Been dismissed, but not paid for what was owed.

vatarax

I was placed on suspension pending investigation for 7 weeks.

I've been paid the first few weeks, as that payday came whilst I was on suspension.

I've been dismissed a week before the second payday (which is today) but I haven't been paid.

I assumed that I would still have been paid the 3 weeks as I was suspended on pay?

Where do I stand?

Jordo

I'd imagine this will all come down to the details in your employment contract. If you don't have a copy, ask for one.

They may have stipulations such as pay under suspension, how many weeks you are paid under suspension, if at all.

Get your contract out, check the details and you'll see what you are owed.

vatarax

I've checked the dismissal procedures, it says and I quote

Dismissal

If you consider that a further review period is not appropriate, the employee will be dismissed. Dismissal with be with full notice or payment in lieu of notice.

So, That sounds like I should be paid for the time I was suspended?

It also has this,

Where you have been the subject of disciplinary action under the Disciplinary Procedures and after the
procedure has been exhausted it is decided a disciplinary sanction, short of dismissal, should be
imposed, the Company may impose on you one or more of the following sanctions:-

(a) A disciplinary transfer to an alternative place of work.
(b) A downgrading with reduction in pay.
(c) Forfeiture of pay; loss of a specified amount of pay related to an offence(s).
(d) Stoppage/postponement of your next pay award, either salary and/or discretionary bonus.
(e) Reduction in pay.

These sanctions are either in addition to or in replacement of any other disciplinary sanction which
appears appropriate to the particular circumstances.

But as I've been dismissed, my understanding is that a the sanctions are only imposed as an alternative to dismissal.

Jordo

Sounds about right - sounds like you should have been paid.

nimbo

it also sounds like they should have paid you notice - (i am not legally trained, so don't get your hopes up there though)...

good luck. xx

DCodd

Will probably depend on what you were suspended/dismissed for and the terms in your contract regarding Gross Misconduct and instant dismissal. Your dismissal notice should have told you why you were dismissed, the date of termination of your contract and the amounts of any payments owed to you.

tbs624

*Write* to your ex-employer and ask them to clarify the pay situation. Keep a copy.

If there is no resolve or you would like further clarification you may want to try talking to ACAS - their helpline tel no is 08457 474747 and their help is free and confidential.

They can discuss the terms of your contract with you and speak to your ex-employer if pay which may be owed to you is not forthcoming. Their role is to help both parties reach agreement on matters of dispute.

Alternatively/additionally talk to the local CAB - ask to see one of their advisers who has experience with employment issues.

If you are a Union member you should be able to get guidance from them too.