Pre claim question

jorgos80

Hi all,

about to start claim against previous employer for not paying last salary and holiday accrued.

I left company 21/10/2015 (without notice) and submitted my hours and holiday accrued on same day via email.

Payroll was completed 01/11/2015 and I received payslip via email which sounds to me like they agreed what is owed to me.
Payment was supposed to be on the same day but it never happened, as apparently some customers were not invoiced for some time but I was just working with information provided and that surely is not relevant to not receiving my wage.

Acas was involved also but unsuccessfully.

So basically, my question is do I have good chance on tribunal?



Thanks

ohreally

jorgos80 wrote: »

Acas was involved also but unsuccessfully.

So basically, my question is do I have good chance on tribunal?

Why did you leave without notice?

Did your ex employer engage with ACAS?

jorgos80

Came to a point where I just couldn't deal with everyone avoiding responsibility and directors behaving as you didn't mention problems to them zillion times. Not a smart thing but this can't be changed now.

I approached Acas in order to try and conciliate, but they still didnt pay so received certificate from them enabling me to start proccess.

Undervalued

jorgos80 wrote: »

about to start claim against previous employer for not paying last salary and holiday accrued.

I left company 21/10/2015 (without notice) and submitted my hours and holiday accrued on same day via email......


.....So basically, my question is do I have good chance on tribunal?

Although leaving without notice does not give them a legal right to withhold pay and accrued holiday it is not uncommon.

Technically at least you have left yourself open to a claim (or counterclaim) for breach of contract. Although fairly rare they could potentially sue you for any unavoidable losses resulting from your walkout.

More likely is a game of "you sue us and we will sue you".

Proceed carefully.

jorgos80

Undervalued wrote: »

Although leaving without notice does not give them a legal right to withhold pay and accrued holiday it is not uncommon.

Technically at least you have left yourself open to a claim (or counterclaim) for breach of contract. Although fairly rare they could potentially sue you for any unavoidable losses resulting from your walkout.

More likely is a game of "you sue us and we will sue you".

Proceed carefully.

Thanks for your time.

When you say counterclaim: would that stop my claim or they would have to start new separate claim?

And, any experience how my claim would end up as I have payslip published by them week after I left as proof of owed money?

Many thanks

makeyourdaddyproud

It's a big risk if you push it.

I can guarantee any counterclaim would be much, much higher than that paltry final stipend. You will be surprised at the amount of losses they could counterclaim.

> Court hearing fees, possibly multiple visits
> Possibly hotel stays, possibly multiple staff
> Emergency manpower covering your sudden exit, this would include agency fees
> Other sundry fees that could be proven
> Their solicitor costs
> Your solicitor costs

Still want that paltry final pay?