bad ex employer!

[davesage]

hi, i handed my notice to my old company in the middle of september but have yet to recieve my overdue holiday pay, its not exactly much but a weeks wages is worth it to some youngsters i.e me, i also have payslips where deductions have been made in pen ( im guessing so the taxman couldnt see) is there anything i can do?

[Finance Guy]

contact ACAS via www.acas.co.uk, they are an employment service who exist to mediate employment problems and demonstrate how you stand within the framework of law - e.g. let you know your rights.

It sounds to me that your employer is not regarding you with respect and it is worth a polite, non threatening email / letter that requests the outstanding money owed within the next 7 days and advises that you are unhappy at handwritten deductions on your payslips.

Specify which entries you are unhappy about and request full clarity.

If your former employer is up to anything untowards, in payroll terms, and has any brains, they will put this right very fast - particularly if you advise that you are going to contact the Inland Revenue and ACAS, should you not receive a satisfactory response within 7 days.

Remember, you are not in the wrong to ask for your rightly owed pay, but, right now, you have no proof of any wrongdoing by the employer, so make sure you do not get personal with your correspondance and that you stay professional at all times. If your ex-employer starts to act anything other than professional, then that can be a bit of an indicator that they are not conducting themselves as they should.

Good luck

[davesage]

thankyou for your entry finance guy, just to confirm to you that my ex employer has a very unorthadox business attitude whereas he feels that he is of no position to be told or asked anything by a young person, his mannerism is self centered and money grabbing but most of all he is a bully who threatens if faced with the possibility of not getting his own way being an ex military policeman, which has helped him carve contracts through old pals i know his business is a guaranteed failiure if looked at through a magnifying glass with half of his workforce not compling to curent government regs, is there anything else i could do to emphasise the point to him i need the money quickly as it was nearly 2 months ago that i resigned!

[Finance Guy]

Hi there,

You MUST follow a certain path, in order to get justice for yourself. The law will not be that slow and I am very sure that, if his business is that 'dodgy', he will not wish for the magnifying glass to be put on him.

Send an email that politely spells out your complaint and entitle it 'Grievance'. Be as clear about your complaint(s) as you can and spell out what will remedy it - i.e. to receive your due holiday pay and any other monies that you feel that you are entitled to.

State that you have been in contact with ACAS (make sure you ring them to reassure yourself!) and that you hope he can resolve this matter very quickly and allow you all to move forwards.

Try this link to read your rights and the grievance structure:http://www.acas.org.uk/media/pdf/s/g/acas_Disc iplinary_folder_1.pdf

Once he is in receipt of the 'Greivance', he has to reply within 28 days. I am sure that he will resolve this when he realises you are serious. Ensure that you send a hard copy by recorded post, in order that the email document service cannot be denied by him at a later stage.

The fact he is an ex-RMP is of no consequence and it would not matter if he was the serving prime minister, he cannot avoid the law. I am guessing he is an intimidating character and I understand that this may make you not relish tangling with him.

[Finance Guy]

The fact are:

1) He will not physically hurt you, or he will wind up in prison.
2) He is a bully who is only powerful for as long as you are afraid of him
3) He owes you money that you are legally entitled to.
4) You have a legal framework to help you - 100%
5) You have the back up of reporting your concerns to Inland Revenue and that may prompt a tax audit.
6) If what you say is accurate, you cannot lose.
7) If he ignores your grievance, you have an automatic right to a tribunal - that will cost him circa �10k in legal fees - he will not want that, believe me.

Also, If you are lucky, he will 'vent' at you by email and then you have 'got him' as he will have shown his true colours, making proving your case very easy.

I employ a lot of people and have been horrified reading your experience. I hope that you solve this in your favour.

Just stay strong. Trust me, you will find it all quite liberating by the end - You will come out of it stronger, and more aware, as a person too

All good life lessons! .

Good luck