Pay dispute
Hi All,
I am in a little bit of a tricky situation.
I have currently been employed by a company as a specialist engineering manager for just over 1 year. The company are currently experiencing serious financial problems regarding clients, and the lack of payments they are making (this being an internal admin error).
I was approached by a recruitment agent, and offered the opportunity of moving to a new business, with better prospects and a higher pay package which of course i accepted when a job offer was put forward.
I then handed in my notice to my current employer. I am the head of engineering, and my staff are under qualified to do the job, hence my annoyance and that mixed with the company’s financial problems, i decided to leave. The directors employed the unqualified engineers, and i was made to work with them. Just to save money.
I asked to go on garden leave, due to IP and the issues surrounding that of our product range, but they refused. I then requested a shorter notice period, and this was agreed if i finalised projects.
I was given a float account of £1000 for business expenses, which i am quite willing to pay back. I also pay an augment towards a lease car, of £50 for a higher spec. My director sent an email outlining "my debt" to the company.
This was:
£1000.00 float
£1000.00 excess augments for company car (20 months remaining).
The float i did not dispute, but the £1000.00 for the augment i have. This is because the contract is badly written; it says that the lease balance is to be repaid, not the augment (if the lease is still current). It’s a business lease and i would be unable to pay the £8000 remaining on the full lease and such actions would break the lease contract.
I made my director aware of this, and also made him aware that i never signed a fixed rate deductions contract for the augment, and that the £50 augments was never taken from my NET pay, it was actually deducted from my monthly expense claim (hence my expenses were always £50 short!).
I informed my director that without this fixed rate deduction contract, no statement on my monthly payslip, no annual review, that his actions and request are not justified as they have not followed the law.
He of course disagreed.
I am due to leave employment 13th October 2011. My contract states that all outstanding monies due are to be deducted from my final pay cheque. If monies are still left owing, I’m given 3 months to pay, and then they can pursue court proceedings. Instead of this, they decided to deduct the £1000.00 float from my second to last salary payment without my permission or knowledge. I complained, outlined that they have breached contract, and they re-paid into my account. They claimed to have done this to "spread" the cost, yet they have still broken contracts.
I was then told i would need to have a cheque waiting on my last day for the balances left outstanding i.e. £1000.00 for the float, and a further £1000.00 for the excess augment on the car, thus this not falling in line with the 3 months I’m given to pay outstanding monies. It would seem the contract is set in stone for me, but not for them!
I then compiled an email to my director and asked to do a 35/65 split of the £1000.00 car augment in my favour, but still denied responsibility, but did so to prevent this going to court. I also said that if they chose to deduct from my final payment, i was would pursue court proceedings, and i would contact a tribunal.
Last night i received an email, and i am now being accused of gross misconduct, and i have been asked to attend a meeting this Friday to discuss. They have claimed they have found illegally downloaded software on my old laptop (from 7 months ago, it was broken, so they must have scanned the hard-drive), thus breeching my contract, yet the company have already fiddled my salary payments.
The laptop in question was second hand when i received it, left unattended on project sites, and it was full of graphic videos which i found offensive when i received it! (I work in intelligent controls, so i know how to check a computer out). I of course deny all claims of downloading such illegal software.
It is obvious they are now trying to fire me and are grasping at straws. If the company had shown the car augment on my wage slips, and set-up a fixed rate deductions contract as they are required too by law, i would not be disputing this.
The company were determined to get the money i supposedly owe, but when i threatened court action, they are now trying to pull me into a disciplinary. I am current off work due to a medical condition caused by stress, and I’m not faking this, I’m a bag of nerves and can barely leave the house. They legally have to pay me for being ill, but again it’s obvious they are trying to get me out without paying me a penny.
I now feel mislead and bullied.
Any advice would be greatly appreciated.
Thank You.
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the pay pal
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