Employer did not pay me full wages

Dodgysailor

Dear all,

I have been working 7 months for a training company as Quality Assurance Manager.
It is small business that has been recently formed. The thing is that I found another job and gave my notice period accordingly.
My employer was a bit bitter about it but I thought it was normal.
When I got my payslip this month he did not pay me the full wages and he is short in around £400, which is my holiday money. He is not answering emails about it and it is obvious that he is trying to take revenge.
My question would be, what steps do I need to take in order to get what is mine? 
Any advice would be grateful.
Thanks

tacpot12

If you have home insurance, check to see if you have legal expenses cover. If you do, call the legal helpline as they will provide advice and support, and might write to the employerr. Once an employer realises that the employee has the law on their side and is prepared to go to an employment tribunal, they will often backdown and pay what is owed just because the  cost of defending the claim is greater than the cost of paying it, and they have a business to run.

If you don't have legal expenses cover, you should write to your employer a letter asking to be paid your wages. You need to give them a reasonable time to pay the wages but this would usually be two to three weeks and no more. Then visit the ACAS website and read up on the Early Concilliation process.  

Undervalued

Dodgysailor said:

Dear all,

I have been working 7 months for a training company as Quality Assurance Manager.
It is small business that has been recently formed. The thing is that I found another job and gave my notice period accordingly.
My employer was a bit bitter about it but I thought it was normal.
When I got my payslip this month he did not pay me the full wages and he is short in around £400, which is my holiday money. He is not answering emails about it and it is obvious that he is trying to take revenge.
My question would be, what steps do I need to take in order to get what is mine? 
Any advice would be grateful.
Thanks

Does your contract require you to use up any untaken holiday during your notice period? Some do.

If not and assuming you weren't told to use up some or all of your holiday then they are obliged to pay you for it. 

If you know exactly how many days are owing write a LBA (letter before action) politely but firmly requesting the money and saying if it is not paid by XXXX (say a date in about three weeks time) you will take legal action without further notice.

If it comes to that you can either use the small claims court (via Moneyclaim online) or you can file an employment tribunal claim. With the court route you will have to pay a fee up front but that will be added to the award assuming you win. With the ET route there is no fee but you must start any claim within three months of leaving. With the ET, ACAS will become involved and they will contact the employer in an attempt to resolve the matter without a tribunal hearing.

Dodgysailor

very useful stuff thanks! 

Thrugelmir

Why didn't you take the outstanding holiday leave before you left? 

Marvel1

Thrugelmir said:

Why didn't you take the outstanding holiday leave before you left? 

Why? The employer has not paid what they are due.

Dodgysailor

I did take some outstanding holidays but he needed me to stay for the rest of them to finish some work