Need some help, please

[kd2207]

First of all Hi

I had a fixed term contract in October 2013 which lasted for 6 months which was eventually extended by a month up until the end of May 2014. As my contract was due to end I applied for 2 new fixed term positions and got a new fixed term contract in another City. My first contract was due to end at the end of May but my new employer stated that they wanted me to start early as they were severely understaffed which I agreed to.

A couple of days after I moved to my new post I received a new contract for 6 months but the dates were wrong. The new contract ran from the 1st May 2014 instead of the 1st June 2014. I notified my Operational Delivery Manager that the contract was wrong and he stated "Leave it with me, I'll deal with it". At this time I refused to sign and return the contract.

Every piece of paperwork, P45, employment offers, pension letters have the correct date on since so I assumed it had been corrected.

Midway through June I received an email stating that I still hadn't signed the contract (It was still wrong). I notified my line manager and ODM again.

At the end of June I checked my bank statement and I had no pay. I rang our payroll section who stated that I had not been paid because I had not signed the contract. I informed them that I had not signed it because it was incorrect. They replied that if I signed it they would handle any amendments later. I told them that I was being bullied into signing it and a contract is legal and binding and should be correct when I sign it. Again, they said unless I sign it I won't get paid. They also stated that had no record of me on payroll!

As I'm in a very fragile financial position (I have debts and Creditor agreements) I signed the agreement but said in writing that I was signing it under duress and felt that I had been bullied into signing it, but was signing it in good faith that it would be amended. I also reiterated my position that contracts were legal and binding and should be correct when signed. I scanned and emailed them a copy and sent the hard copy by post. They refused the scanned copy and said they hadn't received the hard copy so I sent it again (1st week of July).

My ODM stated that I would get an emergency payment within 1-3 days on the 4th July 2014. This did not happen. I finally received a payment of £900 on the 14th, 2 weeks overdue! I should have been paid £1100 so I'm £200 short. I'm currently trying to find out why they have underpaid me, I'm guessing they have put me on a temporary Tax Code but I've been continuously employed since October 2013.

The upshot is, due to the fact they paid me late and since underpaid me I haven't attended work since 5th July 2014. I owe £800 to a relative which will come out of the payment they have sent me and after imminent bills will leave me with about £50 for this weeks shopping etc. I just don't have the money to travel due to the underpayment.

I'm wondering if I have a case for Constructive Dismissal due to the underpayment. My problem is I have a disability (long term health condition) which has been severely affected by all this merry-go-round culminating in me collapsing last Sunday and severely bruising my chest. My employers know of my health condition and my financial position but made no contact to me for over a week basically leaving me on my own to deal with the fallout.

I am not in a union due to me being on a fixed term contract. My employer is a civil service company.

I really don't want to go back to them to work due to the way they have treated me but I can't resign due to my financial position.

Honestly, I feel trapped Any advice?

[stowsettler]

Re: Need some help, please

To be honest I don't know what you have to gain by not just writing this off as a bad job. They shouldn't have not paid you (then underpaid you) and, provided you can correctly calculate what your are owed, you could threaten the small claims court to get that money paid.

However if you haven't been in work for nearly a fortnight, it wouldn't surprise me if they have just assumed that you've walked. It's what I would assume and in reality it means that you need to be looking for another job.

[kd2207]

Re: Need some help, please

But I can't just walk away. I have debts as I have said. If I walk away I can't claim any benefits. It took 7 years to find an employer who would look past my disability and take me on. My employers are in contact with me, it's just that progress has ground to a halt. They have now recommended that I ask a Civil Service charity for help.

[FlamingParrot]

Re: Need some help, please

First of all Hi

Hi and welcome

A couple of days after I moved to my new post I received a new contract for 6 months but the dates were wrong. The new contract ran from the 1st May 2014 instead of the 1st June 2014. I notified my Operational Delivery Manager that the contract was wrong and he stated "Leave it with me, I'll deal with it". At this time I refused to sign and return the contract.

Every piece of paperwork, P45, employment offers, pension letters have the correct date on since so I assumed it had been corrected.

Did you actually work for this company during the month of May or did you start in June? More importantly, did it end at the right time, i.e. 6 months starting on June 1st would run till end of November.

Midway through June I received an email stating that I still hadn't signed the contract (It was still wrong). I notified my line manager and ODM again.

At the end of June I checked my bank statement and I had no pay. I rang our payroll section who stated that I had not been paid because I had not signed the contract. I informed them that I had not signed it because it was incorrect. They replied that if I signed it they would handle any amendments later. I told them that I was being bullied into signing it and a contract is legal and binding and should be correct when I sign it. Again, they said unless I sign it I won't get paid. They also stated that had no record of me on payroll

As I'm in a very fragile financial position (I have debts and Creditor agreements) I signed the agreement but said in writing that I was signing it under duress and felt that I had been bullied into signing it, but was signing it in good faith that it would be amended. I also reiterated my position that contracts were legal and binding and should be correct when signed. I scanned and emailed them a copy and sent the hard copy by post. They refused the scanned copy and said they hadn't received the hard copy so I sent it again (1st week of July).

I would have been tempted to sign it and amend it myself, i.e. cross out the incorrect date and write in the correct one. Not to start with, but once things got to the stage where they neither corrected it, nor paid you.

My ODM stated that I would get an emergency payment within 1-3 days on the 4th July 2014. This did not happen. I finally received a payment of £900 on the 14th, 2 weeks overdue! I should have been paid £1100 so I'm £200 short. I'm currently trying to find out why they have underpaid me, I'm guessing they have put me on a temporary Tax Code but I've been continuously employed since October 2013.

The amount of deductions and your tax code would be on your payslip.

[FlamingParrot]

Re: Need some help, please

The upshot is, due to the fact they paid me late and since underpaid me I haven't attended work since 5th July 2014.

:scared: :scared: :scared: Unjustified absence for such a long period of time can easily lead to dismissal!

Whilst you are right to argue about the underpayment, that doesn't give you a reason to be absent from work.

I owe £800 to a relative which will come out of the payment they have sent me and after imminent bills will leave me with about £50 for this weeks shopping etc. I just don't have the money to travel due to the underpayment.

Losing your job as a result of your absence will only leave you with even less money. I can't tell you what to do but you could make a part payment to your relative, saying you'll give them the rest as soon as you sort out your job situation.

I'm wondering if I have a case for Constructive Dismissal due to the underpayment.

Sadly, that wouldn't be the case.

First of all, you'd need to have been with your employer for at least 2 years to claim unfair dismissal. Constructive dismissal is just a form of unfair dismissal, where the employee has no option but to resign due to the employer's conduct. It is a much misunderstood avenue, with a very low success rate at the Employment Tribunal, even for those who have been with their employers over two years.

My problem is I have a disability (long term health condition) which has been severely affected by all this merry-go-round culminating in me collapsing last Sunday and severely bruising my chest. My employers know of my health condition and my financial position but made no contact to me for over a week basically leaving me on my own to deal with the fallout.

It is up to you to communicate with your employers and inform them of your situation. Have you got a note from your doctor that you could use to justify the prolonged absence?

I am not in a union due to me being on a fixed term contract. My employer is a civil service company.

I really don't want to go back to them to work due to the way they have treated me but I can't resign due to my financial position.

Honestly, I feel trapped Any advice?

There are lots of people in that very same position, and, under the circumstances, the only option would really be to go back and start looking for something else.

[FlamingParrot]

Re: Need some help, please

But I can't just walk away. I have debts as I have said.

Although not directly connected to your immediate employment matter, here on LB we have quite a lot of experience when it comes to debt matters. When you have a moment, maybe you could post a new thread in the debt area of the forum and tell us a bit about your debts. :typing:

[kd2207]

Re: Need some help, please

Hi and welcome

1 Did you actually work for this company during the month of May or did you start in June? More importantly, did it end at the right time, i.e. 6 months starting on June 1st would run till end of November.

2 I would have been tempted to sign it and amend it myself, i.e. cross out the incorrect date and write in the correct one. Not to start with, but once things got to the stage where they neither corrected it, nor paid you.

3 The amount of deductions and your tax code would be on your payslip.

Hi and thank you for your reply

1 Yes I worked for them in May, I was transferred early. The 2nd contract should have run from June 1st til then end of November but the contract stated May 1st til the end of October.

2 I didn't have that option at the time. I only had the money offer from a relative afterwards.

3 They still haven't sent me a payslip, though I am in the process of requesting one.

[kd2207]

Re: Need some help, please

[QUOTE=FlamingParrot;452500]:scared: :scared: :scared: Unjustified absence for such a long period of time can easily lead to dismissal!

Whilst you are right to argue about the underpayment, that doesn't give you a reason to be absent from work.

Losing your job as a result of your absence will only leave you with even less money. I can't tell you what to do but you could make a part payment to your relative, saying you'll give them the rest as soon as you sort out your job situation.

I'm wondering if I have a case for Constructive Dismissal due to the underpayment.{/QUOTE]Sadly, that wouldn't be the case.

First of all, you'd need to have been with your employer for at least 2 years to claim unfair dismissal. Constructive dismissal is just a form of unfair dismissal, where the employee has no option but to resign due to the employer's conduct. It is a much misunderstood avenue, with a very low success rate at the Employment Tribunal, even for those who have been with their employers over two years.

It is up to you to communicate with your employers and inform them of your situation. Have you got a note from your doctor that you could use to justify the prolonged absence?

There are lots of people in that very same position, and, under the circumstances, the only option would really be to go back and start looking for something else.

Giving a part payment back isn't an option, I have to return it by this weekend I have no other funds to travel to work. Losing the job looks like it's the only solution, I can renegotiate my debts (I've been doing it for 7 years). I have informed my employers of the situation and they agreed to make a case for special leave but once they made the reduced payment they seemed to have washed their hands of it. Contacting the charity is an option but it's going to take time I'm guessing, I'll check on that tomorrow. Thanks for informing me on the Constructive dismissal thing, I didn't know that.

[kd2207]

Re: Need some help, please

Although not directly connected to your immediate employment matter, here on LB we have quite a lot of experience when it comes to debt matters. When you have a moment, maybe you could post a new thread in the debt area of the forum and tell us a bit about your debts. :typing:

I have worked for the CAB so I'm quite cluey (Is that even a word?) on debt thanks to the CC Act

[Johnboy007]

Re: Need some help, please

A contract does not necessarily have to be in writing.
If your company requested that you carry out work for them, and you can show absolute proof that you did indeed do so.
Then your company have a lawful obligation to pay you the rate that was agreed, for the actual hours that you worked.

Employers Duty.

Issuing pay statements

By law, every pay period you must give your employee a record of pay and deductions, including:

• 'gross pay' - before the deduction of tax or National Insurance contributions (NICs) and any other deductions
• employee's Class 1 NICs deducted
• tax deducted

Depending on the employee's circumstances you may also need to include other payments and deductions on their payslip.
At the end of each tax year you must also give each employee who was working for you on the last day of the tax year a form P60 end-of-year certificate. Form P60 provides a summary of the employee's total pay and tax/NICs deductions for the year. You must give this to your employee by 31 May.


PAYE and NICs deductions

As an employer you must operate the PAYE system if your employee earns above a certain amount, or meets certain other conditions. You also pay NICs on the earnings you provide to employees earning above a certain threshold. Earnings include not only cash amounts, but other benefits such as company cars. More information can be found in the guides 'PAYE for employers - the basics' and 'National Insurance for employers - the basics'. You'll find links at the end of this section.
In summary, operating PAYE involves:

• calculating and deducting PAYE Income Tax from an employee's pay
• deducting employee's primary Class 1 NICs from payments of earnings you make to your employees
• paying employer's secondary Class 1 NICs on those earnings to HMRC
• recording the above deductions on the employee's payroll record
• showing the deductions of tax and employee Class 1 NICs as separate items on the employee's payslip
• reporting PAYE information to HMRC on or before each payday, using payroll software to send this information electronically as part of your routine payroll process.

So you see, there are rules that your company MUST follow.
Your employer isn’t allowed to make deductions unless:

• it’s required or allowed by law, eg National Insurance, income tax or student loan repayments
• you agree in writing
• your contract says they can
• there’s a statutory payment due to a public authority
• you haven’t worked due to taking part in a strike or industrial action
• there’s been an earlier overpayment of wages or expenses
• it’s a result of a court order

A deduction can’t reduce your pay below the National Minimum Wage rate, even if you’ve agreed to it.


If you haven’t been paid in full

Speak to your employer first to try to sort the problem informally.
If this doesn’t work, talk to Acas (Advisory, Conciliation and Arbitration Service), Citizens Advice or your trade union representative.
You have the right to go to an Employment Tribunal to get your money.
A.C.A.S Contact information.

• Use Helpline Online to ask a question.
• You can also call an Acas helpline adviser on 0300 123 1100 (8am-8pm Monday to Friday and 9am-1pm Saturday).

[kd2207]

Re: Need some help, please

Just to keep you updated, I have given ACAS all the relevant information (There is some that I didn't want on an open public forum). They have stated that I have a clear case for breach of contract. Although I didn't state in an email to my employers that I was raising a grievance, the email I sent to them was in effect the grievance case, basically it was outlining all the things I believed were incorrect and how they affected me getting to work. I am now trying to arrange an appointment with a Employment Solicitor via the CAB to see where I go from here. I have a clear case for breach of contract, I just need to find out how strong it is. I have a feeling I will have to pursue it via the small claims court or something. I will keep you all updated as to my progress.

[Johnboy007]

Re: Need some help, please

Just to keep you updated, I have given ACAS all the relevant information (There is some that I didn't want on an open public forum). They have stated that I have a clear case for breach of contract. Although I didn't state in an email to my employers that I was raising a grievance, the email I sent to them was in effect the grievance case, basically it was outlining all the things I believed were incorrect and how they affected me getting to work. I am now trying to arrange an appointment with a Employment Solicitor via the CAB to see where I go from here. I have a clear case for breach of contract, I just need to find out how strong it is. I have a feeling I will have to pursue it via the small claims court or something. I will keep you all updated as to my progress.

Good on you mate.........:tinysmile_grin_t: