I've been had :-( any comeback?

reallyconfusednow

At the end of March 2017 following relocation, i was fortunate enough to be offered a position with the following remuneration:

£40,000 per annum, company car, pension, flexible working, 5 miles from home

The company car part of the package was a deal breaker for me as my previous role included one which was returned upon leaving. Prior to being offered this role, I had been interviewed by another small-medium business. After receiving the above offer, the owner of that business contacted me to make me an offer which was as follows:

£35,000 per annum, 20 miles from home.

I informed him that i would have to politely decline due to the package being significantly different, he then came back to me and asked, if he raised the package to £40,000, plus a company car, would I consider? I said I would but it would have to be the right offer.

He came back to me and matched the offer with the other company, along with what can only be an essay as to what an opportunity it is with their company, a future "number 2" position, it was literally around 2 A4 sides of why I should join their company.

Stupidly, i fell for it. Having accepted their offer and declined the first, i came to 1 day before starting on 10th April and i receive an email from new employer, stating that it would be too risky for him to get a company car as the leases are too long and what if i dont make it through the 3 month probation etc? He point blank refused to provide what was offered and stated the company would make a contribution towards me obtaining a lease car on a personal basis.

After 2 weeks with them, a 40 mile a day commute, appalling working conditions, and still no car, I had a discussion with the boss about the situation, his solution was that they would "advance" me £500 towards helping with the lease costs, not a contribution, but an advance from my salary. I questioned this and was told that's the best they will offer.

Low and behold, come to the end of April and I am not paid, gets to 11am, no wages, gets to 3pm, no wages, 6pm, no wages, I'm at this point repeatedly contacting the boss to find out what is going on, 11.05pm on the date i should get paid the money finally arrives, which equates to £35,000 per annum, not the £40,000 he agreed to.

So, having left it another 2 weeks, the bottom line is that i've not received the car agreed, had to beg for my salary on payday, when i finally get it close to midnight it isnt correct, the contribution towards a lease car ended up being a loan from my wage, i still (2 weeks after payday now) havent received a payslip, contract, nothing.....

I am absolutely furious I turned down the first job, and i almost had a gut feeling I was making a mistake. In the last 9 months there have been 3 individuals in this role, and I can see why.

Does anyone know if I have any kind of comeback here whatsoever, I am now in a position where he's effectively threatening they dont need me whenever i bring anything up. He knowing full well that I had a better offer elsewhere has essentially offered "whatever needed" to get me to accept the role with them, knowing full well he couldnt or wouldnt provide what he was offering.

I have full email logs of all conversations but don't know which way to go with it or even whether I can.

Undervalued

Well if you have evidence of what was agreed then you should have a fairly straightforward claim for the shortfall during the time you have worked there. Their only argument would be that you have somehow agreed to the lower amount, lack of car benefit etc.

However, the chances of staying employed if you pursue it are obviously slim! With less than two years service you have no protection against unfair dismissal and your only entitlement would be to you contractual notice (or just one week if it is not specified) plus accrued holiday.

silvercar

Are you still working there?

Maybe worth a call to the first firm to see if their offer is still open.

steampowered

The comeback would be to bring a small claim through the moneyclaimonline service for the difference between what you were promised and what you actually received.

Although the more urgent thing is to start looking for another job. I'd get another job sorted before pursuing what you are owed.

Malthusian

In your shoes I'd contact the first company today and ask if the position is still open. It depends on the industry and how rare people with your skills are, but there's every chance that after a month and a half they still haven't found someone.

As Undervalued said the claim for the arrears should be straightforward. It sounds as if you effectively accepted that they wouldn't provide a company car and continued to come into work, but as far as I can see they don't have that argument in respect of the lower salary. Presumably in amongst this essay you have written evidence of them offering £40,000.

reallyconfusednow

Thanks for the replies. Ive been offered a new job as of last week, which they wanted me to start today but i don't want to lose what i've earned so far this month as i feel that if i left i'd have trouble getting it. I am done with the company, but wanted to find out if I could do anything because it's been an absolute string of broken promises.

silvercar

reallyconfusednow wrote: »

Thanks for the replies. Ive been offered a new job as of last week, which they wanted me to start today but i don't want to lose what i've earned so far this month as i feel that if i left i'd have trouble getting it. I am done with the company, but wanted to find out if I could do anything because it's been an absolute string of broken promises.

I hope you don't have problems getting paid at the end of this month, assuming you will have already given in your notice.

steampowered

reallyconfusednow wrote: »

i don't want to lose what i've earned so far this month as i feel that if i left i'd have trouble getting it. I am done with the company, but wanted to find out if I could do anything because it's been an absolute string of broken promises.

Yes, there is something you can do when you are not paid money which you are owed.

You send the person who owes money a 'letter before action' setting out what is owed, and asking them to pay it within 14 days else court action will follow. If the money is not paid within 14 days you can then issue a court claim through the moneyclaimonline website.

Issuing a court claim sounds intimidating. But for straightforward claims like this one - a simple claim for money owed - it is actually extremely easy.

stator

reallyconfusednow wrote: »

Thanks for the replies. Ive been offered a new job as of last week, which they wanted me to start today but i don't want to lose what i've earned so far this month as i feel that if i left i'd have trouble getting it. I am done with the company, but wanted to find out if I could do anything because it's been an absolute string of broken promises.

If you stay you will get messed around again and again. We all know this type of boss.
Take the new job and then sue in small claims court for what you are owed.

Malthusian

reallyconfusednow wrote: »

Thanks for the replies. Ive been offered a new job as of last week, which they wanted me to start today but i don't want to lose what i've earned so far this month as i feel that if i left i'd have trouble getting it.

It sounds like you'll have trouble getting it if you stay as well. The earlier you start the new job, the sooner you know you'll be paid reliably and on time.

Presumably you have a contractual notice period with your current company but you may have less to lose by breaking it than you do by not getting out of there as soon as possible.

Once you've left you can work out to the £ what you are owed, and send your letter before action from a safe distance.