Heard down the grapevine that my ex-boss is going to refuse my holiday pay on absolut

RockandGrohl

Right it's been a week. How do I take this to Small Claims Court?

I'm filling out the form now, and it's asking me for the name of the person I am to address it to... That wouldn't be Ryan, would it, seeing as I am taking the company to small claims court, rather than the manager of the particular pub I worked at in the chain.

Thanks.


Double edit:

I worked at The Queens Head from 02/06/13
until the 27/08/14 when my employment
concluded after a week's notice. During this
time I did not take any days of my holiday
entitlement. Upon receiving my final paycheck
on the 04/09/14 I have since discovered that
I received no money in lieu of my Annual
Leave entitlement. On 27/03/15 I rang up The
Queens Head and spoke to assistant manager
Chris, asking for my holiday entitlement. He
gave me a vague response, where I then waited
a further three weeks until, on 17/04/15 I
sent a letter before legal action addressed
to the general manager Ryan asking for either
payment of my calculated Holiday Money, or an
explanation as to why he thinks I am not
entitled to this money within 7 days.

RockandGrohl

Just seen documentation on Government websites saying I should wait 14 days after making a formal request for debts owed to me.. Should I submit the claim now or in another 7 days time?

jobbingmusician

I didn't see the words Letter Before Action in your earlier letter.

You could now send this.

Letter Before Action

My earlier letter was delivered to you on 18th April. This letter gave you 7 days to reply, and I have had no reply.

I note that the Small Claims Court recommended practice is to give the debtor 14 days to pay. This letter is therefore to inform you that my Small Claims Court paperwork will be submitted to the court on Monday 4th May, if I do not receive full payment of the holiday pay owing to me, together with a calculation showing how this payment has been assessed.

RockandGrohl

Could I not just send this claim off today? As really I have given them fair warning.

By the way if this all works out I'm paypalling you and the other chap some beer money.

jobbingmusician

Yes, you could send it today. But there is no postal service so I think you should add one day on so they have 7 days' notice of a letter that is clearly headed LBA


No need for any beer money, BTW - my pleasure. I'm sure someone like Oxfam would be very happy to get a donation, though

RockandGrohl

I meant could I not just send the small claims court thing off, without sending Ryan a "Letter Before Legal Action" or is that too unorthodox?

Takeaway_Addict

As you've waited this long you may as well send another letter out with the specific words attached. Just gives you a bit more protection.

RockandGrohl

I'll do that tomorrow so it gets there Wednesday.

Is there any way at all they can get out of this. Any way I can lose the court case? They should have paid it automatically when I left but due to my ignorance I've only raised the issue ~240 days later.

RockandGrohl

jobbingmusician wrote: »

I didn't see the words Letter Before Action in your earlier letter.

You could now send this.

Letter Before Action

My earlier letter was delivered to you on 18th April. This letter gave you 7 days to reply, and I have had no reply.

I note that the Small Claims Court recommended practice is to give the debtor 14 days to pay. This letter is therefore to inform you that my Small Claims Court paperwork will be submitted to the court on Monday 4th May, if I do not receive full payment of the holiday pay owing to me, together with a calculation showing how this payment has been assessed.

Sent this today, thanks.

jobbingmusician

RockandGrohl wrote: »

I'll do that tomorrow so it gets there Wednesday.

Is there any way at all they can get out of this. Any way I can lose the court case? They should have paid it automatically when I left but due to my ignorance I've only raised the issue ~240 days later.

I don't know the answer to this, I'm afraid. I suggest you look on the SCC website to see if there is a time limit on claiming for unpaid wages. I know for 'normal' court cases it's normally 6 or 7 years, however.