What would you do? Legal action?

lindagarson

Just wondering what advice there could be for someone this situation...

Mutually agreed to leave a job.
Promised good reference on exit interview.
Noticed an expense claim was unpaid
Noticed holiday pay was unpaid.
New employer asks for reference.
Director goes into silent mode.

Absolutely fuming here. Call in the dogs? Would it be clear cut. Still got signed copy of contract.

spadoosh

What would you be taking legal action against?

No legal requirement to provide a reference.


Theres normally discrepancies between what an employee is expecting to be paid in a final salary and what the company does pay (re holidays). You'll need to provide more information to get a relevant answer.

Same again with the expense claim, provide more info.

Probably not clear cut, risking expense and aggravation for ££££????

steampowered

I would probably call the person responsible for arranging a reference by phone, email only if I don't have their phone number, to find out what is delaying the reference.

It is probably best to try and get the reference sorted before pushing the holiday pay / expenses.

lindagarson

spadoosh wrote: »

What would you be taking legal action against?

No legal requirement to provide a reference.


Theres normally discrepancies between what an employee is expecting to be paid in a final salary and what the company does pay (re holidays). You'll need to provide more information to get a relevant answer.

Same again with the expense claim, provide more info.

Probably not clear cut, risking expense and aggravation for ££££????

Legal action against a breach of contract - expenses not paid nor was other monies owed (holiday pay)

Obviously one could look the other way if a reference was forth coming...as promised. If it didn't materialize.... An eye for an eye? Fuming.

spadoosh

lindagarson wrote: »

Legal action against a breach of contract - expenses not paid nor was other monies owed (holiday pay)

Obviously one could look the other way if a reference was forth coming...as promised! Since that's not the case. An eye for an eye? Fuming if this is the case.

Youre not giving any details.

I understand you feel aggrieved.

The holiday pay could be a miscalculation or could amount to 50p. Likewise with the expenses. in which case an eye for an eye would be stupidly expensive and time consuming for you to regain extremely little.

Sometimes its better to let things go, sometimes its better to chase things up. I couldnt suggest somethign without further information.

MoneyMission2015

In regards to the holiday pay, this might be because the person processing payroll wasn't aware that any holidays were owed. It has happened in my place of work because the payroll department don't track holidays so only know of any owed days if the relevant department manager lets her know. Have you spoken to the payroll department? It might be easier to deal with them rather than trying to get hold of the Director.

Undervalued

lindagarson wrote: »

Just wondering what advice there could be for someone this situation...

Mutually agreed to leave a job.
Promised good reference on exit interview.
Noticed an expense claim was unpaid
Noticed holiday pay was unpaid.
New employer asks for reference.
Director goes into silent mode.

Absolutely fuming here. Call in the dogs? Would it be clear cut. Still got signed copy of contract.

If you "mutually agreed to leave job" then you should have insisted on a formal settlement agreement (formally called a compromise agreement). That could have included a legal agreement to provide an agreed reference etc.

You can certainly sue them for outstanding wages and holiday pay but without a formal agreement there is no legal obligation to provide a reference (except for a very limited number or regulated professions). It is very unlikely you can prove what was verbally agreed so I think any chance of a reference has gone.

sangie595

lindagarson wrote: »

Just wondering what advice there could be for someone this situation...

Mutually agreed to leave a job.
Promised good reference on exit interview.
Noticed an expense claim was unpaid
Noticed holiday pay was unpaid.
New employer asks for reference.
Director goes into silent mode.

Absolutely fuming here. Call in the dogs? Would it be clear cut. Still got signed copy of contract.

You certainly noticed a lot of things. What did you actually do about the things you noticed?

You cannot simply decide to go to court. There is a process to be followed, and that involves attempting to resolve the situation without recourse to the law. You could that with a phone call, email or letter saying they forgot these things.

I do not see you saying that you had a formal settlement agreement for an agreed good reference. In which case, if you don't have one, you can't force them to give a reference. And, of course, getting "your revenge" simply means that you will never get one! Have you asked them why the reference hasn't been forthcoming.- Someone could be on holiday, the request lost, the reply lost.... There may be reasons the reference hasn't appeared.

TELLIT01

You need to contact your former employer about the missing expenses and holiday pay, and give them time to respond and/or make the payment.
There is no way to force your previous employer to provide a reference.