southend1 · 7 October 2013 at 7:42PM

Assuming the agreement was in writing it sounds like you have a good case. You may be able to use the online small claims service through the courts

Missbehave · 7 October 2013 at 7:54PM

Can you tell me how I would go about this? I have a copy of the agreement it was a confidentiality agreement that it stated this about the pay and stepping down or resigning. I also have various emails with the boss who asked me to explain why I deserved the higher rate of pay and that's how they have always treated people who have been fired!

Southend1 · 7 October 2013 at 7:57PM

Go here.... https://www.gov.uk/make-money-claim-online

Missbehave · 7 October 2013 at 8:02PM

Do I need to make the company aware that I will be applying to the small claims court?

Southend1 · 7 October 2013 at 8:07PM

I doubt it. Just follow the online instructions I've heard it's a fairly easy process

jobbingmusician · 7 October 2013 at 8:38PM

I would - a 'letter before action' (Google this) is pretty standard.

Missbehave · 7 October 2013 at 8:42PM

Does this need to be posted or can it be sent via email? As all communication with the company has been via email so far.

Missbehave · 7 October 2013 at 8:53PM

I also wanted to add that an email was sent when I was offered the position which said I had to do a certain amount of shifts to get the higher rate which obviously I didn't manage to do because I was sacked but this wasn't in the contract of service or confidentiality agreement that I signed. Does that make a difference?