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Employment Law (Read 7449 times)

Posts: 2
Employment Law
Nov 10th, 2003 at 4:09pm
Hi Smiley,

I would like some suggestions how to go about the issue I have got in hand.

Before I go further let me tell you this,

I have filed a case against ex-employer in Employment Tribunal.  This case is in hands of ACAS for conciliation.  ACAS personnel have been dealing with this for past 10 days.  

Case is regarding non-payment of salary.

I came to know about this company thru an acquaintance because I want a company to sign a contract and sponsor my work permit.  I have been having problems with them since because they haven’t been paying my salary ON TIME they were blaming other agency (client).  After 5 months I was fed up of not getting the pay cheques on spite of me telling them my situation and commitments. When there was time for extension I went with another umbrella company.  When contract with them came to an end.  I told them I am resigning and going back home for holiday because they stopped the august 2003 pay cheque and expenses cheque in lieu of notice, which I got on 26th of September 2 months in arrears along with July expenses cheque.  This happened when I told them I am resigning on 30th of September.  At this point I was not sending them September timesheets. When I asked them why they did this.  They told me they will recall the cheques when I give them September timesheets.  And they will pay my September salary once the get paid for the invoice they raise for my service.  I did this.  Then they didn’t recall the cheques until Friday 3rd October.  After continuous phone calls and emails.  *Following Monday when I called them they came to know I was working for same client. Then they told me that they would speak to my solicitor.  After this event I filed case against them.

Now, they are saying that they have lost 200@23days 4600 on behalf of me.  The client pays £200/day out of which I was giving them 15% and 12% as their fees and employer's NI respectively.  They didn’t have contract for October 2003.  How could have they lost that money?  

I can’t afford a solicitor, they owe by 2600 and 100 underpayment of August. When I enquired with some solicitors they told me it is very small amount it would cost me more in case I hire them.  Could you please tell what I should do at this point , they have agreed to come for compromise.

Thanks in advance,


*Following Monday when I sent them email they called where I am working and found out I am working there.
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