Underpaid on final pay

[eybic]

I'll try and cut a long story short.

I work in sales and was recently asked to leave with immediate effect. I had a company car and this is reflected in my tax code. I was dropped home and that was that.

In my exit meeting I was told I would get a months salary, any commission I was owed and £150 as compensation for the loss of my car.

My calculations worked out I would be owed an additional £925 + untaken holiday, I emailed my calculations a couple of days ago to my old manager and he acknowledged it saying he had sent my commission to payroll and it should show on my payslip. I have today been paid and also received my payslip. I've been underpaid £700!!! Including the £150 for not having the car.

I've contacted them by email and phone and been told it will be looked into but I'm wondering if I need to do anything to make it official and what I can do if they don't honour what was agreed.

Thank you

[RSoovy4]

It's probably a mistake.

Did they follow the proper procedure for laying you off?

[eybic]

The exit package will be in the minutes from the meeting (which I haven't actually been sent)

I looked into the procedural side of things on the ACAS website and it seems that as I'd been employed for approximately 23 days less than 12 months I couldn't actually have a case for unfair dismissal all the other boxes appeared to be ticked though. The goodbye letter I received a week later didn't give a reason, just that my employment would not be continued.

[Cmof]

If your notice period, had you worked it, would have taken past the magic 12 months service, you may still be able to make a claim if you have been unfairly dismissed.

[eybic]

Cmof said:

If your notice period, had you worked it, would have taken past the magic 12 months service, you may still be able to make a claim if you have been unfairly dismissed.

I would indeed, I might talk to ACAS. Thank you :0D

[Jasandjules]

Have you contacted them about this? If not, do so in writing. Note that you have not been paid the agreed sums.

[eybic]

Jasandjules said:

Have you contacted them about this? If not, do so in writing. Note that you have not been paid the agreed sums.

I sent an email this morning on the back of my original mail listing what I thought I was owed explaining I seem to be short, I didn't have a response by lunchtime so called and spoke with my old manager who said he'll look into it

Thanks

[andy-xr]

eybic said:

I sent an email this morning on the back of my original mail listing what I thought I was owed explaining I seem to be short, I didn't have a response by lunchtime so called and spoke with my old manager who said he'll look into it

Thanks

And I'm hoping that you then said 'So if I havent heard from you by tomorrow afternoon, we'll talk again?'

I think you might be wise to try and pin them down to some form of commitment, whether that's a time to have a call, a pay-by date, a cheque sign off by, otherwise it'll lapse to the next pay cycle in March and get ugly inbtween

[eybic]

andy-xr said:

And I'm hoping that you then said 'So if I havent heard from you by tomorrow afternoon, we'll talk again?'

I think you might be wise to try and pin them down to some form of commitment, whether that's a time to have a call, a pay-by date, a cheque sign off by, otherwise it'll lapse to the next pay cycle in March and get ugly inbtween

Shock horror, I haven't heard from them despite another email sent by me yesterday explaining I have bills etc. to pay so need this sorted ASAP. I'll send another mail shortly asking this to be sorted by the end of play today

[jshell]

HBOS did this to a friend of mine. Kept enough back to sting him, but not enough to make it worthwhile for him to launch a legal action. Feckers!

[andy-xr]

eybic said:

andy-xr said:

And I'm hoping that you then said 'So if I havent heard from you by tomorrow afternoon, we'll talk again?'

I think you might be wise to try and pin them down to some form of commitment, whether that's a time to have a call, a pay-by date, a cheque sign off by, otherwise it'll lapse to the next pay cycle in March and get ugly inbtween

Shock horror, I haven't heard from them despite another email sent by me yesterday explaining I have bills etc. to pay so need this sorted ASAP. I'll send another mail shortly asking this to be sorted by the end of play today

Or else? That's what they'll be asking themselves, and I think this is where it could get ugly and go wonky. I'd recommend taking a step back and asking why they'd do it, thinking about not just your position but theirs too. Account Manage them, get to a point where they agree they have to pay you, when they're going to do it and what'll stop it happening. Threatening and/or continued emails often just get filed to deal with later or forwarded on to someone to take steps on. I'm not suggesting you're doing any of that, just saying, this is now about how you manage and direct their actions

ETA - get off email as well, it's for admin, not sorting important things. Follow up, definitely an email, wnating something to happen and having a conversation about why it will or wont = no way. It can sit unopened while you stew

Edited by andy-xr on Wednesday 27th February 12:24

[andy-xr]

Checking in, seeing what the update is

[eybic]

There is no update other than he's looking into it. I'm not sure what I can actually do about it other than keep asking.

I have been told by ACAS that I can file a claim for unfair dismissal so I'm going to do that when my money is sorted and if not it'll be small claims court I guess.

[andy-xr]

Personally, and I'm no expert, I'd be thinking about starting a claim heading with the holiday money, then adding on the rest. Are your calculations sound? Check against this if in any doubt

https://www.gov.uk/calculate-your-holiday-entitlem...

I guess it's then whether you want to go down the route of a claim/tribunal. I'm not sure I'd be bothered about unfair dismissal, or wrongful dismissal, more a breach of a clause of the contract to start with, and the adding up of the salary and other stuff as well. I'm no employment lawyer though, good luck, hope by Monday they come back with something. I guess ultimately you just want your money and then to move on?

[northandy]

Personally i'd send a recorded delivery "letter" to the most senior person you know.

Be factual, state what you were told, dont get into "i have bills to pay etc", give them 7 days to make the payment, and tell them if they dont then you will file a moneyclaim online claim for all outstanding monies

Tell them exactly what you are short.

If the 7 days passes then file the claim.

Otherwise you'll get dicked around for week after week.

[Spitfire2]

If you have legal cover on your home insurance they may well be able to help with any claim

[andy-xr]

And now?

(I'm not breaking your balls to try and stress you,just seeing what's going on and whether you're OK dealing with it)

[eybic]

They're not playing ball unfortunately so I've been in contact with ACAS to file a claim for unfair dismissal, if they would have just paid me what I am owed then I probably wouldn't have bothered. Does anyone have any advice on what's likely to happen and what I need to do to avoid screwing up over some stupid red tape bullcrap?

I believe I have a genuine case, mainly due to the correct procedures not being followed. I'm not just trying to screw them over.

Thanks

[eybic]

Does anyone have any advice please?

Thanks

[eybic]

ACAS have phoned me and I'm only able to claim for loss of earnings, I don't actually have any as I managed to sort a job out within 10 days of leaving so all I'm able to claim for is unpaid commission. So it seems unless you are out of work there absolutely no point claiming for unfair dismissal.