Underpaid salary & Redundancy Threat

Two4Tuesday

marybelle01 wrote: »

A statutory right which the OP settled in front of a witness (the sales director) for £800, with the witness being very likely to uphold this (true) version of events in any court of law. I have pointed this out twice now and the OP keeps ignoring it - they settled the underpayment. So the statutory right has been fulfilled by agreement.

The fact that the statutory right has been settled, does not preclude the possibility that the employee was dismissed for the assertion in the first place.

In any event, I agreed with your previous post. The OP would have some difficulty in proving that any dismissal soon after was directly related to the assertion.

paddedjohn

OP, you have settled so as advised earlier on you are best just knuckling down and look for another job.

Annisele

I'm not sure it's as simple as the OP having settled. (But I'm not a lawyer - when I say I'm not sure, that's what I mean).

OP's claim isn't for damages, it's for non-payment of wages - essentially a debt claim. Generally in debt claims, part payment can't be a payment in full and final settlement of the whole debt (though there are exceptions).

But generally I agree; OP needs a new job asap. Unless the employer is an utter idiot, he'll be able to sack OP with impunity during her first two years in the job (I know the stuff about statutory rights - but any employer who isn't an idiot can find a reason that has nothing to do with those).

marybelle01

Annisele wrote: »

OP's claim isn't for damages, it's for non-payment of wages - essentially a debt claim. Generally in debt claims, part payment can't be a payment in full and final settlement of the whole debt (though there are exceptions).

Of course part payment of a debt can be full and final payment if both parties agree it is - which is the case here, because that is what a settlement is, both parties agreeing. It happens all the time with debt. Debt companies make offers of "discounts" for "full repayment" all the time, and debt management companies negotiate such deals for clients with creditors if a client is able to come up with a lump sum to offer. This is no different. The OP said the employer owed them money. The employer agreed but said they could not afford the sum owed. The employer offered a reduced lump sum amount to settle the debt. The employee agreed. In front of a witness.


But I totally agree - it is a matter of ease for the employer to find a reason for dismissal if they want one.