Previous Employer Withholding Final Wage

Se7enS1ns

I'm looking for a bit of legal advice from anyone who may have experienced similar.

Basically, I resigned from a company shortly before Christmas, offering one weeks notice. I had accrued 16 days holiday, taken 10, so had 6 owed. I was asked to serve my notice as holidays owed, and paid as usual the following week.

Since then however, I have not been paid for my "week in hand" owed. Initially I received excuses for lateness in paying me - a very vague reference to not paying enough tax for the year and that they were contacting HMRC and their accountant to clarify. I have not had anu reply to further messages since then. So whilst I do have confirmation from them that I am still owed a wage for that week, I havent had a valid reason why it hasn't been paid. I should also point out that I have never received a payslip while I workes there, so literally have no idea what tax/NI I have paid.

What would be the best course of action for escalation of this issue? ACAS, small claims, or employment law solicitor?

Thanks in advance

Guest101

Se7enS1ns wrote: »

I'm looking for a bit of legal advice from anyone who may have experienced similar.

Basically, I resigned from a company shortly before Christmas, - For what reason, it can be important. offering one weeks notice. - and contractually you had to do how much? I had accrued 16 days holiday, taken 10, so had 6 owed. I was asked to serve my notice as holidays owed, and paid as usual the following week. - you agreed?! Very very silly!

Since then however, I have not been paid for my "week in hand" owed. Initially I received excuses for lateness in paying me - a very vague reference to not paying enough tax for the year and that they were contacting HMRC and their accountant to clarify. - not their problem, the tax is yours to pay. I have not had anu reply to further messages - MESSAGES?! like texts??!! since then. So whilst I do have confirmation from them that I am still owed a wage for that week, I havent had a valid reason why it hasn't been paid. I should also point out that I have never received a payslip while I workes there, so literally have no idea what tax/NI I have paid. - NEVER HAD A PAYSLIP?! did this not strike you as odd?! what about P60, were you there over a year?

What would be the best course of action for escalation of this issue? ACAS, small claims, or employment law solicitor?

Thanks in advance

Small claims, for the TOTAL owed, inc tax. you can settle with HMRC

Se7enS1ns

Guest101 wrote: »

Small claims, for the TOTAL owed, inc tax. you can settle with HMRC

For what reason, it can be important. - Lots of contributing factors; lack of communication, breakdown in proffesional relationships, frequent late payment of wages, lack of employment contract, lack of wage slips despite frequent requests. I offered my resignation, they accepted, we parted on amicable terms.

and contractually you had to do how much? you agreed?! Very very silly! Not really, legally an employer can ask you to take notice period as the remainder of any holidays owed. But thats not really the issue here, Im not disputing that, just the lack of payment for wages owed.

not their problem, the tax is yours to pay. I thought this was the case, but thats the excuse Ive been given. Wording to the effect of "I cant processs your final wage until Ive spoken to HMRC as its showing that you havent paid enough tax." If I havent paid enough tax, surely this is because they must not have been paying the correct amount on my behalf?

MESSAGES?! like texts??!! Email initially, until responses stopped. Then text messages since then, until again, I faced a wall of silence.

NEVER HAD A PAYSLIP?! did this not strike you as odd?! what about P60, were you there over a year? Nope, never, despite asking for one each month and being faced with excuses ("I'll have to ask for them from the accountant / they come in PDF format, I'll print them off for you" etc). A contributing factor to my resignation. I did reveive a P60 - I started with the company in Feb 2015. My P60 showed that I had not paid enough tax for this year, by £110 - when I asked my employer about it, I was told that the issue must have been with my previous employer.

So that's where I currently stand. My wages owed have been confirmed in writing, albeit text message, with an excuse of some tax issue being the reason for none payment. I also have not received my P45 despite asking for it. Communication has never been their strong point even while I worked for them, but no it seems that their hoping to ignore the issue and it'll go away, so it looks like I'll have to explore my legal options.

marcarm

You need to start writing letters, with a pen, paper, envelope and a stamp.

Emails and texts are so easy to ignore.

[Deleted User]

Perhaps it takes a while to process?

Position before current was 6 weeks to have 'the week in hand' returned. So I ended up with 2 pay periods even after leaving the co.

I believe, because company I departed never supplied a breakdown even of hours worked, but got to me before I could formally request such so I'd jump on this now, put it in writing as suggested before it becomes a mess.

Se7enS1ns

marcarm wrote: »

You need to start writing letters, with a pen, paper, envelope and a stamp.

Emails and texts are so easy to ignore.

Why? Both legally and contractually, there is no disparity in what constitutes written communication - it could be written on the back of a fag packet in crayons as far as the law is concerned - as long as there is evidence or lack of reasonable doubt that it was received by the correct party. Recorded mail holds no greater legal merit of receipt, than an email, contrary to common opinion. Contract Law 101.

Besides, email and text made up 100% of our written converse during my time with them.

Dan-Dan

Se7enS1ns wrote: »

Besides, email and text made up 100% of our written converse during my time with them.

Well they seem to be ignoring those mediums now , so trying other methods might be a good idea

Undervalued

Se7enS1ns wrote: »

Why? Both legally and contractually, there is no disparity in what constitutes written communication - it could be written on the back of a fag packet in crayons as far as the law is concerned - as long as there is evidence or lack of reasonable doubt that it was received by the correct party. Recorded mail holds no greater legal merit of receipt, than an email, contrary to common opinion. Contract Law 101.

Besides, email and text made up 100% of our written converse during my time with them.

Maybe so but you are looking to resolve a problem as quickly and easily as possible, standing on the finer points of contract law is not always the least hassle solution.

If they are not used to getting formal letters then maybe sending one will make it clear that you are serious.

Sometimes recorded delivery, despite it holding "no greater legal merit", can have quite an effect on a lay recipient.

marcarm

Se7enS1ns wrote: »

Why? Both legally and contractually, there is no disparity in what constitutes written communication - it could be written on the back of a fag packet in crayons as far as the law is concerned - as long as there is evidence or lack of reasonable doubt that it was received by the correct party. Recorded mail holds no greater legal merit of receipt, than an email, contrary to common opinion. Contract Law 101.

Besides, email and text made up 100% of our written converse during my time with them.

They are not making 100% of conversation now though are they? You are not with them now so they seem to be happy to ignore you. In your words, you are facing a wall of silence from your emails and texts. How do you know they have not changed email address or mobile number and they are actually receiving your messages?

As said, a formal letter can make people think twice and make them realise you are being serious. Put it this way, would you be more inclined to a text message or a formal letter?