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Having quit my job, my last pay packet was over £800 short. It has been over a month since I left and a month since I first complained. Since then I have chased up with e-mails, most of which are not responded to and none with anything other than silly excuses. Assuming they ignore my last e-mail, what is my legal recourse, and is it going cost me an arm and leg?
Note I am now out of the UK for over year, and the employer in question is a multi million pound company who have a reputation of screwing people
Money Claim Online - doesn't matter where you are.
Send them a "Letter Before Action" giving them a defines period to rectify it then don't wait one extra hour once it runs out.
If they are that big you may find you get a "Judgement by Default" which means you can send the Court Bailiffs straight in.
If they're that big I find it surprising that they'll screw you for £800. Are you sure it's not just incompetence by the payroll/HR departments? I work for a large corporate and there's some very questionable competence in places, combined with poor communications I can see how this could happen.
Who have you been dealing with so far? If the issue hasn't been escalated can you get contact details for an HR/payroll manager and call him/her? You could always mention you're considering taking legal advice during any conversation with them.
Good luck
incompetence by the payroll/HR departments
While this may be fully true, that's hardly the OP's concern.
Straight to the courts I say.
Have you tried calling them and speaking to someone in HR to find out why it was short?
I appreciate you've emailed them but that can often be overlooked and at least if you try and call you might get a justified answer to beat them with.
Phone first then a letter sent by recorded delivery to the HR manager and one to the MD/CEO. If that fails, off to court for the cash plus costs.
I wouldn't phone them, better to keep correspondence recorded in some way.
Recorded letter to HR manager is not a bad idea, as above I would set a clear date for resolution and state failure to resolve by then will result in legal proceedings.
I had this situation years ago, albeit with a very small employer. I got advice from a friend of the family lawyer who talked me through what i needed to do for small claims court (not sure what the max claim is but you're well under it) and I also spoke to CAB about the court bit. It may have changed but here's my experience.
The first step was a letter sent recorded delivery explaining the situation, stating expected outcome, setting a deadline, and giving intention to go to court if not paid per the deadline. Make certain you have the confirmation of receipt.
If the deadline is missed then take it to court. I ended up with a hearing where the ex-employer made all sorts of crap excuses, a decision was made, then court adjourned. The adjournment gave the [s]ex-employer[/s] fat git the opportunity to pay up without getting a judgement against him (there would be significant financial implications for future borrowing etc). The money arrived soon after.
I agree, but trying to work around the incompetence would probably lead to resolution faster than taking them straight to court.While this may be fully true, that's hardly the OP's concern.
Thanks, I'll look into the money claim thing; I really don't want to have to threaten a court date that I can't be at. I have no doubt this is purely incompetence on the part of hr/payroll, but I don't really care, I have a mortgage to pay.
Are you sure it is short? Lots of places pay 2 weeks in advance and 2 in arrears for example, so any final months pay may reflect that. It may also include your ex employer reclaiming any leave that has been overtaken (so if you had 20 days leave, and left 6 months into the year, they would reclaim any leave over 10 days already taken).
Worth asking for the details of the final payment before going all legal on them.
In response to above re small claims court i was very surprised 10 years ago that the limit was £8k - not so smAll Nd im sure its much higher today
Small Claims limit was never £8K 10 years ago - £750 IIRC