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Underpaid salary & Redundancy Threat
brella
Posts: 6 Forumite
Tried to find appropriate forum to post, hope this is the right one. Hoping for advice because I cannot access my local CAB during their opening hours (because of work and lack of holidays).
I have been pursuing underpayment of salary for over 7 months. I have been trying to do this informally directly with my line manager, who is also the MD.
I discovered I was not being paid the salary agreed after approx 6 months (dont ask why it took me so long to realise this). I also should have received a rise at 6 months but this never happened. It took weeks of asking for a meeting with my boss before I finally got an answer and he said he could not afford the pay rise but would speak to his accountant about sorting out the underpayment (because there would be 'tax' issues) and would have my salary adjusted.
My salary was adjusted (8 months after my start date) but I have still not received what I was underpaid for those 8 months despite numerous emails and verbal requests. My boss never replies to my emails and when I approach him face to face he behaves as if its the first time I've asked then tells me to 'come back tomorrow/next week' or says 'I'll speak to my accountant tomorrow'.
Finally, today, after explaining I would need to put in a formal grievance if it wasn't resolved my MD said he would give me £800 and that was his final offer. As that is only 50% of what I am owed I refused and said I would be continuing with the grievance. Ten minutes later I was summoned to his office where the sales director (no connection to my role) was also present. The MD was very aggressive and told me if I didn't accept the £800 I would be made redundant. I tried to discuss it professionally but he just kept shouting me down saying he wasn't going to argue and that was final. He denied that I had been sent a contract stating my salary saying 'it must be a mistake'.
I'm not in a position to take redundancy so have been forced to accept the £800. I'm not sure how to handle this now. I love my work but have no respect for my employer. I feel like I've been bullied and taken advantage of and want to leave desperately.
If I looked for another job and keep my head down until I hand in my notice will I be able to take him to a tribunal or will it be too late? I feel physically sick at the thought of going back to work tomorrow but hell will have to freeze over before I break my 100% attendance record
Any advice appreciated.
I have been pursuing underpayment of salary for over 7 months. I have been trying to do this informally directly with my line manager, who is also the MD.
I discovered I was not being paid the salary agreed after approx 6 months (dont ask why it took me so long to realise this). I also should have received a rise at 6 months but this never happened. It took weeks of asking for a meeting with my boss before I finally got an answer and he said he could not afford the pay rise but would speak to his accountant about sorting out the underpayment (because there would be 'tax' issues) and would have my salary adjusted.
My salary was adjusted (8 months after my start date) but I have still not received what I was underpaid for those 8 months despite numerous emails and verbal requests. My boss never replies to my emails and when I approach him face to face he behaves as if its the first time I've asked then tells me to 'come back tomorrow/next week' or says 'I'll speak to my accountant tomorrow'.
Finally, today, after explaining I would need to put in a formal grievance if it wasn't resolved my MD said he would give me £800 and that was his final offer. As that is only 50% of what I am owed I refused and said I would be continuing with the grievance. Ten minutes later I was summoned to his office where the sales director (no connection to my role) was also present. The MD was very aggressive and told me if I didn't accept the £800 I would be made redundant. I tried to discuss it professionally but he just kept shouting me down saying he wasn't going to argue and that was final. He denied that I had been sent a contract stating my salary saying 'it must be a mistake'.
I'm not in a position to take redundancy so have been forced to accept the £800. I'm not sure how to handle this now. I love my work but have no respect for my employer. I feel like I've been bullied and taken advantage of and want to leave desperately.
If I looked for another job and keep my head down until I hand in my notice will I be able to take him to a tribunal or will it be too late? I feel physically sick at the thought of going back to work tomorrow but hell will have to freeze over before I break my 100% attendance record
Any advice appreciated.
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Comments
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OP when did you start at this job?We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0
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hello, i started in November 2012.0
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I'm not sure why the question was relevant because underpayment of salary claims apply from day one - they are breach of contract. Apart from the fact that they can sack you for pretty much any reason they want for two years, but honestly, I'm afraid it sounds rather like that is coming sooner or later anyway, for one reason or another - if they cant afford staff pay they are unlikely to see out the next year!
But honestly no, you can't come back later for a second bite of the cherry. You had a valid grievance for breach of contract. You accepted the settlement of that which was offered. So you settled the breach. "Forced" doesn't come into it I am afraid - you agreed a settlement of the breach.
I'd suggest you stick your head down, play nice, find another job as quickly as possible, and move on with the lesson learned that next time you will check your salary payments.0 -
hi marbelle01. thanks for your reply. Please can i ask, are you a solicitor or employment advisor?
it's just that pretty much everything you have said is the opposite of everything i've read on rights of employees recently.0 -
No neither - but managed a lot of employees. It is no longer about the fact that they owed you the money - they did. It is about the fact that you settled. You shouldn't have done that if you wanted to pursue the claim for the money. If you want some legal advice you can ask at the Redundancy Forum, where there is a lawyer who used to post here but left.0
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Thanks marybelle01 i will do that.
I was under the impression that employers have to follow grievance procedures but he didnt give me any notice of the meeting nor was i given opportunity to bring someone with me. I also understood that 'threat of redundancy' could not be used in those situations. I was literally told to decide there and then - accept 50% of money owed or lose my job.
There is nobody else in the company with my skills and it would be quite a problem if I was to leave suddenly. The company is not poor or struggling. It is a national company in the security industry with major banks and hotels among its main customers. He splashes the cash and spends it on silly projects against the advice of specialists (such as myself). He likes to play games and push people as far as he can until they break. He does not like to be challenged on anything and would literally chew his nose off to spite his face.
And yes, I am looking for a new job. But i do not intend to go quietly. I'm the latest in a line of female employees he bullies.0 -
I also understood that 'threat of redundancy' could not be used in those situations..
I don't think you quite get it. It isn't a threat, it's a promise. you have less than two years employment. Redundancy doesn't come into it. He can sack you. For pretty much any reason he wants. And since he's said he will do so, then you may be indispensable, but he obviously doesn't think so. You had a choice to stick to your guns or not. It may be Hobson's Choice, but it's a choice. You chose to settle. You could have gone for the whole lot. But he'd have sacked you and there wouldn't have been anything you could do about it. You can't claim unfair dismissal. And he obviously knows it.0 -
marybelle01 wrote: »I don't think you quite get it. It isn't a threat, it's a promise. you have less than two years employment. Redundancy doesn't come into it. He can sack you. For pretty much any reason he wants.
Well, obviously I don't quite get it or I wouldn't have come on here seeking advice!
However I believe you are incorrect with regards to rights of employees with less than 2 years service. There are several resources that describe the common misconception regarding sacking of employees with under 2 years service. One such resource is by Morton Fraser Solicitors (I cant post the link but its entitled 'Dismissing Employees With Less Than Two Years' Service")
"The basic rule is that an employee who started work with their employer on or after 6 April 2012 requires two years' service in order to bring an ordinary unfair dismissal claim. Anyone who started employment prior to that date requires only one year's service in order to bring such a claim."
Exceptions:
"Has the individual asserted a statutory right?
Where an individual asserts a relevant statutory right, or raises a claim to enforce a relevant statutory right, they are protected against dismissal on that basis. The relevant legislation identifies the various statutory rights which are captured by this exception. These include asserting rights under the Working Time Regulations (such as the right to statutory holiday or rest breaks), rights conferred under the Transfer of Undertaking (Protection of Employment) Regulations 2006 and asserting that an unlawful deduction from pay has been made. If such a right has been asserted, and dismissal is for that reason, then the dismissal will be unfair irrespective of length of service. "
In any case I have realised it was a mistake to ask for such advice on a free public forum. I really need advice from a legal professional.0 -
Well, obviously I don't quite get it or I wouldn't have come on here seeking advice!
However I believe you are incorrect with regards to rights of employees with less than 2 years service....
Exceptions:
"Has the individual asserted a statutory right?
Where an individual asserts a relevant statutory right, or raises a claim to enforce a relevant statutory right, they are protected against dismissal on that basis.
The problem is that the employer can still dismiss you and make up any another reason for the sacking. You would have to convince a tribunal that the dismissal was because you asserted a statutory right.0 -
Two4Tuesday wrote: »The problem is that the employer can still dismiss you and make up any another reason for the sacking. You would have to convince a tribunal that the dismissal was because you asserted a statutory right.
A statutory right which the OP settled in front of a witness (the sales director) for £800, with the witness being very likely to uphold this (true) version of events in any court of law. I have pointed this out twice now and the OP keeps ignoring it - they settled the underpayment. So the statutory right has been fulfilled by agreement.0
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