Taking previous employer to small claims unpaid wages advice

[Difflocks]

Long story short having had to take previous employer through small claims court for unpaid wages.

Worked for company 6 months period.

Paid salary. ( monthly )

Final pay check was owed 3 weeks wages plus holiday entitlements for the 6 month period which I work out at minimum 12.6 days been rounded off to 13days.

Wages owed 3 weeks = 15days

I have never recived a final wage slip after requesting via text and email on many occasions.

I am in dispute over the amount of £2.554.86

The employer paid a sum of 1800.00 making the shortfall £2.554.86 which have had to go through money claim.

Disputed owing money states on his defence that has paid me 1 weeks wages but in that one week also paid me 2x Saturday shifts .

I am in need of help with my responce to the defence for it to be taken to court . Ie a template etc as I am no legal expert.

Or if we have and legal experts on this forum who specialise in this type of claim who I can approach direct be much appreciated.

Unfortunately the legal route was not my preferd method but the company who it is again is renowned for these matters and having done same to 3 other employees in last month.

King regards

[slainte caragh]

Re: Taking previous employer to small claims unpaid wages advice

Tagging [MENTION=51026]Ula[/MENTION] and [MENTION=26290]mariefab[/MENTION]

dont worry love, the cavalry are coming!

Callie <3

[Difflocks]

Re: Taking previous employer to small claims unpaid wages advice

Many thanks

I do believe I have a very good claim but am not good with putting stuff in the right context.

Clearly admitted that has paid me 13 days away from home payment but only 5 days work .
How can someone work 2 Saturday along with 13 night out payments if only did a week .

I have never had any contract whatsoever so breaking the law again there is do belive .

[jaguarsuk]

Re: Taking previous employer to small claims unpaid wages advice

I am about to submit my witness statement as a claimant tomorrow for being owed wages and holiday, so have quickly stripped down mine and it's attached as a template.

See what others say about using it as I'm no solicitor and just representing myself too.

01_ClaimantWitness Statement.doc01_ClaimantWitness Statement.doc

[ULA]

Re: Taking previous employer to small claims unpaid wages advice

Not sure I can help on this one sorry but will reach out to [MENTION=85500]Peridot[/MENTION].

[Peridot]

Re: Taking previous employer to small claims unpaid wages advice

Hi Difflocks,

Just to clarify, have you already made a claim to the Court for breach of contract or the Employment Tribunal for unlawful deduction of wages?
In either case you should make the claim within 3months less one day from the date you should have received your payment. Don't panic if this time has passed you do have options. ACAS is a good place to start, they have a helpline number you can call too if needs be: http://www.acas.org.uk/index.aspx?articleid=4125

Apologies if you have moved on from this and have already issued, but of course it will make a difference to how you deal with the matter if you are further down the line so to speak. This CAB info may help in the first instance: https://www.citizensadvice.org.uk/wo...h-of-contract/

You mention that you have e-mailed and called. Did you lay out exactly how you calculated the amount you believe due to you. Do you have accurate records of the time you worked and also a contract that stipulates payments and benefits/contributions to travel, accommodation etc?
I would suggest if you have not issued your claim as yet and provided you are within the time scales for your claim, that you send a final letter setting out exactly how you have come to the figure you claim they owe you, together with confirmation from your contract of how wages, benefits etc are calculated and holiday entitlement, before giving them a time limit for payment, usually between 7-14 days. If you do not hear anything within the timescale you indicate inform them you will be taking legal action. Ask for a full breakdown of what they believe they have paid you over the 6mth period and compare to your previous wage slips.

This link also provides some info on the types of evidence you need to support your claim: https://www.citizensadvice.org.uk/wo...wes-you-money/

I am probably telling you everything that you have already done or requested and if so do pop back on the forum for the next instalment! ACAS are very helpful and probably easier to get hold of than the CAB, if you need to talk to someone.

[Amethyst]

Re: Taking previous employer to small claims unpaid wages advice

Could you post a copy of your claim and their defence pls. Presumably you didn't file a reply to defence with your directions questionnaire?

[Peridot]

Re: Taking previous employer to small claims unpaid wages advice

Hi again, yes that's correct so I assume it is longer than 3 months since the issue arose? It is sometimes easier to claim unfair deduction of wages at the Employment Tribunal, rather than breach of contract in the County Court.
https://www.citizensadvice.org.uk/wo...h-of-contract/