Help with rather sticky situation

[Slowie]

Hi Everyone,

first of all, all help and advice will be greatly appreciated as there's a lot going on with this my situation.

so my fiancée works for a small local LTD company and has done for the past 3 years. on Wednesday the 17th September she was placed on suspension with full pay however she
- wasn't given a written letter to confirm this
- wasn't given a reason to why she was being suspended
- had her personal laptop taken off her (the company couldn't afford one so they asked her to use hers)

now on the 19th (friday) she hand delivered a letter to the company owner with a witness and a police officer (as a separate criminal charge is being brought against the company) which stated that she wished to discuss some grievances including the reasons for suspension and other things such as having no employment contract even though she requested it more than once.
from then she has played the waiting game to see if she
A. Gets her wages and
B. if the boss replies to the grievance

now I know that she has to wait 28 days from the start of the grievance which would place the date to get back or take it to a tribunal on the 18th of October however she also hasnt been paid her wages as of today (last day of the month). does this give her reason to claim constructive dismissal as the other employees got paid nearly a week ago and shes had no update about the suspension and no letter about the grievance.

My personal feeling is to drop off 3 letters tomorrow (on the 1st) which are for

1. grievance reminder as she is legally obliged to reply to
2. grievance about unfair suspension without updates
3. 100% unlawful deduction of wages to be paid within 7 days and with a letter explaining the reason for late wages.

then once the 28 days passes then log a complaint for constructive dismissal

I'm just looking to see what people make of the situation above and thanks for your time

[Johnboy007]

Re: Help with rather sticky situation

Hi,
The main thing at the start is to get her money.
Everything else will follow.
Now I'm not sure what the criminal charge is, that has been alleged against the company.
I assume it's to do with the computer.
A company does not have to give a reason for suspension on pay, but it does have to do certain things.
It must pay the contractual salary to the employee, and it must give any contractual obligations.
Letters to the company should be photocopied and sent by 'signed for post'. (also keep receipt from post office).
Any grievance should also be started in the same way, and should conform to recognised procedures.
If your wife doesn't have copies of the company's disciplinary and grievance procedures, she should request copies as a matter of urgency.
Below is the ACAS guide to disciplinary and grievance procedures, which companies are expected to follow.

First thing to get wages due......

FAO (name of senior manager) (name of company)
Dear Mr/Mrs (name of manager)
I have not received any wages for the period (date and date), for hours worked and for which are lawfully mine.
As you are aware the company are obliged, by legislation, to pay me any wages worked for on the date due.
This could have resulted as a result of a mistake by the company.
Could you therefore please give this your urgent attention, and pay me the money due.
Yours sincerely,
(name) (date)

This way, you have acknowledged that a mistake could have been made, but at the same time, reminding them of their lawful obligations.

Any other grievances should be dealt with as separate issues.
Grievances should be addressed to the company, and should be made in writing.
You should just state the facts of your grievance and try not to give them too much ammunition, or complicate them for yourself.
List your grievances and give a reasonable time for a reply.
Unless you have a copy of the company grievance procedure, which should state time limits, ten days should suffice.
It is very important that you stick to procedures, as you may lose out, if you stray from them.
By following this procedure, the company will be under pressure to also comply.
To get the lap-top back, you should write to the company senior manager stating the following.......

Dear Mr (name of senior manager),
I wish to make you aware that (name of company) is in possession of my personal computer, and of which I require to be returned to me, together with any of my personal data thus stored.
I understand that the company may need to check whether confidential data has been permanently deleted, and I am willing to give a reasonable time to the company for this to be done. Shall we say ten days?
Before deleting any data, I wish to be consulted as to the contents of the hard drive, as I do not wish to lose any personal data.
Yours sincerely,
(name and date)

Send this by signed for post.

Let us know how it goes.
JB