Recovering payment from public sector employer
Discussion
Hi,
A mananger in my organisation asked me to do on-call duties which I did for a year, but when it came to the end of the financial year in April 2013 they pretended it was informal and refused payment for the work I've done, ie: trying to shirk the 5k I'm owed for doing 24/7/365.
Now this is not the case and lugging a laptop bag everywhere you go, never being out of 3G signal reach and having your phone never on silent by your bed for a year is not done through love, well not by me anyway.
As HR and the Corporate Nazi's in my organisation are seriously worse than I could possibly describe in every way (and I'm not exaggerating one bit), is anyone able to give me a pointer or two in how to decisively get them to cough?
In another thread today, Breadvan gave a very simple plan of action for when a business owes money and I wondered if I can just do the same thing?
Cheers,
Joe
A mananger in my organisation asked me to do on-call duties which I did for a year, but when it came to the end of the financial year in April 2013 they pretended it was informal and refused payment for the work I've done, ie: trying to shirk the 5k I'm owed for doing 24/7/365.
Now this is not the case and lugging a laptop bag everywhere you go, never being out of 3G signal reach and having your phone never on silent by your bed for a year is not done through love, well not by me anyway.
As HR and the Corporate Nazi's in my organisation are seriously worse than I could possibly describe in every way (and I'm not exaggerating one bit), is anyone able to give me a pointer or two in how to decisively get them to cough?
In another thread today, Breadvan gave a very simple plan of action for when a business owes money and I wondered if I can just do the same thing?
Cheers,
Joe
Breadvan72 said:
Send a polite letter before claim explaining that you will issue proceedings if not paid within 14 days. In due course, if the claim is contested you will need to support it by evidence of how the debt was incurred. Evidence can take any form - emails, letters, invoices, a statement from you, etc.
Simple claim:
1. The Claimant is (describe business).
2. The Defendant is (describe).
3. By an agreement made on [date] [orally/in writing/evidenced by ], the Claimant agreed to supply [describe goods/services] and the Defendant agreed to pay [price].
4. The Claimant supplied [goods/services].
5. The Defendant has failed to pay for the [goods/services], despite demands that it do so.
6. The Claimant accordingly claims {3 }, plus interest pursuant to section 69 County Courts Act 1984 at 8% per annum from [30 days after invoice] until payment or at such rate and for such period as the Court shall consider appropriate.
Simple claim:
1. The Claimant is (describe business).
2. The Defendant is (describe).
3. By an agreement made on [date] [orally/in writing/evidenced by ], the Claimant agreed to supply [describe goods/services] and the Defendant agreed to pay [price].
4. The Claimant supplied [goods/services].
5. The Defendant has failed to pay for the [goods/services], despite demands that it do so.
6. The Claimant accordingly claims {3 }, plus interest pursuant to section 69 County Courts Act 1984 at 8% per annum from [30 days after invoice] until payment or at such rate and for such period as the Court shall consider appropriate.
How do you know it's £5k you're owed?
i.e, is there some sort of paper trail you can point to (emails etc) to prove that you had an agreement to be paid £x?
Don't forget that PAYE will reduce the figure you're actually owed but you NEED to be able to prove it wasn't an informal favour...
i.e, is there some sort of paper trail you can point to (emails etc) to prove that you had an agreement to be paid £x?
Don't forget that PAYE will reduce the figure you're actually owed but you NEED to be able to prove it wasn't an informal favour...
Have a look at ACAS for the general guidelines, but try to resolve it informally first. Perhaps your MD or another senior manager that you get on well with has an open door and would be willing to discuss?
If not, raise it as a grievance, again follow the guidelines, but essentially start with a letter stating your complaint. This should lead to a formal meeting to discuss the letter and evidence provided, and be followed up with investigations if required and a a form outcome/decision, which you should be able to appeal.
Once again, have a look at the ACAS guidelines or give them a call.
If not, raise it as a grievance, again follow the guidelines, but essentially start with a letter stating your complaint. This should lead to a formal meeting to discuss the letter and evidence provided, and be followed up with investigations if required and a a form outcome/decision, which you should be able to appeal.
Once again, have a look at the ACAS guidelines or give them a call.
I do not want to air dirty laundry, but I've been there on this one.
I was owed a fair chunk, and when I said 'when shall I do the claim' I was shown part of my contract that basically says 'you are always informally on call, if you are on claimable on call, you must have prior written authorisation to submit a claim against'
I decided to not go for it, and wrote it off - like you, it was thousands. If you do go for it, you will go straight in the black book. Fair/unfair.. that will happen.
I was owed a fair chunk, and when I said 'when shall I do the claim' I was shown part of my contract that basically says 'you are always informally on call, if you are on claimable on call, you must have prior written authorisation to submit a claim against'
I decided to not go for it, and wrote it off - like you, it was thousands. If you do go for it, you will go straight in the black book. Fair/unfair.. that will happen.
You say this is public sector so it's not as if your boss will benefit financially from withholding payment due to you, so I'm not sure why he would do it?
We're you the only member of staff who was on-call or were others doing it as well? Can you prove that you attended work "out of hours" as a result of being on-call? This should help you demonstrate the existence of the agreement.
We're you the only member of staff who was on-call or were others doing it as well? Can you prove that you attended work "out of hours" as a result of being on-call? This should help you demonstrate the existence of the agreement.
Countdown said:
You say this is public sector so it's not as if your boss will benefit financially from withholding payment due to you, so I'm not sure why he would do it?
Probably because he or she is or was lacking the budget and/or authority to enter into the agreement in the first place.davemac250 said:
Most public service sectors employ on call status to avoid punitive o/t payments for calling people in to do work.
In my experience staff get a standby allowance for the days/hours that they are ON the rota and then additional payments if they are actually called out. This might be a fixed payment (e.g. £50) or an hourly rate (which would be at least as much as the employee's normal hourly rate). Worst case scenario they would get TOIL.Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff