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Unpaid wages whilst on notice period

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  • Unpaid wages whilst on notice period

    Hi, I need advice on what action to take with regards to not being paid my penultimate wages.

    Brief background, I have worked for the company for 2and a half years and handed in my notice 3 weeks ago due to being given an ultimatum by one of the Directors.

    I received a letter confirming my resignation and that it was their intention to place me on garden leave until 11th February. In the letter it states that my final wage will be paid on 29th February 2016.

    As we are paid on the last day of each month I assumed that I would be paid January's salary, as normal, on Friday. I have not received a payment or any correspondence stating why.

    I'm a bit confused about what to do as I cannot speak to the employers as they have been very unfair to me and have lied and twisted things that have happened.

    Can I send them an email asking about my wages? If so, how do I word it.

    I'm sorry if I sound pathetic but my confidence levels are at an all time low and I seem to be incapable of thinking straight.

    Thank you in advance.
    Tags: None

  • #2
    Re: Unpaid wages whilst on notice period

    :bump: for [MENTION=19071]teaboy2[/MENTION] and [MENTION=26290]mariefab[/MENTION] xx
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    ~~~~~

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    • #3
      Re: Unpaid wages whilst on notice period

      Try emailing this:

      After your decision to place me on garden leave, I naturally expected that my wages would continue to be paid on the last day of the month until my employment terminated. This has not happened. Could you please either transfer my wages to my account or explain why you haven't done so.

      - - - Updated - - -

      Oops, try this instead:

      After your decision to place me on garden leave, I naturally expected that my wages would be paid on Friday. This has not happened. Could you please either transfer my wages to my account or explain why you haven't done so.

      Comment


      • #4
        Re: Unpaid wages whilst on notice period

        Thank you so much. I will send this and hope for a response.

        Comment


        • #5
          Re: Unpaid wages whilst on notice period

          Originally posted by Sarah1974 View Post
          Hi, I need advice on what action to take with regards to not being paid my penultimate wages.

          Brief background, I have worked for the company for 2and a half years and handed in my notice 3 weeks ago due to being given an ultimatum by one of the Directors.

          I received a letter confirming my resignation and that it was their intention to place me on garden leave until 11th February. In the letter it states that my final wage will be paid on 29th February 2016.

          As we are paid on the last day of each month I assumed that I would be paid January's salary, as normal, on Friday. I have not received a payment or any correspondence stating why.

          I'm a bit confused about what to do as I cannot speak to the employers as they have been very unfair to me and have lied and twisted things that have happened.

          Can I send them an email asking about my wages? If so, how do I word it.

          I'm sorry if I sound pathetic but my confidence levels are at an all time low and I seem to be incapable of thinking straight.

          Thank you in advance.
          My question, why did the director give you an ultimatum? The employer cannot withhold any of your wages and if it were to do so it would be unlawful. Do you think you were unfairly dismissed? Be confident. When it's in writing, you do not have to face your employer.

          Comment


          • #6
            Re: Unpaid wages whilst on notice period

            Things have been going downhill since the company became a limited company and another director bought on board. He did not like me and has told me on many occasions that he wants to employ a man in my role as he feels I'm not a "go-getter", he feels a man with a family and a large mortgage would work harder. I was given no notice of any meetings and one day he walked into the kitchen where I was washing up and started shouting at me, accusing me of something ridiculous, I kept trying to explain something but he would not listen and then told me I had 2 choices. 1) leave quietly and he would provide me with a good reference 2) they would sack me for gross misconduct. I asked him on what grounds but he would not tell me. I was very upset and scared as I did not want to be dismissed and have it on my records so I said that I felt I had no choice but to leave. Lots of things have happened since then and I've been advised by my partners union rep to take them to a tribunal for constructive dismissal. I'm unsure what to do tbh.

            Comment


            • #7
              Re: Unpaid wages whilst on notice period

              Be mindful of the strict time allowed to bring action via ET.

              I think you will be expected to go through the firm's grievance procedure (or at least make an attempt) before that.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Unpaid wages whilst on notice period

                Originally posted by charitynjw View Post
                Be mindful of the strict time allowed to bring action via ET.

                I think you will be expected to go through the firm's grievance procedure (or at least make an attempt) before that.
                I'm speaking to a Solicitor later as I'm so unsure what to do. There is little point raising a grievance as it would be the Director I would have to raise it with.

                Comment


                • #9
                  Re: Unpaid wages whilst on notice period

                  Any witnesses to what he said about getting a man to do your role etc that would be willing to provide a witness statement? If so you probably get him on sexual discrimination claim too!
                  Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                  By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                  If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                  I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                  The Governess; 6th March 2012 GRRRRRR

                  Comment


                  • #10
                    Re: Unpaid wages whilst on notice period

                    Originally posted by Sarah1974 View Post
                    I'm speaking to a Solicitor later as I'm so unsure what to do. There is little point raising a grievance as it would be the Director I would have to raise it with.
                    Is there only one Director?

                    (From post #1
                    Brief background, I have worked for the company for 2and a half years and handed in my notice 3 weeks ago due to being given an ultimatum by one of the Directors.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Unpaid wages whilst on notice period

                      Originally posted by charitynjw View Post
                      Is there only one Director?

                      (From post #1
                      Brief background, I have worked for the company for 2and a half years and handed in my notice 3 weeks ago due to being given an ultimatum by one of the Directors.
                      Yes, there are 2 Directors but the other Director is the wife of the Director that I've had problems with. I've raised it with her before and been told "that's just the way he is"

                      It's like banging your head against a brick wall, I got the point where there was no point in trying to defend myself or ask for help.

                      Someone asked earlier whether there was any witnesses to the comments about employing a Man, yes plenty of witnesses but none of them will speak up as a witness as they are all petrified of loosing their jobs. I've had a conversation with one staff member and she really sympathises with me but she will not speak up against them. They've told her absolute rubbish about why I've left and also told her that if "I" apologise I can come back!

                      Comment


                      • #12
                        Re: Unpaid wages whilst on notice period

                        Try recording such conversation with other staff covertly i.e. mobile phone app. As such recordings are admissable evidence at tribunals without the need of the person being recorded knowing or consenting to the recording being used as evidence! - plus as they don't know, then the employer can't exactly blame them unless they want another tribunal claim against them!
                        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                        The Governess; 6th March 2012 GRRRRRR

                        Comment

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