Dismissed, Deduction of Wages, Non-payment of Wages

nonameprivate

I started a new job in September of last year.

A couple of weeks ago with the Floods I had trouble getting from London up to Liverpool for work. The government issued warnings that we shouldn't travel, i made a judgement call and didn't go in because the weather was still really bad.

Others in my job also didn't go in.

I had one of my bosses send me messages on skype complaining saying he wasnt happy and wasnt happy others werent in also, and that he didnt believe the bad weather was a reason for people not to go in.

I asked him why he was having a go at me and not them and he went quiet.

I then received a email from the other CEO giving me a written warning, i responded saying that i felt this was illegally given as I hadnt been given any hearing, I also pointed out that the warning also didnt afford me the right to an appeal.

He threatened me in the covering email that i should be careful how I respond and that I would be suspended without pay (i'd never agreed to this in a contract) if I responded in a way that he didnt like.

He didnt give anyone else a written warning nor terminate anyone elses employment.

He also stated that i had other verbal warnings, something that wasnt true, in no company ever have I had a verbal warning, I asked him for proof and he didnt provide this.

I included that I was a member of a union and that I would now need to seek there advice, but that this wasnt something I really wanted to do.

45 minutes later I got a email with a letter saying that my employment had been terminated but wanted me to work my 4 weeks notice.

I again responded saying that I felt this was done illegally (again no right of appeal provided) but he said he didnt care. He said "you unionised so I responded in kind"

I contacted my union who said that because I hadnt had 2 years worth of service that I wouldnt be fully covered by employment laws, but because they had used the fact I was in a union against me this gave me some breathing space to take them to the union.

For the last four weeks, they have told me not to come into the office... but then demanded a "update for work done" each week... they've been messing around with my wages (we are weekly paid) and paying me less than half than i should although my payslips say i should be getting what i have usually got, and this week i've been told by someone that they have no intentions of paying me.

I've spent the last couple weeks trying to reason with them and getting them to be fair and see sense in what they are doing, but they just seem to be too arrogant and think they can do what they want.

My union has written to them but they havent responded, and i've emailed asking for there solicitors details but they havent responded.

I have all the admin access to systems which they currently dont have (because i set up the new systems) - i've said i'd happily hand over the passwords if they communicate with my union but they have ignored this.

On a side note - i was privy to alot of information, i undertook a financial review of the company internally and found that they owed alot more money out than they could ever make back through sales. They use "client money" more or less to fund the company. Something i brought to there attention, even got them new accountants etc..

Has anyone else experienced anything like this? What do you think I should do? Should I use the information against them?

Any advice or help would be appreciated - i think i need some voice of reason too as obviously i know my judgement maybe clouded by what they have been doing.

Poppie68

The first thing i would do is hand over the passwords, they are their property not yours....

Poppie68

nonameprivate wrote: »

I started a new job in September of last year.

A couple of weeks ago with the Floods I had trouble getting from London up to Liverpool for work. The government issued warnings that we shouldn't travel, i made a judgement call and didn't go in because the weather was still really bad.

Goverment warnings don't mean anything, unless you were travelling by rail there is no excuse as all motorways were clear.




Others in my job also didn't go in.

I had one of my bosses send me messages on skype complaining saying he wasnt happy and wasnt happy others werent in also, and that he didnt believe the bad weather was a reason for people not to go in.

I asked him why he was having a go at me and not them and he went quiet.

I then received a email from the other CEO giving me a written warning, i responded saying that i felt this was illegally given as I hadnt been given any hearing, I also pointed out that the warning also didnt afford me the right to an appeal.

He threatened me in the covering email that i should be careful how I respond and that I would be suspended without pay (i'd never agreed to this in a contract) if I responded in a way that he didnt like.

He didnt give anyone else a written warning nor terminate anyone elses employment.

Have you asked all of them, if so the company may have their own reasons for not doing so.
He also stated that i had other verbal warnings, something that wasnt true, in no company ever have I had a verbal warning, I asked him for proof and he didnt provide this.

I included that I was a member of a union and that I would now need to seek there advice, but that this wasnt something I really wanted to do.

45 minutes later I got a email with a letter saying that my employment had been terminated but wanted me to work my 4 weeks notice.

I again responded saying that I felt this was done illegally (again no right of appeal provided) but he said he didnt care. He said "you unionised so I responded in kind"

Nothing illegal, you had been employed less than 2 years.

I contacted my union who said that because I hadnt had 2 years worth of service that I wouldnt be fully covered by employment laws, but because they had used the fact I was in a union against me this gave me some breathing space to take them to the union.
I have a feeling your attitude got you fired.


For the last four weeks, they have told me not to come into the office... but then demanded a "update for work done" each week... they've been messing around with my wages (we are weekly paid) and paying me less than half than i should although my payslips say i should be getting what i have usually got, and this week i've been told by someone that they have no intentions of paying me.

Don't listen to anyone else wait until pay day....missing pay can be sorted.

I've spent the last couple weeks trying to reason with them and getting them to be fair and see sense in what they are doing, but they just seem to be too arrogant and think they can do what they want.

They don't have to reason with you, and by you trying to get them to be fair and see sense it may come across as you being arrogant

My union has written to them but they havent responded, and i've emailed asking for there solicitors details but they havent responded.

I don't think they have to respond to the union(maybe wrong) what do you need their solicitors details for?
..
I have all the admin access to systems which they currently dont have (because i set up the new systems) - i've said i'd happily hand over the passwords if they communicate with my union but they have ignored this.

Really!!!!! I think you need to find a good solicitor


On a side note - i was privy to alot of information, i undertook a financial review of the company internally and found that they owed alot more money out than they could ever make back through sales. They use "client money" more or less to fund the company. Something i brought to there attention, even got them new accountants etc..

Again really!

Has anyone else experienced anything like this? What do you think I should do? Should I use the information against them?

Any advice or help would be appreciated - i think i need some voice of reason too as obviously i know my judgement maybe clouded by what they have been doing.

Holding password to ransom and threatning to bring the company to their knees by exposing the way they do business!!

Sorry OP but to me it sounds like you could kiss your career goodbye...could you imagine any employer wanting to employ someone like you...who in fairness started the farce off by not turning up for work.

bluenoseam

I'd have sacked you soon as you answered me back if I were your manager - that's cheek in it's own right and is a more than reasonable reason to sack someone. You gave them more than enough reasons to punt you and they did.

If you threaten them be aware that anything you do CAN get you sued if it's less than 100% accurate and frankly if you're going to try to settle scores, it's a very easy way to wind up in court.

PHILANTHROPIST

Sorry to hear about your alleged unfair treatment.

If (and it may be a big if !) the principal reason for you being dismissed was a direct result of you being a trade union member then you do not need 2 years of service. It may count as Automatic Unfair Dismissal... in effect in that scenario then two days of service will suffice. If u received an email which said you were dismissed immediately post reference to union membership etc then who knows !?

I've not dealt with automatic unfair dismissal for a while, but either await feedback from other members or get advice from ur union rep ASAP or call ACAS on 08457 47 47 47 .

Poppie68

I think the OP's attitude and his mouth were the reason for dismissal....by saying 'i'm a member of the union and i will contact them if i have to, but i really dont want to have to do that' sounds a little like blackmail to me. Withholding access codes that don't belong to him...surely that amounts to theft, and by witholding these access codes he his interfering with their right to run their business. Lets not forget his threat to 'expose' their business practices, who in their right mind would want to employ him after all this!
I think the most sensible thing to do is, hand over the access codes, speak to payroll and sort out his pay, finish his notice and walk away quietly.

keyser666

I cant see you getting that much money out of them now even in the situation you are in.

As the 4 weeks are up I would say to them now if they wish to speak to you that you will do so in a consultant capacity and expect to be paid accordingly and would conveiniently forget the passwords etc only remembering them after you have invoiced them for your first piece of work

nonameprivate

Wow didnt expect this response and sorry if I came across as having an attitude.

One thing anyone who has worked with me (other than this guy im guessing) will tell you is that i'm pretty friendly and work extremly hard.

This guy uses the word "i'll fire you" to a lot of staff to win arguments and get his own way. I mentioned my union as he was treating me unfairly.

Only the day before my termination I had an email from the other owner of the company stating that he was now a lot happier coming to work since I started as I had done so much for the company and built staff morale that was once lacking.

The reason I couldnt get to work was because of the rail... i dont drive. There was trees on the line also, and there was a weather warning and also notices from the train companies saying that the trains will probably be cancelled that afternoon. I took the decision I did because I didn't want to get trapped and also felt it was dangerous to travel.. it was unlikely I would have got to work anyway, and I tried in the politest way possible to explain this to my boss.

PHILANTHROPIST

nonameprivate wrote: »

Wow didnt expect this response and sorry if I came across as having an attitude.

One thing anyone who has worked with me (other than this guy im guessing) will tell you is that i'm pretty friendly and work extremly hard.

This guy uses the word "i'll fire you" to a lot of staff to win arguments and get his own way. I mentioned my union as he was treating me unfairly.

Only the day before my termination I had an email from the other owner of the company stating that he was now a lot happier coming to work since I started as I had done so much for the company and built staff morale that was once lacking.

The reason I couldnt get to work was because of the rail... i dont drive. There was trees on the line also, and there was a weather warning and also notices from the train companies saying that the trains will probably be cancelled that afternoon. I took the decision I did because I didn't want to get trapped and also felt it was dangerous to travel.. it was unlikely I would have got to work anyway, and I tried in the politest way possible to explain this to my boss.

Agree, I was also rather surprised by the adverse opinions re your alleged conduct. Members opinions will always differ re workplace disputes. I have learnt to give folk the benefit of the doubt. If you search say google on automatic unfair dismissal and unionised then you should see examples of cases and scenarios where claimants who appeared to be dismissed in circumstances somewhat similar to your own and a length of service of less than 2 yrs obtained justice and compensation (see below). Again, I am not wishing to offer false hope and please seek a second opinion via ACAS or Union (assuming your fees re up to date etc)

"Nearly £9,000 in compensation has been awarded to a Leeds worker who claimed he was unfairly dismissed for being a trade union member.

Boguslaw Szulgan, a Polish national living in Armley, was sacked without notice after challenging his employer Whitecase Limited, based in Valley Farm Road, Stourton, when management said it wanted to change the method of paying wages.

The 42-year-old GMB union member contacted the union for support when he found that the changes would result in workers having to work a week in hand without pay.

He submitted a grievance letter, which other members of staff signed in January.

He claimed the firm’s directors then called him into a meeting and subjected him to intimidation because of his union membership, before he was dismissed while being owed 89 hours of wages and some holiday pay.

Mr Szulgan, who was a process worker at the recycling plant, said: “My English is quite limited but I could make out the repeated swearing.

“I was aware that two other employees who had submitted grievances had been sacked the day before. Throughout the meeting I maintained my right to be in GMB and call on its services.”

He was awarded the compensation by the Leeds Employment Tribunal on Monday, although because Whitecase Limited is no longer trading the funds will come from the Government’s Insolvency Service."