Final salary payment before leaving - nightmare pls help
- Thread starter scotty365
- Start date
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I'm worried - they deliberately withheld the letter so their is over 14 days now to respond and so pay day is gone by then and we are in severe financial difficulties, I have bills like anyone else and child maintenance at an astronomical rate - there will be terrible consequences and it's making me ill seriously I feel very ill.
Even a lawyer is unlikely to help, well not for the main issue, no money in the short term. As it takes time to go through legal process, by which time you have sorted yourself out. although most lawyers have free visits to determine if there's anything you can do, so if you can find one like that worth going just to get your options.
What ever you do, best to get spending down to absolute minimum now. Cheaper food, no nights out whatever it takes.
And then use overdraft if either you have it for shortfall.
Other than that, you could send the above law to them, and threaten legal action and see if they'll come to some agreement.
I could have done them a wrong un and got away with all my money but I did things the honest way and I'm being hammered for it. They don't want to lose me it's that simple so they are making it as difficult as possible. I will still leave reguardless of the consequences - they have proven themselves to be rotten.
I have penned a letter to them explaining my situation and offering a counter argument/offer. I pay for the first 2 courses as they are my responsibility and not the 3rd as they let me down and made it IMPOSSIBLE to complete it despited me taking it to director level. I suggested they subtract the VAT and I pay £800 now to cover the first course and then 12 monthly payments to clear the rest. I don't have a problem with taking responsibility for my actions but they broke the contract too by making it impossible - it stinks the whole damn thing is sour grapes and they just want to hurt me because they really need me right now - I didn't time it I made them aware of what was going on but no one saw fit to deal with the situation.
Deleted member 66701
Deleted member 66701
That's why people need to join a union
At the very least, it's an insurance policy with free access to legal advice.
Soldato
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I was under the impression they cannot legally deduct money from your wages without your express permission and also if it means your net salary for any given month falls below NMW for the hours you have worked.
I would seek professional advice from CAB/employment law solicitor. Many companies add things into their T's & C's because it is convenient and many people won't question/challenge it. But they cannot enforce anything which is not legal to start with whether it is in a contract or not.
I would seek professional advice from CAB/employment law solicitor. Many companies add things into their T's & C's because it is convenient and many people won't question/challenge it. But they cannot enforce anything which is not legal to start with whether it is in a contract or not.
Out of interest, what 'training' is this? And how did they not 'support' you on your NVQ?
From the outline facts given, it might sound harsh, but think it reasonable for the company to reduce the final settlement to the employee in this way.
But, if they are forcing training on people and then treating them like crap, that's a different story..
I also echo other people saying have a word with your new employer and look for an advance in pay, a lot of employers would help you out.
Just lol at everyone saying this is fine, do you all assume employees have no rights?
Firstly the clause must be a genuine pre estimate of the employer's loss if the employee leaves, if this is not the case it could be seen as a penalty clause which would be a non enforceable term of a contract.
Secondly the deduction from wages must be pre agreed, I have referred a link below on the issue which comments in the final paragraph that if an unauthorised deduction is made, the whole clause could be unenforceable.
http://employment.laytons.com/contracts-of-employment/recovery-of-training-fees.asp#
Does everyone default on their debts if they aren't deducted from their salary?
Firstly the clause must be a genuine pre estimate of the employer's loss if the employee leaves, if this is not the case it could be seen as a penalty clause which would be a non enforceable term of a contract.
Secondly the deduction from wages must be pre agreed, I have referred a link below on the issue which comments in the final paragraph that if an unauthorised deduction is made, the whole clause could be unenforceable.
http://employment.laytons.com/contracts-of-employment/recovery-of-training-fees.asp#
Does everyone default on their debts if they aren't deducted from their salary?
They paid each course as I did them. Lots of people told me to bang my holidays in and go on the sick to get going in my new job but I wanted to do it the right way and they are making me suffer for it in the most terrible way. We live pay day to pay day because of the single wage and it isn't a good one for the job I do - they can't replace me for under 30K and damn well know it but they had me doing a multi-skilled job and doing managers work for 24K I and they knew this was poor and they wanted me to commit to a side of the business that was far more technical than the others and I was earning far less than my colleuges - hense the tension started - they agreed to give me a career path to justify a pay rise then failed to deliver after I had commited to 1.5 years of night school and exams and homework - I was gutted and now they think that I was the one who was at fault for leaving. Everthing hinged on this course - I didn't really need any training as I'm quite solid at electrical stuff especially fault finding - I just need the qualification to take me to the next step and they failed to deliver despite my telling managers and directors alike. I told them if I don't get through this I will have to go else where and evetually I did for a salary that is worthy of the calibre of work that I do.
It is not right that the company have taken all the money off you in one go and people should n't be telling you it is, go and speak to someone who can actually advise you properly rather than listen to random peoples comments on here!
Did you sign an agreement before the course started and if so what were the terms stated?
Normally with courses you have to pay a set amount back which goes down from the full amount by a 24th every month over the 2 year period. Even so, you should have been paid your salary and then terms should have been agreed between yourself and the company to pay back so much per month.
Did you sign an agreement before the course started and if so what were the terms stated?
Normally with courses you have to pay a set amount back which goes down from the full amount by a 24th every month over the 2 year period. Even so, you should have been paid your salary and then terms should have been agreed between yourself and the company to pay back so much per month.
That's why people need to join a union
Unfortunately there is way too much political baggage that comes with most unions, which is why many don't join them.
Deleted member 66701
Deleted member 66701
I can see some sense in that reasoning, but people don't have to get involved in that side of things if they don't want to.
Not joining for that reason and leaving themselves open to abuse is daft imho though.
From a quick Google search, I came across a page on the ACAS website that appears to be helpful.
I would look for any documentation or contracts that you received regarding the repayment. Look to see if the company stipulated whether the full remaining balance would be withheld from your final pay upon termination of employment.
For example, when I received a relocation bonus, I had to sign a letter stating that I would agree to a mandatory pro-rated repayment of the bonus if I was to leave the company within 12 months.
http://www.acas.org.uk/index.aspx?articleid=4125 said:
I would look for any documentation or contracts that you received regarding the repayment. Look to see if the company stipulated whether the full remaining balance would be withheld from your final pay upon termination of employment.
For example, when I received a relocation bonus, I had to sign a letter stating that I would agree to a mandatory pro-rated repayment of the bonus if I was to leave the company within 12 months.
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They have most likely acted unlawfully through deducting the entire amount leaving you with little or nothing. Employment law is not my specialism but I would be happy to look through your letter if helpful. It would be useful to know the wording of the contract pursuant to which you agreed to repay the costs - there may be something pertinent within.
That might be what I need - me and the missus are really worries right now and in all honesty I don't think the comapny is gonna change it's stance - they deliberately delayed the letter and the manager told me so. The letter says:
1. if you do not finish your course or fail the course, you will be expected to repay the current amount of fees piad out by the company in full.
2. If you leave........ within two years of finishing the course you will expected to repay any fees paid out by the company in full.
That is the conditions - no mention of how it will be done, just that I pay it - I have no problem with that - I just can't do it all in one go.
yeah I see your line of questioning - I did an electrical course 2 of them in fact city and guilds and passed the first the other is on going - the NVQ requires that the employer provide me with tasks to satisfy the criteria but they failed unbeliveably - it took 2 months to get the first job and then 2 months to get the second - I should have done loads of them by 1 month - it was a shambles and no one had the balls to take the electrical gaffer to task over it, he deliberately witheld work so I would fail because he had a beef about the manager that allowed it to go ahead - they argued like school kids and never got on at 55 years old and the electrical manager didn't want to be party to his idea - that is the straight answer - he gave me a couple of jobs under duress because directors got involved. It's a cockup of monumental preportions and im having to pay for it.