Employers duty of care question

Savvy_Sue

Right, I've googled, and I can see that

 https://www.citizensadvice.org.uk/work/pay/getting-paid-when-you-leave-a-job-rights/

does suggest you go to ACAS for early reconciliation.

However, since you know how much you're claiming, this seems unnecessary and WILL cause delay.

Marcon said:

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

Marcon's advice is very sound (as I'd expect). I may be wrong: you may be required to go through ACAS to submit a court claim. I'm also aware that the LBA must correctly name the entity you're claiming against - I know people sometimes run into problems when claiming against a tradesperson without knowing whether they are a sole trader or Ltd Co. With an employer this should be straightforward: your payslip and P45 should identify them correctly. 

Get some advice.

Ezio2025

Just an update…received an email this morning. 

The payment is being made on Monday. 

Thanks everyone who commented & gave advice!

itsthelittlethings

Ezio2025 said:

Just an update…received an email this morning. 

The payment is being made on Monday. 

Thanks everyone who commented & gave advice!

Great news.

Savvy_Sue

Ezio2025 said:

Just an update…received an email this morning. 

The payment is being made on Monday. 

Thanks everyone who commented & gave advice!

Excellent. Before you panic, the payment WILL be taxed at BR - 20% I believe - and you WON'T get a new P45, but you should get a payslip. Hang onto that so that you can check at the end of the year whether your total tax is about right / too much / too little. 

LightFlare

Ezio2025 said:

Just an update…received an email this morning. 

The payment is being made on Monday. 

Thanks everyone who commented & gave advice!

So considerations of court action were jumping the gun somewhat as I suspected - especially given the time of year.

Glad it’s all (hopefully) resolved 

Ezio2025

LightFlare said:

Ezio2025 said:

Just an update…received an email this morning. 

The payment is being made on Monday. 

Thanks everyone who commented & gave advice!

So considerations of court action were jumping the gun somewhat as I suspected - especially given the time of year.

Glad it’s all (hopefully) resolved 

No

It was the notice I gave that I’d be resorting to court action that got the response. 

Glad I did. 

Ezio2025

Savvy_Sue said:

Ezio2025 said:

Just an update…received an email this morning. 

The payment is being made on Monday. 

Thanks everyone who commented & gave advice!

Excellent. Before you panic, the payment WILL be taxed at BR - 20% I believe - and you WON'T get a new P45, but you should get a payslip. Hang onto that so that you can check at the end of the year whether your total tax is about right / too much / too little. 

Yeah they’ve advised the amount that will actually be paid with the deductions for Tax & NI taken off (-28%)
 so I’ve got the figure I’m expecting. 

Thanks again for your help! 

caprikid1

https://forums.moneysavingexpert.com/discussion/comment/81817282#Comment_81817282

Probably need now to consider your career aspirations and whether this company is likely to support them.

Ezio2025

https://forums.moneysavingexpert.com/discussion/comment/81905696#Comment_81905696

I left the company a month ago…after I secured a permanent position elsewhere