Pregnant and made redundant - HELP

[Amethyst]

Re: Pregnant and made redundant - HELP

I'd take it in and get a receipt, personally.

[RJH]

Re: Pregnant and made redundant - HELP

Totally forgot about the uniform, so i will make sure I send it tomorrow in order for them to receive it at work on the Monday.

Standard or signed-for?

[teaboy2]

Re: Pregnant and made redundant - HELP

Re; the uniform, if I do send it back it will be sent tomorrow but I am waiting to see if you both agree on not sending it for the reasons @teaboy2 states or whether to just send it back. Regardless of if it's sent back, they still won't have provided the June payslip.

If she didn't pay for the uniform then send it back, but when you get the company hand book have a look and see if it says anything about cost uniform being deducted if not returned.

[RJH]

Re: Pregnant and made redundant - HELP

Re; the uniform, if I do send it back it will be sent tomorrow but I am waiting to see if you both agree on not sending it for the reasons [MENTION=19071]teaboy2[/MENTION] states or whether to just send it back. Regardless of if it's sent back, they still won't have provided the June payslip.

[teaboy2]

Re: Pregnant and made redundant - HELP

My apologies, that was a typo - I did mean June.

I think you'd have a difficult time arguing negligence. It's so petty I don't think an ET would even take it into consideration. If the OP contacts the employer it will probably post it out. If not, then I would start quoting the ERA.

- Matt

Am not saying we should make a claim using that as something being claimed against the employer. I'm saying it can be mentioned in particulars, summary of events etc, i.e. make ET aware of it subtly even though the ET can not decide on it since it won't be something being claimed against the employer. We don't have to claim for every single breach of legislation or regulation, only the main ones, but to include every other breach in a subtle way adds strength to the overall claim by making ET aware of it having happened, therefore demonstrating the employers ignorance/negligence of law, or willingness to act in breach of it, or even showing unreasonable behavior, without having to claim for each breach!

[matt3942]

Re: Pregnant and made redundant - HELP

Its the June payslip they not been given!

And even if its an oversight, like the saying "ignorance is no defence when it comes to law" neither is negligence - The act clearly states it most be "given" on or before date your paid. Therefore its the employers responsibility to ensure an employee is given the payslip regardless as to how its given, either on or before the date an employee's paid. I know its only a minor point, but the more ammo the the better when and if this goes to tribunal!

My apologies, that was a typo - I did mean June.

I think you'd have a difficult time arguing negligence. It's so petty I don't think an ET would even take it into consideration. If the OP contacts the employer it will probably post it out. If not, then I would start quoting the ERA.

- Matt

[teaboy2]

Re: Pregnant and made redundant - HELP

Its the June payslip they not been given!

And even if its an oversight, like the saying "ignorance is no defence when it comes to law" neither is negligence - The act clearly states it most be "given" on or before date your paid. Therefore its the employers responsibility to ensure an employee is given the payslip regardless as to how its given, either on or before the date an employee's paid. I know its only a minor point, but the more ammo the the better when and if this goes to tribunal!

[matt3942]

Re: Pregnant and made redundant - HELP

If your OH wasn't paid for the 26th July I think this is more likely to be an oversight rather than a wilful attempt to unlawfully deduct monies.

As regards the July payslip, I wouldn't start turning to the ERA just yet. S. 8 simply says you have the right to be given a payslip - it doesn't clarify the manner in which it should be given. The likelihood is that the employer simply hasn't posted it out. I would contact them and ask for it to be posted, or arrange to collect it.

If you can then demonstrate that your OH wasn't paid for the 26th July, raise this with the employer and they will probably make arrangements to pay it.

As regards the uniform, I don't think this suggests the employer has determined the outcome of the appeal. 21 July was your OH's official last day - this won't change during the appeal process.

I would return the uniform and wait for the outcome of the appeal.

- Matt

[teaboy2]

Re: Pregnant and made redundant - HELP

Its hard to say at the moment how it was be seen at tribunal as it would depend on the out come of the grievance and any appeal.

They are in breach of section 8 ERA 1996 - The employer must give the employee an itemised payslip on or before the date the wages are paid! If your OH usually picked it up from the office but was not able to due to sickness, they should have posted it to her. So you need to be asking the employer where this pay slip is, pointing out they are in breach of the above legislation for failing to give her it, either by post of be delivering it themselves!

[RJH]

Re: Pregnant and made redundant - HELP

Had they definitely paid her for the 26th June? If you look back at her last payslip it should say the dates as to the pay period, check that payslip tallies up and if they hadn't paid her for the 26th then that would be an unauthorized deduction. Because if she wasn't paid previously for the 26th, and they then deducted £66 for the 26th under the assumption she was paid it as part of her last pay package, then they will have actually deducted an extra days pay that should not have been deducted - Basically deducted the amount twice!

I find it odd that given there is an appeal going on they have felt the need to withhold wages for the return of the uniform? (Clearly states the pay can not be sent til uniform returned, that sounds like her wages won't be paid till uniform returned) - maybe its a sign they have pre-decided the outcome of the appeal? Did she have to pay for the uniform or was it given to her for free? If she paid for it, then she doesn't have to return it and they should not be deducting anything from her wages!

If you can manage without her wages for a few days after the 28th July, then i would be tempted to not return the uniform just to see if they pay her wages in part or withhold the full amount, which would amount to an unauthorised deduction if they withheld her wages in full.

Hi [MENTION=19071]teaboy2[/MENTION] - she has been off sick for the past 4 weeks, and I the 26th was the first day off she had where she went to her doctors. She has never received her payslip for June (I just text her asking her to find the payslip and send it, and she is adamant she hasn't ever had that one).

Interesting point that you bring up too about them having already decided the outcome of the appeal as can be clearly interpreted from the letter - how will this stand in a tribunal considering that they haven't actually responded back to the grievance yet?

[teaboy2]

Re: Pregnant and made redundant - HELP

Had they definitely paid her for the 26th June? If you look back at her last payslip it should say the dates as to the pay period, check that payslip tallies up and if they hadn't paid her for the 26th then that would be an unauthorized deduction. Because if she wasn't paid previously for the 26th, and they then deducted £66 for the 26th under the assumption she was paid it as part of her last pay package, then they will have actually deducted an extra days pay that should not have been deducted - Basically deducted the amount twice!

I find it odd that given there is an appeal going on they have felt the need to withhold wages for the return of the uniform? (Clearly states the pay can not be sent til uniform returned, that sounds like her wages won't be paid till uniform returned) - maybe its a sign they have pre-decided the outcome of the appeal? Did she have to pay for the uniform or was it given to her for free? If she paid for it, then she doesn't have to return it and they should not be deducting anything from her wages!

If you can manage without her wages for a few days after the 28th July, then i would be tempted to not return the uniform just to see if they pay her wages in part or withhold the full amount, which would amount to an unauthorised deduction if they withheld her wages in full.

[RJH]

Re: Pregnant and made redundant - HELP

Cheers, appreciate the tip-off

[Amethyst]

Re: Pregnant and made redundant - HELP

https://www.gov.uk/government/public...employment-p87 ( think it'd be about £60 ) - there's a step by step on MSE http://www.moneysavingexpert.com/rec...orm-tax-rebate

Claiming for first time? You need to do it by post

Fill in the P87 form online, print it out and send it to Pay As You Earn, HM Revenue and Customs, BX9 1AS. Write 'Repayment Claim' on the envelope to speed things up. You'll need to fill in one form for each year you're claiming for.

I don't know if she would be eligible but worth having a look at, every little helps

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=6]Amethyst[/MENTION]

No, but she could so that couldn't she? Where is best to do that online?

[Amethyst]

Re: Pregnant and made redundant - HELP

Did she claim tax relief on washing her uniform ?