Should I take further action against my ex-employer?

Question

Ok I'll try and give as much detail as possible so bear with me!

Just before christmas (when I still worked for my ex-employer) there was a quiet spell in work and I was offered some other work as a kind of work experience by another bodyshop. The manager at the second bodyshop had previously taught me in college, I looked up to him and thought it would be beneficial to both me and my then current employer, he wouldn't have to pay me to sweep the floor etc and I would gain valuable experience.

My boss, although not too pleased, agreed and asked me to try out their welders and equipment etc so that I could tell him whats good or not (he wanted a new welder). So the agreement was that I would return in the new year, this left me with 10 working days that I would miss, we agreed that these would be unpaid as I had no holidays left. 

At the second place of work now everything was going fine, but on christmas eve a collegue from my main employers said that he had a letter from me from the administrator at work, he opened it over the phone at my request, and informed me that it was my p45 and a christmas card saying "goodbye and good luck". I was very shocked to hear this and it really put a downer on my christmas!!! When I got back to work in the new year I went to ask what the score was, according to the administrator the accountant had told her to give me my p45... I know that this is not true. 

Anyway I had owed them holidays for the previous year ( I had asked for these days off too be unpaid but my boss never sorted it, so they got taken out of my holidays). I decided not to give them my p45 back, they did not ask for it, and told them that I would work off what I owe, then they could reinstate me. 

Whilst working off what I owed the atmosphere there had gone somewhat sour, the other place called me half way through January and offered me a job, I accepted. I told my boss and he wasnt surprised, he was fine with me, asked what my plans were for the future etc, just had a good chat basically, no hard fellings. 

However, the administrator on the other hand, has tried to pull a fast one on me i think, she gave me my p45 before xmas which avoided them paying me 2 bank holidays (these are taken out of our allowance at the begining of the year), and is with holding pay on 2 and a half days that i worked this year after repaying what I owed, and I also believe that I should have another days holiday accrued for this year while repaying what I owed. She has been very nasty towards me and says that they dont have to pay me anything because I left, but... I didn't know I had another job until 3 weeks after she issued my p45. She doesnt like me, never did, and would be glad to see me gone.
I have calculated that they only owe my 7 days wages. But she disputes even them. 

My question is how should i get my money from them and was my dismissal fair?

? · Accepted Answer

Fair dismissal or not, you would have to be working for them for two complete years in order to claim an unfair dismissal against them - and it wouldn't do you any good 'cos they'd offer you your job back and you certainly wouldn't want to go back.

With regard to what they owe you, I'd advise that you ring a 'Saturday surgery' at a solicitor and run your questions by someone more knowledgeable in law than me, for instance. Even the Citizens' Advice Bureau would know more.

I would assume - armed with the knowledge you're owed monies - that you would then be advised to take it to the small claims court. Your ex-administrator would - more than likely - cough up the cash before being taken to court and having costs to pay and a slot in your local evening rag...

Edit: silly typo

Tin-God · Answer

when you was first given your P45 did you not ask the manager whats going on, coz it seems he/she tells you one thing but does not bother telling any-one else.
if you have worked at this place less than 12 months then there is nothing you can do about your dismissal as you have to work at a place for 12 months or more before you can take them to a tribunal
and the fact is you did stop working there and go to the other place, yes i understand your manager agreed to it but you can not prove that, and i bet you if it comes to any court dealings your manager will say they don't know what your talking about.
just be glad your out of there coz it sounds like you have landed on your feet, i know its hard to walk away from some-one who owes you money but you will just be banging your head against a brick wall, why not steal a few of their customers instead

! · Answer

Completely understand your frustration. If you want expert, free and impartial advice and information, ACAS will help: www.acas.org.uk.

You only need to have been working somewhere for one year to get the benefit of protection against unfair dismissal (used to be two years, but that changed ages ago) - and if you are claiming unlawful discrimination there is no minimum period of service).

That said, if you've got a new job and felt able to move on, could save you a lot of misery...

? · Answer

so a ways as i know One can not take action against the corporate if he has no longer gained EPF volume so a ways as i know company duty is barely to deduct EPF and deposit an analogous with authorities and report return for comparable you will possibly be able to as properly touch your interior of sight Labour workplace and get all your factors cleared so a ways as i know the only ingredient is you will might desire to your self bypass EPF workplace and get the quantity recovered

? · Answer

That's too long to read!

Should I take further action against my ex-employer?

5 Answers