Employer refusing to pay final salary payment

unclemickey

Hi all,

Any help on the below would be fantastic, as I'm approaching wits end!

I resigned from my previous position in early december (8th) due to accepting an offer with a direct competitor. It was agreed that my resignation would be accepted with immediate effect and that I wouldn't be required to serve a notice period, even though I had been with the company for 18 months.

I recieved a letter on the 11th December, stating that I would be paid up until the 8th, plus the 6 days remaining holiday allowance that I had left outstanding. This was to be paid on the final working day of the month as per every other salary payment I have ever recieved.

During the december period, the company have been in correspondance regarding several smal bits and pieces, such as the return of company equipment, building pass, mobile phone etc, all which was recieved in perfect conidition and with an ammicable response etc, giving me no indiciation that I would have any up coming problems etc.

However, on last friday (30th December) I found that I had not been paid, nor had I recieved a final pay slip as promised by the company in the previous letters.

I have emailed and written to them to which I recieved no response. I have also called the office this morning to be passed around before being hung up on. I've emailed again this morning, to recieve read receipts yet no response. The company have a bit of a reputation of doing this it would seem.

I'm just looking for any help and advice that anyone may have? I've tried to speak to the citizens advice this morning but have been told to complete a triage form and await an appointment which could take up to 5 days. I'd ideally like to get the ball rolling ASAP with this.

Thanks in advance all, any thing would be greatly appreciated.

Guest101

Letter before action then small claims court

Undervalued

Send a letter before action (Google it, many examples online) setting out exactly what is owed and giving them a short but reasonable time in which to pay by a specific date (maybe three weeks). At the very least get a certificate of posting (free).

If they fail to pay by a week after your date the use the small claim court to file a claim. You can do this using money claim online.

unclemickey

Thank you both, I shall send a letter before action immediately.

I've searched online and whilst there are numerous templates, very few seem appropiate for unpaid wages, the majority seem to be for rent owed etc.

Have you any idea's where exactly I'll be able to find a wage specific template?

No problem if not, I'll attempt to draft one.

Thanks again for yor help, it's greatly appreciated.

Guest101

To be honest the templates aren't really necessary:


LBA


Dear sir/Madam,


I am writing to you as you have not paid my final wages of: £X and my accrued annual Leave of £Y. Please rectify this situation with-in 10/14/28 days.


please note this letter fulfils my obligations in relation to pre-action protocol and no further notice will be given prior to commencement of legal proceedings, should you fail to comply.


kind regards


UM


- remember you are not expected to have a water tight letter, you are a member of the public.

Bogalot

This is quite possibly their first day back after the holidays, even if some were in last week it's likely to have been a limited number of staff. I don't see a refusal to pay (yet), it may have been an oversight.

Give them until the end of the week before sending an LBA. If you can resolve things amicably that's going to happen far more quickly than a court action.

steampowered

Do remember that the employer is not required to give you a reference. So if you want a reference, do chase the unpaid wages but don't be too aggressive.