Ex employer has underpaid me massively! What can I do?

Stressedtothemax95

Hi, so at the beginning of the month I decided to leave a job I had been in for 3 months due to bad training, poor team leader and generally not liking the environment. I never said this when leaving as I didn't want to burn bridges and said I didn't feel it was a right fit for me. I worked my 7 days notice as stated in my contract and My last working day was Friday 31st.

We are paid monthly on the 27th. Monday 28th was a bank holiday (I am entitled to bank holidays + 30 days holidays in my contact.) and than I worked a further three days.

I received my payslip Monday and all I had been paid was 3 days holiday (which also isn't correct. I'm entitled to 5 days holiday as I started half way through the year 20/2 = 10 days holiday. I worked three months. So again 10/2 = 5.)

I emailed straight back to payroll saying there's been a mistake and they have not paid me the 3 days I worked, plus bank holiday and have missed two days holiday (I took no holiday while I worked for them). I have had no response what so ever. I have emailed them again today.

This has left me massively short as I am missing over half of my money owed to me. I have read the contract as I was aware I would not be receiving my commission this month as I decided to leave, which is !!!! but its in the contract so I can't do anything about it. The company has screwed me over massively to the point I can't pay all of my bills and is going to effect my credit due to late payment or no-payment if this doesn't get sorted.

What else can I do? I don't want to go down the legal route yet but if I have to I will, I know I'm owed them
Days and they are legally obliged to pay them. I've never had a company screw up my final pay before so not to sure what I do in this situation.

Stressedtothemax95

Bank holidays + 20 days holiday******

ReadingTim

I'd start to phone them, rather than e-mail, and if that's ignored, then write - registered post so you've got proof they received it, asking for an explanation of how they've arrived at the sum they have. It'll be useful if you go down the legal route.

However, a note about holidays: your annual leave entitlement is based on the assumption that you serve the whole year (or part thereof) with the company. But it accrues at a set rate per month employed, which is usually stated in your contract - almost like you have to 'earn' it.

So, you might be entitled to 5 days over a leave year, but if you take more than you've accrued by the time you leave, they'll claw it back. This might be part of the reason you've received less than you thought you'd get.

Payroll/HR could also have made an error (it's not unknown), or you've simply miscalculated. I doubt it's a deliberate act, therefore it's probably best to aim to amicable resolve the situation, initially by establishing how they've made their calculation. So, pick up the phone - a call is harder to ignore than an e-mail.

Comms69

You're entitled to 5.6 weeks holiday, which is what you got. You are just instructed to take 8 days (1.6 weeks) of those on bank holidays.


Your pay is pro rata'd per part year, so for 3 months, you would have approximately 7 days (some variance as it may not be exactly 3 months you were there)


Your working out isn't correct, as you are excluding bank holidays then adding them on as a gross figure. it should be 28/ 52 x number of weeks worked. (or divide by 12 for months etc)


How can you be missing half the money owed to you?


I'd suggest you were paid on the 27th (or 25th more likely) for the period up until 31st. If so you were paid for the bank holiday already.

lincroft1710

Stressedtothemax95 wrote: »

Hi, so at the beginning of the month I decided to leave a job I had been in for 3 months. I worked my 7 days notice as stated in my contract and My last working day was Friday 31st.

We are paid monthly on the 27th. Monday 28th was a bank holiday (I am entitled to bank holidays + 30 days holidays in my contact.) and than I worked a further three days.

I received my payslip Monday and all I had been paid was 3 days holiday (which also isn't correct. I'm entitled to 5 days holiday as I started half way through the year 20/2 = 10 days holiday. I worked three months. So again 10/2 = 5.)

This has left me massively short as I am missing over half of my money owed to me.

What else can I do? I don't want to go down the legal route yet but if I have to I will, I know I'm owed them
Days and they are legally obliged to pay them. I've never had a company screw up my final pay before so not to sure what I do in this situation.

31 August 2017 was a Thursday, not Friday. I suspect that although being paid on the 27th, your salary reflects payment up to and including the last day of the month. If this is the case then at most you are only short by 2 days holiday pay, but in fact the payroll calculation may be correct.

Undervalued

Stressedtothemax95 wrote: »

Bank holidays + 20 days holiday******

As others have suggested your understanding of the holiday / bank holiday situation is not correct.

You are entitled to a total of 28 days per year in total, so seven days if you worked for exactly three months.

Bank holidays are irrelevant. On how many days did you not work? If more than seven then they are entitled to deduct the excess from your final pay.

leslieknope

just call them and explain the situation. if they say it's correct, ask them for their working out.

could it be that your payroll cut off is the 27th? so your monthly pay cycle is 28th-27th (or 27th-26th)? so you could expect that you would be paid for those last 3 days next month? i have had that before. bit pitiful getting a couple of days money the next month but hey ho that's how their system was set up.

maybe not lead with THIS IS A MASSIVE UNDERPAYMENT because it's certainly not over half of the money owed to you.