Dismissal

carolann312

My husband was recently sacked from a full time job which he had been with since August 2014. The reason given was his bad attitude. He was given the right to appeal which he has done. However, when he was dismissed he was owed one week's wages (he got paid weekly and worked a week in hand). We expected the money to go into his bank account as usual the week after he was dismissed but nothing went in. He did receive a pay slip for that week with a nil balance. When he questioned it with his employer he was told that they were holding the money back until the appeal has been heard. Can they do this? This is money he has earned and we need it to pay bills. They acknowledged his appeal 3 weeks ago and said they would deal with it when they could. In the meantime we are struggling to pay our mortgage, etc. Does anyone know if what this company are doing is correct?

Another_not_new_user

It would take several weeks at least to get into court to get the money anyway, so there really isn't anything that you can do to make them pay up faster. You can try a letter before action, which you would have to do anyway to make a court claim, but I doubt it will speed things up or increase his chances of winning the appeal.

getmore4less

Did he work and get paid the notice period?
Any accrued unused holiday?

It will be a good idea to be clear what unpaid wages you are asking for with any communication.

carolann312

He did not get paid for his notice period even though he worked it.

Undervalued

carolann312 wrote: »

He did not get paid for his notice period even though he worked it.

Well that is simply a debt which can be claimed via the small claims court if need be. You have up to six years (five in Scotland). You can also claim for any accrued holiday.

Write to them setting out clearly what is owed and ask for payment by a particular date (perhaps in roughly three weeks) failing which you will begin legal proceedings without further notice.

If they don't pay you can file a claim online. There is a small fee to pay but that will be added to the debt assuming you win.

BobQ

I would write stating what you believe he is owed and point out that legally if they have implemented the dismissal they cannot use a grievance as a reason for withholding money they owe.

Mark it Letter before Action and say that you will be claiming the original debt and all costs unless they settle the debt within 7 days.

BobQ

You may find this helpful. It explains the situation on unlawful deductions.

http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/rights_to_pay.htm

If he is a member of a union he should seek advice from them. If not ask the Citizen's Advice Bureau or contact the ACAS helpline for advice.