Non Payment of wages

[Charlie1986]

Hi Guys

So after breaking my wrist in work end of July I was signed off by the doctor. During this time I was repeatedly called by my work and also had a discussion about my conduct through the time I was off as I did not call in daily to discuss when I would be back even thou a Med 3 certificate was handed in for 6 weeks.

All this and also as it was a st job I handed my notice in on the 16h September as my postion became untenable and since heard nothing from them.

Come today they have not paid me the remaining wages up till the 16th and my contract stated it was full pay if medically signed off which I was.

What’s the best way now? Sausages in the front lawn or letting down all the trucks tyres? (That was a joke)

Al

[KrazyIvan]

Contact payroll an ask them why you have not been paid.

Might be a simple mistake.

[ToothbrushMan]

pay aside it sounds like harrassment to me (daily calling) and they are making excuses to not pay you by saying your conduct is under question? whats that all about? weekly maybe) when you need to be recovering.

if this goes all the way stick to your guns and consider taking professional advice - you have rights and the employer might have acted in breach of these or caused you distress.

[Charlie1986]

So to update

I’ve have spoken to my payroll and they have said that even thou my contract states full pay whilst I am off sick the service centre manager can decide to evoke that if he feels my conduct is in question.

So I have been paid but it works out that my pay this month takes in account the full pay last month and the conversion to ssp this month and then taking the balance of ssp and full pay from last month off.

I’ve questioned the legal aspects with a employment solicitor and they have sent a email asking them to confirm why and also why they were calling me whilst I medically signed off asking when I would be back when they had the date.

My ex manager has now texted me saying my conduct has been out off order😒

This will be fun recovering the money owed

[Jasandjules]

Do you still want to work for them?

[Thats What She Said]

Sue em

Then sue em for having an accident at work which resulted in you breaking your wrist,

Then sue em a bit more. Just cos.

[Charlie1986]

Jasandjules said:

Do you still want to work for them?

Not now that was the last straw for me.

So I’ve just told my solicitor to add it to the losses resulting in the claim for my wrist. There worried about that and have they have just finished a big push on Health and safety and that was including the updates on the forks with slip protection.

I’m actually enjoying being off thou I’m lucky I’m able to afford it for a while

[carinatauk]

Possible process:

1. Put in a claim for accident
2. Raise a grievance for lack of pay
3. Contact ACAS to see if conciliation if an option
4. See what your solicitor says, although it is the more costly route
5. If all else fails, explore if an employment tribunal is an option [time limited so you need to pull your finger out, as they say]

PS I am not a solicitor

[AB]

carinatauk said:

Possible process:


3. Contact ACAS to see if conciliation if an option
5. If all else fails, explore if an employment tribunal is an option [time limited so you need to pull your finger out, as they say]

PS I am not a solicitor

Experience tells me if you do this then the employer will end up being shafted no matter what.

Very one-sided.

[carinatauk]

AB said:

Experience tells me if you do this then the employer will end up being shafted no matter what.

Very one-sided.

I understand he no longer works for them as a result of his treatment, I may be wrong but seems fair.

[caelite]

Not sure who you work for. Large UK supermarket actually states in their policy book that they reserve the right to not pay during notice period if staff member is not present for final week(s) shifts. I can't remember the exact policy wording but it did say something about this including sick pay in some circumstance.


Could be possible you've fallen foul of a similar policy.

[AB]

carinatauk said:

AB said:

Experience tells me if you do this then the employer will end up being shafted no matter what.

Very one-sided.

I understand he no longer works for them as a result of his treatment, I may be wrong but seems fair.

Could be a genuine case but even if it's not he'll probably still come out on top if he involves ACAS and threatens a tribunal. Assuming they're not a huge company willing to take it all the way.

[Charlie1986]

AB said:

carinatauk said:

AB said:

Experience tells me if you do this then the employer will end up being shafted no matter what.

Very one-sided.

I understand he no longer works for them as a result of his treatment, I may be wrong but seems fair.

Could be a genuine case but even if it's not he'll probably still come out on top if he involves ACAS and threatens a tribunal. Assuming they're not a huge company willing to take it all the way.

Well I’ve this week sent a email to the director stating that the advice I’ve had from ACAS and citizens advice I will be doing the following.

Making a personal injury claim
Looking at going to a tribunal for the actions of my ex manager including bullying etc.

He’s now driving down from Birmingham tomorrow to meet me and discuss! Thou I have told him my friend who is a employment solicitor will be there with me and she will be advising me on anything. It’s also been confirmed that 2 weeks of holidays were not cancelled whilst I was medically signed off Which he said it was an error in there be half.

They were hoping I would just go away quietly but I’m Scottish and it’s money 😂

Al

[AB]

Good luck, you'll be fine and they'll back down.