Update - ex employer not paying last wage - received a letter from them advice please

[catherinejxx]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

thank you bluebottle i sent the letter yesterday and i am checking every hour or so if it has been signed for.

will keep you all posted and hopefully will have some good news.

[teaboy2]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

I know its a bit late now you have already sent the letter, but it would have been better if you had actually put in the letter that your partner had paid for the items the day before left them in the freezer and forgot to take them home with him so put them in his bag the following day, same day they accused him of stealing them, to take home what he had in fact already paid for the previous day. That would have then forced the employer to proof otherwise. On a side note, do you have evidence he paid for the pies like a receipt or a witness statement from other employee that took payment for them?

As i stated in my previous post in the other thread, the employer failed to carry out any form of disciplinary procedure or to carry out a full investigation. This its self gives grounds to tribunal claim, though am uncertain, without reading more into it, if failure of disciplinary procedure amounts to automatic unfair dismissal or not, which i believe it does, so the 2 year eligibility would not apply. Though you would still have the fees to pay to take it to tribunal.

[bluebottle]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

thank you bluebottle i sent the letter yesterday and i am checking every hour or so if it has been signed for.

will keep you all posted and hopefully will have some good news.

Give it a couple of days from posting before checking. I suggest Thursday of this week. That will give Royal Mail time to sort, deliver and obtain a signature for the letter.

[catherinejxx]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Hi everyone,

Just a little update,

My partners ex employer phoned him at 9pm last night to ask him to come to a meeting on saturday @ 2pm which is what we asked for (they musn't of been that busy like they said!!)

They said he will recieve everything he has asked for at the meeting.

Is there anything in particular he should do or any guidelines as to what the meeting should be like i.e should someone takes notes of the meeting? will it be recorded?

thanks everyone i hope we are getting further down the road of sorting this out x

[Inca]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

If it were me I'd definitely take an independant witness...and a recording device...and a list of everything that happened from start to finish.

[charitynjw]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Hi catherinejxx,

To reiterate, this is 'wrongful' dismissal, as it concerns illegally withholding wages, etc.

Therefore you needn't worry about the 2-year requirement for 'unfair' dismissal, or the newly imposed fees in an Employment Tribunal case, as you can make your claim via your local County Court or MCOL.

You could also be eligible for court fee remission, though I believe you have to go to your local court for this.
http://www.justice.gov.uk/downloads/...eng-upto-6.pdf

[catherinejxx]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Hi everyone

Just got back from the meeting fair to say I am furious.


My partner was made to feel like crap, they wouldn't listen to anything,


They have paid him but Ł130 less than what he should of been they said he was only entitlement to 30 hours holiday but acas told me 55.


They did not provide anything we asked for except his payslip. They say they h e spoken to the police and the police have told them that the pictures of pies on managers phone were enough to prosecute him. They also said they had an outside witness but would not provide any details or a statement from them.


I also found out that they had contacted our neighbour a few weeks previous to tell them that my partner had stolen a chefs knife and admitted it also. I mentioned this in the meeting today and try denied saying this. I would class this as slander can anything be done?


The boss basically said three times take what they have given us because if they recurve any more correspondence from us they will take it further with the police. I know that what I have for holiday entitlement is correct but they have paid Ł130 less.


Do u think that we should just put it to bed or should we go further with this ?


I can't believe they have done this,we were made to feel so little the way they spoke to us etc. they have also told everyone who works there that he is a thief and has stolen numerous items but they do not have evidence. They said they don't have time to go through CCTV as there is 4000 hours of it. I asked them that surely because u know the time and date of alleged offence surely you could pull out that tape and get the so called evidence ?!


What do u all think we should do ?


Any help would be appreciated thank you xx

[charitynjw]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Have you got absolute, rock-solid proof of the hours/money owed?

[CleverClogs]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Just got back from the meeting fair to say I am furious.

That is unfortunate, as that appears to have been the intention of that alleged manager - infuriate the aggrieved party so much that they forget to raise matters or even become incoherent.

My partner was made to feel like crap, they wouldn't listen to anything,

That was all part of their game of Silly Buggers.

They have paid him but Ł130 less than what he should of been they said he was only entitlement to 30 hours holiday but acas told me 55.

And they haven't paid him a penny for having dismissed him at once rather than giving him notice?

They did not provide anything we asked for except his payslip. They say they have spoken to the police and the police have told them that the pictures of pies on managers phone were enough to prosecute him. They also said they had an outside witness but would not provide any details or a statement from them.

They are full of stercus bovi - and their pies might be the same!

All that the photograph proves is that the alleged manager took a photograph of pies in someone's bag. The pies could have been put there at any time by anyone, as there is no continuity of evidence.

I also found out that they had contacted our neighbour a few weeks previous to tell them that my partner had stolen a chefs knife and admitted it also. I mentioned this in the meeting today and try denied saying this. I would class this as slander can anything be done?

That is certainly slander and, as it is an accusation of a crime, it would not be necessary to prove damages.

Get a witness statement from your neighbour.

The boss basically said three times take what they have given us because if they receive any more correspondence from us they will take it further with the police.

Let them try that, as I rather doubt that the local woodentops have been contacted at all.

Using that threat does, however, sound rather like blackmail.

I can't believe they have done this,we were made to feel so little the way they spoke to us etc. they have also told everyone who works there that he is a thief and has stolen numerous items but they do not have evidence. They said they don't have time to go through CCTV as there is 4000 hours of it. I asked them that surely because u know the time and date of alleged offence surely you could pull out that tape and get the so called evidence ?!

Exactly.

He really is full of crap.

What do u all think we should do ?

Were it not for the fact that they appear to have none, one might suggest buttering the town with their brains.

Essentially, that so-called "manager" is a bully. He uses threats of getting the plods involved to reinforce his demands and to justify his questionable antics. He will only grudgingly respect someone who can hurt him, whether that is someone higher in the company, or a lawyer, or (possibly) a journalist.

[catherinejxx]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Have you got absolute, rock-solid proof of the hours/money owed?

We have proof of hours worked in total - and acas told us how to work the holiday entitlement when irregular hours are worked they said it was all hours worked during employment multiplied by 0.1207 mulitplied by 6.19 so that's how we worked it out acas confirmed it had been worked out correctly.

[catherinejxx]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Clever clogs you do make me chuckle so thank you !
Is a county claim still the way to go ? Or should we contact someone else?

You wit is appreciated at such a stressful time I wish we could butter their brains around the town so to speak lol.

My partner is thinking about going to plod and asking the crime ref number and giving a statement that way we will know if it has been reported or not. What do you think ?

They are awful people I don't know they are successfully running a business they have just won an award for best farm shop in the uk, they don't seem to have anything for employer of the year though lol!

[CleverClogs]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

My partner is thinking about going to plod and asking the crime ref number and giving a statement that way we will know if it has been reported or not. What do you think ?

That should certainly determine if the alleged crime has been reported although, as such a petty offence (if proved) would normally be punished by a fixed penalty or an official caution, I rather doubt it would have been recorded so late after the alleged event.

they have just won an award for best farm shop in the uk,

Really?

Who gave them that accolade?

[MissFM]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

They are awful people I don't know they are successfully running a business they have just won an award for best farm shop in the uk, they don't seem to have anything for employer of the year though lol!

They probably wouldn't enjoy exposure in the press as blackmailing, lying bullies.....

[bluebottle]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

That should certainly determine if the alleged crime has been reported although, as such a petty offence (if proved) would normally be punished by a fixed penalty or an official caution, I rather doubt it would have been recorded so late after the alleged event.


Really?

Who gave them that accolade?

Clearly, someone who needs to get out more or whose BS Detector is long overdue for its annual service.

[bluebottle]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

That is unfortunate, as that appears to have been the intention of that alleged manager - infuriate the aggrieved party so much that they forget to raise matters or even become incoherent.


That was all part of their game of Silly Buggers.


And they haven't paid him a penny for having dismissed him at once rather than giving him notice?


They are full of stercus bovi - and their pies might be the same!

All that the photograph proves is that the alleged manager took a photograph of pies in someone's bag. The pies could have been put there at any time by anyone, as there is no continuity of evidence.


That is certainly slander and, as it is an accusation of a crime, it would not be necessary to prove damages.

Get a witness statement from your neighbour.


Let them try that, as I rather doubt that the local woodentops have been contacted at all.

Using that threat does, however, sound rather like blackmail.


Exactly.

He really is full of crap.


Were it not for the fact that they appear to have none, one might suggest buttering the town with their brains.

Essentially, that so-called "manager" is a bully. He uses threats of getting the plods involved to reinforce his demands and to justify his questionable antics. He will only grudgingly respect someone who can hurt him, whether that is someone higher in the company, or a lawyer, or (possibly) a journalist.

I have to agree with everything you say, Cloggy. This manager has seriously crossed the line. Your advice to the OP to obtain a statement from the neighbour is spot-on.

I am doubtful whether any criminal liability can be attached to the employer, albeit that the employer is a beneficiary of the manager's misconduct, as it would need to be established that senior management knew of his actions, but did nothing to abate it or were actively advocating or encouraging it. However, it will, in all probability, be easier to attach civil liability to the employer as the employer is vicariously-liable for the manager's conduct due to the manager's conduct occurring during the course of his employment.

As for the manager, yes, he has, in all probability, committed a number of serious wrongdoings that may well land him in hot water, not only with the plods, but with the employer, also, especially if it results in them having to pay damages and suffer loss of reputation as an employer. However, it is the loss of reputation, commercially, that is likely to inflict the greatest damage to the employer's business. That, in itself, can do more damage, financially, than having an ET ruling go against you.