| Advice needed on being owed money by a former employer 08:50 - Mar 21 with 3996 views | toboboly |
Hi all,
Need a bit of advice. I received voluntary severance from my previous employer, I left their employment on 31st January and I was due to receive the pay off within 28 days (contract does not stipulate working days). There is still no money in my account.
I imagine this is due to their incompetence, they are truly terrible at any tasks hence why I jumped at the chance of leaving for cash. My question is what can I do (i have called them already and 5 days later am waiting for a response)? Can I sue them and get more money?
Does anyone have any experience/advice on this situation? |  |
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| Advice needed on being owed money by a former employer on 09:28 - Mar 21 with 3940 views | stevec |
At this stage, you might be better off asking for a face to face meeting this week with payment being settled at that meeting.
Take it they gave you an official letter explaining the terms of voluntary severance? |  | | |
| Advice needed on being owed money by a former employer on 09:39 - Mar 21 with 3920 views | toboboly |
| Advice needed on being owed money by a former employer on 09:28 - Mar 21 by stevec |
At this stage, you might be better off asking for a face to face meeting this week with payment being settled at that meeting.
Take it they gave you an official letter explaining the terms of voluntary severance? |
Yeah, the official letter states 28 days maximum between leaving and payment and all the other terms. I had someone look over it before I signed it so there aren't any small print things that would be a shock. | |
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| Advice needed on being owed money by a former employer on 10:29 - Mar 21 with 3861 views | WokingR |
| Advice needed on being owed money by a former employer on 09:39 - Mar 21 by toboboly |
Yeah, the official letter states 28 days maximum between leaving and payment and all the other terms. I had someone look over it before I signed it so there aren't any small print things that would be a shock. |
On your £80k per annum this is probably going to be a bit big for the small claims court.
Have a look at your house insurance. You are unlikely to have the full legal expenses cover, which would take this on for you, but, at the every least, most include a free legal helpline. |  | | |
| Advice needed on being owed money by a former employer on 10:34 - Mar 21 with 3848 views | ingeminate |
| Advice needed on being owed money by a former employer on 09:39 - Mar 21 by toboboly |
Yeah, the official letter states 28 days maximum between leaving and payment and all the other terms. I had someone look over it before I signed it so there aren't any small print things that would be a shock. |
If the pay-roll is done in the same building as you used to work my advice would be to go there, walk in and ask whoeveer is in charge of pay-roll why it has not been processed yet.
Normally you will get a good idea whether it is a processing issue at pay-rolls end and if so get it sorted there and then, or if someone in management has deliberately held it back. If that's the case then at least they can't fudge you off by blaming pay-roll.
It could well by management haven't bothered letting pay-roll know - by you being there they will be highly likely to get it done there and then. If it is management purposefully holding it back it will generally be because they have are dishonest/corrupt and are looking to stiff you, but far more likely because they have some sort of cash-flow issue. Even really successful companies that seem to be swirling in money have the odd time where cash flow becomes a problem. Paying off someone who has left erh company and is not in the building is generally going to be towards the end of the list. Again going in face to face to find out what is going on will 9 times out of 10 push you higher up the list. I've seen first hand on a various occasions how cash flow is allocated when times are tough and as a rule of thumb he who shouts loudest gets paid quickest.
Would always involve lawyers as a last resort - things take longer and potentially costs you money. |  |
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| Advice needed on being owed money by a former employer on 11:47 - Mar 21 with 3776 views | kensalriser |
Ingeminate's advice is good. Legal action should be a last resort.
But just in case, send a breach letter by registered post (or deliver personally and get a signature) advising that the terms of the agreement provide for payment within 28 days, which has now passed, and give them 7 days to cure (pay you), failure to comply with which will be followed by legal action without further correspondence. |  |
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| Advice needed on being owed money by a former employer on 12:53 - Mar 21 with 3702 views | toboboly |
Interestingly they have finally replied to my phonecall of a week ago with this beauty;
"Dear Toboboly,
Just wanted to get back to you regarding your query — please be reassured this is in hand and you should receive your payment very soon."
Intriguing stuff. | |
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| Advice needed on being owed money by a former employer on 13:13 - Mar 21 with 3656 views | Lblock |
| Advice needed on being owed money by a former employer on 12:53 - Mar 21 by toboboly |
Interestingly they have finally replied to my phonecall of a week ago with this beauty;
"Dear Toboboly,
Just wanted to get back to you regarding your query — please be reassured this is in hand and you should receive your payment very soon."
Intriguing stuff. |
Standard holding stuff.
I'd be sending a recorded delivery letter to the place of base and also Registered Office address noting they have acknowledged this is outstanding and that this be rectified within seven days.
I would also make reference to this causing you some financial difficulty, loss of interest and emotional trauma.
If you don't get the moolah by the seventh day then, don't chill out, go legal straight away.
I don't know who you worked for, what their financial standing is etc but if it was my Company in the industry I'm in I'd be concerned of them heading the way of Carrillion.
Good luck! |  |
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| Advice needed on being owed money by a former employer on 13:32 - Mar 21 with 3618 views | aston_hoop |
| Advice needed on being owed money by a former employer on 12:53 - Mar 21 by toboboly |
Interestingly they have finally replied to my phonecall of a week ago with this beauty;
"Dear Toboboly,
Just wanted to get back to you regarding your query — please be reassured this is in hand and you should receive your payment very soon."
Intriguing stuff. |
Toboboly is your real name?? amazing. |  |
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| Advice needed on being owed money by a former employer on 13:33 - Mar 21 with 3613 views | toboboly |
| Advice needed on being owed money by a former employer on 13:13 - Mar 21 by Lblock |
Standard holding stuff.
I'd be sending a recorded delivery letter to the place of base and also Registered Office address noting they have acknowledged this is outstanding and that this be rectified within seven days.
I would also make reference to this causing you some financial difficulty, loss of interest and emotional trauma.
If you don't get the moolah by the seventh day then, don't chill out, go legal straight away.
I don't know who you worked for, what their financial standing is etc but if it was my Company in the industry I'm in I'd be concerned of them heading the way of Carrillion.
Good luck! |
Cheers, work in the Higher Education sector, this is from one in the bottom quartile of league tables and frankly are terrible. Sent this to them today;
"Dear xxx,
Thank you for your email. I am, however, disappointed that it has taken this long to arrange payment considering the terms of the signed contract between myself and Kingston University. As a result of this breach of contract, I request payment of the outstanding amount of £xxx by the end of this week, including lost interest payments from 28th February 2018 onwards. I have used the governments guidelines for the interest payments of 8% https://www.gov.uk/make-court-claim-for-money/work-out-interest
Should I not receive the monies agreed within my contract with xxx University plus interest payments lost I will take legal advice on how to take this forwards." | |
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| Advice needed on being owed money by a former employer on 13:55 - Mar 21 with 3571 views | Boston |
| Advice needed on being owed money by a former employer on 13:33 - Mar 21 by toboboly |
Cheers, work in the Higher Education sector, this is from one in the bottom quartile of league tables and frankly are terrible. Sent this to them today;
"Dear xxx,
Thank you for your email. I am, however, disappointed that it has taken this long to arrange payment considering the terms of the signed contract between myself and Kingston University. As a result of this breach of contract, I request payment of the outstanding amount of £xxx by the end of this week, including lost interest payments from 28th February 2018 onwards. I have used the governments guidelines for the interest payments of 8% https://www.gov.uk/make-court-claim-for-money/work-out-interest
Should I not receive the monies agreed within my contract with xxx University plus interest payments lost I will take legal advice on how to take this forwards." |
Settling this matter should be academic. |  |
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| Advice needed on being owed money by a former employer on 15:32 - Mar 21 with 3483 views | RBlock |
| Advice needed on being owed money by a former employer on 13:55 - Mar 21 by Boston |
Settling this matter should be academic. |
If not, let the lawyers teach em a thing or two. |  | | |
| Advice needed on being owed money by a former employer on 17:23 - Mar 21 with 3419 views | londonscottish |
I thought that by law they should have paid for an employment lawyer to guide you through the process of voluntary redundancy.
I went through this a year ago and that's what happened to me.
I'd contact an employment lawyer and get a free consultancy on this.
If they are in breech you may be able to claim more and cover the cost of the lawyer.
PM if you want the details of the one I used - they got me extra $$'s |  |
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| Advice needed on being owed money by a former employer on 17:50 - Mar 21 with 3399 views | sevenhoop |
| Advice needed on being owed money by a former employer on 17:23 - Mar 21 by londonscottish |
I thought that by law they should have paid for an employment lawyer to guide you through the process of voluntary redundancy.
I went through this a year ago and that's what happened to me.
I'd contact an employment lawyer and get a free consultancy on this.
If they are in breech you may be able to claim more and cover the cost of the lawyer.
PM if you want the details of the one I used - they got me extra $$'s |
i presume that you signed a formal Settlement Agreement, witnessed by a solicitor? if not, any deal you reached is not binding on you and you could say that the agreement you reached is not binding and threaten to make a claim for unfair dismissal and that you are now going to take them to an Employment Tribunal. That'll get them scampering around to pay |  | | |
| Advice needed on being owed money by a former employer on 18:00 - Mar 21 with 3386 views | londonscottish |
| Advice needed on being owed money by a former employer on 17:50 - Mar 21 by sevenhoop |
i presume that you signed a formal Settlement Agreement, witnessed by a solicitor? if not, any deal you reached is not binding on you and you could say that the agreement you reached is not binding and threaten to make a claim for unfair dismissal and that you are now going to take them to an Employment Tribunal. That'll get them scampering around to pay |
Yeah it was along those lines.
The interesting thing is that they were obliged to pay for the employment lawyer.
And said lawyer dug around the back of the sofa and liberated a fair chunk more cash for me.
Bits of bonus that hadn't been fully paid and so on.
They also asked why part of the settlement was taxed and the other part wasn't.
Got me another month off paid, that one did :-)
[Post edited 21 Mar 2018 18:03]
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| Advice needed on being owed money by a former employer on 18:03 - Mar 21 with 3373 views | PinnerPaul |
| Advice needed on being owed money by a former employer on 13:33 - Mar 21 by toboboly |
Cheers, work in the Higher Education sector, this is from one in the bottom quartile of league tables and frankly are terrible. Sent this to them today;
"Dear xxx,
Thank you for your email. I am, however, disappointed that it has taken this long to arrange payment considering the terms of the signed contract between myself and Kingston University. As a result of this breach of contract, I request payment of the outstanding amount of £xxx by the end of this week, including lost interest payments from 28th February 2018 onwards. I have used the governments guidelines for the interest payments of 8% https://www.gov.uk/make-court-claim-for-money/work-out-interest
Should I not receive the monies agreed within my contract with xxx University plus interest payments lost I will take legal advice on how to take this forwards." |
Personally I think the interest part isn't helpful.
You are on firm ground as you have it in writing that you are due a payment.
What you don't have is any sort of agreement that a late payment would attract interest. | | | |
| Advice needed on being owed money by a former employer on 18:20 - Mar 21 with 3342 views | Boston |
Crikey no wonder there’s problems paying for match tickets and travel, everyone owes yer money! | |
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