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Sarah W |
Ex Employer won't pay my week in hand!?
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Hi Everyone!
I am having some problems with my ex employer (which is a large, well known company). I left three weeks ago after two and a half years with the company, and had to chase up my last wage as I was owed for a few lieu days, holiday days and my week in hand. The girl who does the wages e-mailed me back with the details of when I would be paid and also said that the HR manager had decided that I wouldn't be paid my week in hand as he had no record of it. She also said that if I had any questions about that I should contact the HR manager directly. So I e-mailed him, explaining that I was happy to provide bank statements as proof if required, but that as it was policy that all employees worked a week in hand I couldn't really understand why he thought that I didn't. That was over ten days ago now, I've e-mailed him a few more times chasing up an answer but I still haven't received a reply. I really don't know what to do next, does anyone have any advice as to the next step?
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beachchick08
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If he won't pay you, then you may need to talk to a lawyer about what you need to do, b/c you may need to take it to court. If they owe you the money, then they need to give it to you.
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keith e
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you could talk to the DSS or the CAB for advice they will tell you your rights .
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gail
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Not amused is giving you the best advice in this case... but you must make sure that all your records are accurate and you can prove what you are claiming.
Make your enquiries about how to do this at your local county court and send one last e mail to your employer asking for the amount you claim you are owed, your evidence why and state that to prevent you from taking this matter to a small claims court you expect a response within two weeks. If you don't get your response take it all the way through small claims.
An employment tribunal is a lengthy process and could cost you more that you could hope to obtain for an unlawful deduction of earnings.
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notamused
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Sorry but the advice so far is worthless. A lawyer would cost to much and CAB could only tell you to do what you have already done. If I was in your shoes I would scare the pants off this manager and he would pay up right away. I would go to the small claims court and make out a claim for the wages in dispute. Just remember if you are in the right and you did work a week in hand YOU CANT LOSE full stop. The moment he recieves that summons he will be on the phone to you like a shot to beg you to withdraw the summons and state that he will pay up, but under the court rules he cant do that because you cant withdraw the summons untill the debt is paid. If it goes to court his firm will have a court injunction against it which will be very damaging for his company because it will prevent them obtaining any loans in the furure which may be vital for the firms survival. Ps make sure you take out the summons against the COMPANY not the manager.
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pocketdragon
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talk to a solicitor that does employment law take copies of the emails that u have sent and received to the said company it is all in ur favour then.
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jeanimus
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Go to the CAB with a copy of all your documents and they will help you apply to a tribunal for your pay.
However first you need to make sure it is a week in hand. If it is then when you started there, you would not have been paid for the first week, but would have got the second weeks wage at the end of the second week. If you got the first weeks wage at the end of the second week, then youve not worked a week in hand, youre just paid in arrears. So anything due would be your wage up to the day you left.
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KJ
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As another answerer suggests, double check all your documentation (i.e. statement of terms, pay slips, etc), then call ACAS 08457 474747 for advice.
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