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Q: Failure to pay or unauthorised deduction of wages, Employment Rights Act 1996... ( No Answer,   0 Comments )
Question  
Subject: Failure to pay or unauthorised deduction of wages, Employment Rights Act 1996...
Category: Business and Money
Asked by: pollard_craig-ga
List Price: $10.00
Posted: 17 Apr 2003 14:33 PDT
Expires: 17 May 2003 14:33 PDT
Question ID: 191968
...sections 13-27 in particular.  

For clarity: Within the last month I left one employer after being
"head-hunted" by another. I was with my previous employer for 16
months.  They are a large Limited company with turnover in excess of
£700mln per annum.  I have a clean disciplinery record.

I plan taking my previous employer to the Employment Tribunal under
the above act - so what do I want for the 10 bucks?

Advice, hints or tips on how to proceed other than that available at
www.employmenttribunals.gov.uk, the Citizens Advice Bureau or ACAS web
sites.  If in doubt, please seek clarification.

Real world information or relevant case-study information pertinent to
my claim (details of which are below)

What is the strength of an oral agreement between employer and
employee - case study and court references please.

Other angles, case law, precidents or other laws my ex-employer may
have traversed

Any other relevant information, links, anything at all

To be considered "answered", I'd like a thoroughly researched answer
using court archives and records of similar cases or comparable
references or principles where a court has upheld in the employee's
favour.  Any insight into European legislation covering this would
also be useful.

Here is the background:

In October 2002 my employer rated all staff according to "Value to the
Business" and "Liklihood to leave".  Based on my rating I was
submitted to the approvals board for an "exceptional pay-increase". 
Months went by and I was kept informed, primarily verbally, by my line
manager.  The application was held up by staff changes within Human
Resources and later by a re-structure and reduncancies in the wider
department within which I was a member.  Even though i was not "at
risk" the rise was delayed due to bureaucratic issues.

Numerous conversations took place between me and my line manager & me
and his line manager.  I eventually got verbal confirmation that the
pay rise was "circa £5000" and would "be included in this months
salary and backdated to the request date".

On the morning of Pay day, February 2003 my manager recieved a call
from his manager to check that my rise had gone into my account.  It
hadn't and he was surprised as the rise for one other member of the
team had gone through.

After investigation it was due to an administrative cock up and, again
verbally, I was offered a cheque or to have it in my next salary. 
Being good-natured I said my next months' salary was fine.

In the meantime I handed in my notice.  On my final day (April
pay-day) - the backdated pay hadn't gone through.  I questioned the HR
manager about this in my exit interview and he looked uncomfortable
and embarrased as he answered "After you resigned, it was put a stop
to by <insert directors name here>".  This is even though it should
have been paid the previous month.

Now the difficulty I have is that most of this is verbal conversations
between me and more senior members of the organisation (employing 1600
people).  Further, I did not receive written confirmation and the
e-mails I have give no explicit confirmation and only limited implicit
confirmation.

As all pay rise requests go through an "approvals route" for signoff i
have requested Subject Access under the Data Protection Act as this
may provide more insightful information but please answer on the basis
that it doesn't.

Answers as soon as possible please.  Again, any quesions or
clarification required, please ask.

Regards

Craig Pollard
Answer  
There is no answer at this time.

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