my wages 😢

[Kazzza1976]

I am really upset today. If you please read my last post , I have been advised I have cases against the previous company I worked for, constructive dismissal and discrimination. I did not work my notice as the new team leader came in and changed all the rotas and decreased my hrs. I was due my wages today for what I have worked last month which was supposed to be around £1200 pounds as I did have a few days sick as well. They have just payed me £134 pounds. I have asked for an explanation they said I did not work my notice so this is a breach of contract? I also had 3 weeks of untaken holidays which I thought by law they had to pay me for but they are refusing to pay . This company has caused me nothing but stress

[Dizzytwo Moderator]

From what I have read. You might lose your holiday if you haven't given enough notice to take your remaining holiday before the end of the leave year. You can ask for it, but your employer doesn't have to let you take it.

You may be in breach of your contract if you don't give enough notice, or give notice verbally when it should be given in writing. Your employer could take you to court. Your notice period usually runs from the start of the day after you handed your notice in.

It always pays to read all contracts no matter what its for. The small print often causes so much pain and frustration after any event. An agreement will always be on the side of the people writing it for obvious reasons.

I do hope you can get some kind of compensation. Good luck.

Momo

[Kazzza1976 in reply to Dizzytwo]

Hi yes. You are right. I am in breach of my contract because I did not work my month notice and I resigned with immediate affect. But they are also in in breach of their contract as in constructive dismissal and discrimination? Is this right x

[Dizzytwo Moderator in reply to Kazzza1976]

I am sorry but I have no idea if thats right or wrong I'm afraid xx

[CheetieCat]

You've probably read this already but just incase you haven't, this is from acas

acas.org.uk/final-pay-when-...

[Kazzza1976 in reply to CheetieCat]

Thankyou x

[R-OD]

Hi sorry to hear this, call ACAS for advice and if this is your only household income make a claim for benefits. Good Luck 🤞

[Papagena]

Have you got house insurance? You often have legal cover included. I got paid legal help and a result over a work issue.

[Kazzza1976 in reply to Papagena]

Hi no I don’t have house insurance x

[Papagena in reply to Kazzza1976]

Can you get to Citizens Advice? Between them and ACAS you can at least find out your rights. Get a copy of your contract if you haven't already got it. Good luck, it's a very stressful situation, and please let us know if you get a result. Please find someone to support you with letter writing and go with you to any meetings with the employer (you have a right to this).

[Mrdiagnosis]

You are entitled to any leave untaken and ecrued up until the day you left . Unless of course you didn't give them notice . Then they can take your outstanding leave and put it against the notice period that you failed to work .

I know it's not helpful now but you should have given them your notice that was contracted in writing . Then if they insisted that you work it , written to them again stating that because of the situation and how you have been treated that you request garden leave. Which basically means you can't work for anyone else until your leave period is over . However it's down to the discretion of the company I'm afraid.

Employers have rights too which can be an issue in these cases.

Constructive dismissal can be very very hard to prove in court . If they don't look like they are going to pay you even though you have given them good reason to think you have a case and are going to take it to court.

In my experience the stress and worry of it all (and there will be lots) sometimes is more than what they owe you in monetary terms.

Constructive dismissal comes with a maximum of a year's salary and that rarely gets paid . You might walk away with a few thousand pounds (say 5k)

I don't wish to be negative, however it's all circumstantial, it's ok for ACAS to say you have a case and a no win no solicitor to do the same.

However they do this for a job and they will not experience the stress and negativity not to mention the time and effort you will need to put into this. It will be in your mind all of the time, it can consume you and cause more health issues.

That said , if course you should be compensated if they have treated you badly and discriminated against you.

I just worry , as in my case is it worth it ?

I personally would take time out and decide if you want to pursue it with all of the above considered.

You need to live your life and be happy in your decisions.

Sometimes walking away head held high can be the most life changing experience rather than put yourself thru the Extra burden and pain a court case can bring.

Whatever you decide to do I wish you luck, happiness and good health.

Take care xxx

[Kazzza1976 in reply to Mrdiagnosis]

Hello. I understand what you are saying. Solicitors I have spoken to have advised me this is a long process and it can be stressful. X

[Mrdiagnosis in reply to Kazzza1976]

I understand that , but what they can't tell you is will you win.

Was just trying to give you an understanding of how much it can take out of you physically and mentally health wise.

Sometimes it's not worth the money . Money can be made elsewhere. Your health can't.

Good luck.

[Alecinthesun]

I recommend seeking legal advice, I am not sure how legal aid operates now. I had a problem with my employer, I experienced discrimination some years ago. I had legal representation and my employer paid full holiday pay.

[Alecinthesun]

I also believe that you should stand up for yourself, teach the company that they can't get away with treating disabled people badly, that is a cause worth fighting for. Regardless of compensation, its the principle and it's illegal to discriminate. It's your decision but please don't listen to naysayers, do what you believe is right.

[Kazzza1976 in reply to Alecinthesun]

Hi. 💯 agree with you. I am standing up for myself . I don’t want this company treating someone else the way they have treated me. It’s the principle.

[Dizzytwo Moderator]

From what I understand To prove a constructive dismissal, an employee must be able to show: There's been a serious breach of their contract of employment, and. They've resigned in response to that breach and not for some other reason.

I am presuming they went against things that was in your contract. May I ask how you was discriminated against. No need to answer but just trying to get a bit more detail to see what you are having to deal with.

I was a witness at a tribunal for a work colleague many moons ago for constructive dismissal. It is a very stressful thing to go through.

Good luck and please be prepared to come away with nothing. These cases can be hard to win. That's not been a nay sayer that's been a realist.

My friend lost her case and she never thought for one moment she would. She had not prepared her self for the possibility of losing. It really did take time for her to recover both mentally and physically xx

Momo

[Kazzza1976 in reply to Dizzytwo]

Hi

I worked for this company for 3 and half years. I worked every thurs Friday sat and sun night shifts. Before this I was working day shifts but I knew something was wrong with my body and could not keep up with the work. I was then diagnosed with fibromyalgia so I went on to night shifts. Even though it was killing me to work 40 hrs straight with the pain and fatigue of fibro I never once complained to anyone I just got on with it as I needed an income for rent and bills. To cut a long story short our manager stepped down from his job role to a support worker. A new temporary team leader joined the service and said for the people who work every weekend she is changing the Rotas as it’s not fair to staff working every single weekend. My contract is 40 hrs per week which she is aware of. She changed the Rotas as of 3 Rd July. When I looked at them she has gave me 30 hrs and the other night woman her usual 40 hours. When I asked her why she said it’s because our shifts are 10 hr shifts which amounts to 70 hrs a week where we have 40 hrs each which is 80 hrs. I informed her well it’s been working so far as the other staff does 3 nights and one day shift. To which she said no that’s not happening anymore you will need to make ur hrs up working day shifts or go to another service. I was asked to leave this service ( bearing in mind it’s in the next street to where I live ) and travel to huyton 4 times a week. 53 mins on a bus one way and then getting back as well. I explained no I can’t do this I am in pain just walking from the next street never mind waiting for buses as I do not drive. I can’t do days as I had to stop days as I can’t keep up with the work. They was my only 2 options. I did not understand why nothing was affecting the other woman. I got told because she has child care issues. To which I said this lady has options and solutions to look in to childcare . I have no option to change my illness. This team leader came in to the service and new nothing about me but just changed the Rotas anyway. When I emailed my resignation I explained the reason as to why I’ve handed my resignation in. I left because they where the 2 options they gave me travel to huyton or pick up day shifts. I had an interview for the night position with the lady in question and I got the position of 40 hrs for the nights.. the team leader said she is not favouring the other member of staff and that they support me fully with my fibromyalgia but came in changed everything then gave me options which are out of my hands I feel I was pushed out and bullied. The same lady who does the nights back to back to me was commenting infront of other staff. Wow how much weight I have put on as she hasn’t seen me for a while but I’ve put a lot of weight on. The weight gain is because of my medication not that I needed to explain myself but yes this is what has happened.

[Dizzytwo Moderator]

Thank you for sharing that. It does sound really horrible. And I am sure I would feel exactly the way you do. I wish you luck and do hope you can get some kind of compensation.

Who knows they may think they were in the wrong and no need for court action. I suppose it comes down to the small print. The devils in the detail I guess xx

[Kazzza1976 in reply to Dizzytwo]

Sorry it was long just trying to explain what’s happened. I understand this will be probably stressful and a long process. I might not even get anywhere with this but it’s the principle. I really don’t want anyone else going through this they don’t treat staff very nice. Even when I fell. I lost my balance and fell 5 mins before my shift was due to end. I fell awkwardly and fractured my knee and the staff was told to check the cameras as the boss didn’t believe me. Check the times and check on the camera if I was limping and how long it took me to come back in. Really not happy the way I have been treated and I did my best even through the pain