Employers duty of care question

Ezio2025

LightFlare said:

Ezio2025 said:

Savvy_Sue said:

Do you have that in writing? Letter Before Action then Small Claims Court if you do. 

Yes I have it in writing 

I got it confirmed twice because at first the HR person said 44 hours will be £xx paid &
55 hours holiday would be £xx paid 

when I read the will be would be part I thought clearly that was yet another attempt at trying to mislead me so asked to confirm the amounts stated WILL be paid on the 24th 

Did they ever respond or reply to this point ?

I think you are jumping the gun a little bit.

Pay owed for work done is relatively easy for payroll to calculate

Pay owed for unused annual leave is a touch more complicated. It will involve checking and double checking the figures before payment is made.

Are YOU sure the 55 hours is correct ?
When did your leave year start/finish ?
What was your annual leave entitlement?
How many days leave did you use before leaving?

They may have said in “writing that you are owed 55hrs - but that may change. Nothing they have said (I think) could be classed as legally binding

Jumping the gun?…

a full week after receiving my final pay & P45?

😂

Savvy_Sue

Ezio2025 said:

The total gross & year to date match on P45 & final payslips. 

So from the information I’ve received here and what I’ve researched myself online the way that I’m gonna proceed with this is -

I have the LBA typed and ready to send. 

If no response is received from the LBA -

The procedure is contacting ACAS for an early conciliation and then filing an employment tribunal claim. 

Don't bother with ACAS. If you're sure the money is owed (check as advised by others), send the LBA. That will have 3 possible results:

1. They pay the money.

2. They dispute the amount of holiday pay owed / explain how it's already been paid.

3. They don't respond within the timescale.

If 3, you do what your LBA says you'll do. You go to the Small Claims Court or whatever it's called now, asking the court to order the money to be paid. ACAS can't do that, and now you're in a new job no-one will care what they say. Conciliation is no use to anyone, you've left that job. 

It's not a process I've ever had to use. Please don't make me Google it to tell you what your LBA should be saying and what you do if it's ignored. 

LightFlare

Ezio2025 said:

LightFlare said:

Ezio2025 said:

Savvy_Sue said:

Do you have that in writing? Letter Before Action then Small Claims Court if you do. 

Yes I have it in writing 

I got it confirmed twice because at first the HR person said 44 hours will be £xx paid &
55 hours holiday would be £xx paid 

when I read the will be would be part I thought clearly that was yet another attempt at trying to mislead me so asked to confirm the amounts stated WILL be paid on the 24th 

Did they ever respond or reply to this point ?

I think you are jumping the gun a little bit.

Pay owed for work done is relatively easy for payroll to calculate

Pay owed for unused annual leave is a touch more complicated. It will involve checking and double checking the figures before payment is made.

Are YOU sure the 55 hours is correct ?
When did your leave year start/finish ?
What was your annual leave entitlement?
How many days leave did you use before leaving?

They may have said in “writing that you are owed 55hrs - but that may change. Nothing they have said (I think) could be classed as legally binding

Jumping the gun?…

a full week after receiving my final pay & P45?

😂

Yes - id be surprised if payroll were even staffed over XMas and whoever needs to check/confirm the amount of days may be on leave.

Payroll Bob may have looked at the request for payment of 55 hours holiday and thought thats odd need to check with Manager Jennifer - who may be on leave

Plus - the request for additional payment may have missed Dec payroll cut off date

55 hours of unused leave is potentially a lot of money - I'm not surprised they may want to check and double check before handing over £100s

elsien

And for the sake of clarity SavvySue is talking about a small claims court claim not an employment triibunal.  They are not the same thing. So get it clear in your head what route do you want to take because they have different processes and timescales. 

Ezio2025

LightFlare said:

Ezio2025 said:

LightFlare said:

Ezio2025 said:

Savvy_Sue said:

Do you have that in writing? Letter Before Action then Small Claims Court if you do. 

Yes I have it in writing 

I got it confirmed twice because at first the HR person said 44 hours will be £xx paid &
55 hours holiday would be £xx paid 

when I read the will be would be part I thought clearly that was yet another attempt at trying to mislead me so asked to confirm the amounts stated WILL be paid on the 24th 

Did they ever respond or reply to this point ?

I think you are jumping the gun a little bit.

Pay owed for work done is relatively easy for payroll to calculate

Pay owed for unused annual leave is a touch more complicated. It will involve checking and double checking the figures before payment is made.

Are YOU sure the 55 hours is correct ?
When did your leave year start/finish ?
What was your annual leave entitlement?
How many days leave did you use before leaving?

They may have said in “writing that you are owed 55hrs - but that may change. Nothing they have said (I think) could be classed as legally binding

Jumping the gun?…

a full week after receiving my final pay & P45?

😂

Yes - id be surprised if payroll were even staffed over XMas and whoever needs to check/confirm the amount of days may be on leave.

Payroll Bob may have looked at the request for payment of 55 hours holiday and thought thats odd need to check with Manager Jennifer - who may be on leave

Plus - the request for additional payment may have missed Dec payroll cut off date

55 hours of unused leave is potentially a lot of money - I'm not surprised they may want to check and double check before handing over £100s

Oh yeah I get that it would need checking & the person to check it would be on leave but the confirmation I got that I’d receive the 55 hours was on the 8th…so I just assumed it had already been run by payroll / management. Seeing as I didn’t receive notice it wasn’t getting paid I just assumed it was. Turns out it DIDDN’T get paid as little Christmas surprise 😅

Ezio2025

elsien said:

And for the sake of clarity SavvySue is talking about a small claims court claim not an employment triibunal.  They are not the same thing. So get it clear in your head what route do you want to take because they have different processes and timescales. 

Yes I’ve looked into which would be more appropriate & from what I’ve read a tribunal would be more suitable for this kind of thing

Marcon

Ezio2025 said:

Savvy_Sue said:

Do you have that in writing? Letter Before Action then Small Claims Court if you do. 

Could you point me i the right direction with regard to the next steps please? 

I’ve sent multiple emails asking when I’ll receive the missing payment. 

HR Department & Payroll Department are just ignoring me. 

I have the emails showing the amount & date that was agreed - so should I contact like a solicitor? 

I’m really lost & you’ve been really helpful so far I hope you don’t mind 

Assuming you can't afford pay for legal advice, then a free law clinic is likely to be a better bet than continuing to post here. You can send them the written stuff you have, which will enable them to give you a view based on a full picture of what has happened. Try https://www.lawworks.org.uk/legal-advice/individuals/kings-legal-clinic-0 which offers appointments via Teams. Or if you'd prefer to see if there is a clinic close enough to you for a face to face appointment, see https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

Savvy_Sue

Ezio2025 said:

elsien said:

And for the sake of clarity SavvySue is talking about a small claims court claim not an employment triibunal.  They are not the same thing. So get it clear in your head what route do you want to take because they have different processes and timescales. 

Yes I’ve looked into which would be more appropriate & from what I’ve read a tribunal would be more suitable for this kind of thing

With respect, I think you're wrong. And elsien agrees with me, and that's someone I usually agree with on these matters. 

It's definitely NOT an employment tribunal you want. Your employment has ended, your previous employer does not care about you.

What they MAY care about is a court order telling them they owe you £x, and that if they don't pay, bailiffs may be instructed. And that won't happen in any tribunal I'm aware of.

Sigh. I'll try to Google small claims later.

Ezio2025

Marcon said:

Ezio2025 said:

Savvy_Sue said:

Do you have that in writing? Letter Before Action then Small Claims Court if you do. 

Could you point me i the right direction with regard to the next steps please? 

I’ve sent multiple emails asking when I’ll receive the missing payment. 

HR Department & Payroll Department are just ignoring me. 

I have the emails showing the amount & date that was agreed - so should I contact like a solicitor? 

I’m really lost & you’ve been really helpful so far I hope you don’t mind 

Assuming you can't afford pay for legal advice, then a free law clinic is likely to be a better bet than continuing to post here. You can send them the written stuff you have, which will enable them to give you a view based on a full picture of what has happened. Try https://www.lawworks.org.uk/legal-advice/individuals/kings-legal-clinic-0 which offers appointments via Teams. Or if you'd prefer to see if there is a clinic close enough to you for a face to face appointment, see https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

This is great thank you 

Ezio2025

Savvy_Sue said:

Ezio2025 said:

elsien said:

And for the sake of clarity SavvySue is talking about a small claims court claim not an employment triibunal.  They are not the same thing. So get it clear in your head what route do you want to take because they have different processes and timescales. 

Yes I’ve looked into which would be more appropriate & from what I’ve read a tribunal would be more suitable for this kind of thing

With respect, I think you're wrong. And elsien agrees with me, and that's someone I usually agree with on these matters. 

It's definitely NOT an employment tribunal you want. Your employment has ended, your previous employer does not care about you.

What they MAY care about is a court order telling them they owe you £x, and that if they don't pay, bailiffs may be instructed. And that won't happen in any tribunal I'm aware of.

Sigh. I'll try to Google small claims later.

Okay thank you