Ex Employer withholding/delaying final pay
Discussion
Team,
General Manager for company for best part of 7 years. Boss a disaster, final straw was behaviour on Jan 24th. Sought legal advice re constructive dismissal - advised more than enough to satisfy and resigned to that effect.
To date I’ve not heard from employer following resignation. (Email and hard copy via post)
ACAS Now involved.
I wanted 3 months pay and bonus from January - bonus owed and not disputed. He’s offered £1k plus Jan bonus. Told ACAS no way, then on reflection, having learnt a hearing would be 12-18 months, I accepted the £1k as I can’t have this individual on the periphery of my brain for that among of time.
Company terms are cheque (yes I know) on or around the 3rd Monday of the month. Colleagues have received their pay inc Jan bonus, I have received nil.
Is the employer legally bound to pay the bonus owed from Jan within the contracted terms; as said he’s agreed I’m entitled to it? What I’m angered about is the length of time he is taking to do anything regarding the matter (true to form).
The whole reason I agreed to the 1k plus Jan bonus 2/3 weeks ago, was that it would bring a swift conclusion to the matter.
4-5 weeks later, I remain unemployed and no monies from my ex employer.
I gather as of 4th March, a form is automatically generated from ACAS to allow me to pursue to tribunal, meanwhile negotiations can remain ongoing.
I’d like to hear opinions on whether employer is correct to withhold bonus.
I gather P45 no longer is required to be sent, however they should contact the revenue detailing final salary paid and therefore P45 is generated. ACAS tell me they have no info concerning the length of time they can withhold this - meanwhile I’m on emergency tax / continue on higher rate of tax.
Finally, the payroll etc is carried out by a third party company - am I within my rights to contact direct and ask WTF is going on with Jan bonus? FYI, this is a bonus defined by sales generated by month and is in contact as such.
Thanks if you’ve managed to get this far.
General Manager for company for best part of 7 years. Boss a disaster, final straw was behaviour on Jan 24th. Sought legal advice re constructive dismissal - advised more than enough to satisfy and resigned to that effect.
To date I’ve not heard from employer following resignation. (Email and hard copy via post)
ACAS Now involved.
I wanted 3 months pay and bonus from January - bonus owed and not disputed. He’s offered £1k plus Jan bonus. Told ACAS no way, then on reflection, having learnt a hearing would be 12-18 months, I accepted the £1k as I can’t have this individual on the periphery of my brain for that among of time.
Company terms are cheque (yes I know) on or around the 3rd Monday of the month. Colleagues have received their pay inc Jan bonus, I have received nil.
Is the employer legally bound to pay the bonus owed from Jan within the contracted terms; as said he’s agreed I’m entitled to it? What I’m angered about is the length of time he is taking to do anything regarding the matter (true to form).
The whole reason I agreed to the 1k plus Jan bonus 2/3 weeks ago, was that it would bring a swift conclusion to the matter.
4-5 weeks later, I remain unemployed and no monies from my ex employer.
I gather as of 4th March, a form is automatically generated from ACAS to allow me to pursue to tribunal, meanwhile negotiations can remain ongoing.
I’d like to hear opinions on whether employer is correct to withhold bonus.
I gather P45 no longer is required to be sent, however they should contact the revenue detailing final salary paid and therefore P45 is generated. ACAS tell me they have no info concerning the length of time they can withhold this - meanwhile I’m on emergency tax / continue on higher rate of tax.
Finally, the payroll etc is carried out by a third party company - am I within my rights to contact direct and ask WTF is going on with Jan bonus? FYI, this is a bonus defined by sales generated by month and is in contact as such.
Thanks if you’ve managed to get this far.
Edited by Tekno on Sunday 1st March 21:08
Edited by Tekno on Sunday 1st March 21:09
Edited by Tekno on Sunday 1st March 21:11
Edited by Tekno on Sunday 1st March 21:13
There's a few things that might explain why they haven't paid you yet.
1) They have not received your acceptance of the £1k + Bonus offer. If this was done via ACAS then double check that the acceptance was notified to them.
2) They may dispute the constructive dismissal allegation and consider that you have simply walked away and are thus in breach of your employment contract - although this may be negated by the fact that they have at least offered you settlement but they may also have changed their mind.
3) They're just playing silly buggers
Other than these, there is no reason for them to withhold payment.
The Payroll firm will simply act upon the information provided to them by the company. They don't decide who gets paid and who doesn't so I would suggest pursing them would be fruitless.
The course of action you've taken is the right one so keep on it and don't let the b
ds wear you down.
Good luck.
1) They have not received your acceptance of the £1k + Bonus offer. If this was done via ACAS then double check that the acceptance was notified to them.
2) They may dispute the constructive dismissal allegation and consider that you have simply walked away and are thus in breach of your employment contract - although this may be negated by the fact that they have at least offered you settlement but they may also have changed their mind.
3) They're just playing silly buggers
Other than these, there is no reason for them to withhold payment.
The Payroll firm will simply act upon the information provided to them by the company. They don't decide who gets paid and who doesn't so I would suggest pursing them would be fruitless.
The course of action you've taken is the right one so keep on it and don't let the b
ds wear you down.Good luck.
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