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Ex employer hasn't paid final salary correctly, despite 2 tries.....help?

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  • #1

    Ex employer hasn't paid final salary correctly, despite 2 tries.....help?

    Hi
    My ex employer has underpaid my final salary by over 300! The notice pay isn't even above NMW, never mind my salary! He's deducted another 2 days holiday pay as well.......from the first payslip sent..what can I do......I need the money as well he knows......hes done this to many ex employer before me, and is now ignoring my texts!
    Thanks Jane
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  • #2
    Re: Ex employer hasn't paid final salary correctly, despite 2 tries.....help?

    send him a letter before action outline what is still owed and why you believe its owed i.e. holiday pay, hours worked. Make clear that if he doesn't pay you within 14 days you will take the matter to ET as he is in breach of section 13 of the employment rights act 1996 or to small claims court for breach of contract.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

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    • #3
      Re: Ex employer hasn't paid final salary correctly, despite 2 tries.....help?

      Originally posted by teaboy2 View Post
      send him a letter before action outline what is still owed and why you believe its owed i.e. holiday pay, hours worked. Make clear that if he doesn't pay you within 14 days you will take the matter to ET as he is in breach of section 13 of the employment rights act 1996 or to small claims court for breach of contract.
      He has responded with fabricated deductions for days I worked from home, and other days holidays taken, so has justified his reducing my final salary.....I can't argue with him.....he'll have altered the records to back up what he is saying!

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      • #4
        Re: Ex employer hasn't paid final salary correctly, despite 2 tries.....help?

        Do you have any records that you worked from home those days yourselves, such as emails to clients, work etc that are dated, phone records etc or any other documents dated for those days that you worked on from home? or even your diary/calendar?

        Also did you usually work from home those days in the past. i.e. worked Tuesdays from home each week, once a fortnight etc, that would show on balance of probability that you had indeed worked from home the days for which your claiming payment for?

        Same for days he alleges you had as holidays?

        Can family members provide witness statements to the contrary along with any ex-colleagues your friends with?

        He wouldn't be the first employer to fabricate such records, and still loose at court/tribunal.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment

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