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What a day I've had!!!!


Guest Red Devil

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Guest Red Devil

Okay, let me start this story from the beginning. 

  • End of June receive a letter explaining my employment was coming to an end on 3rd July due to the COVID crisis and loss of orders resulting in the business making cut backs. 
  • Mid June I ring the accounts department of the company to ask where my P45 is as I will need it if I get a new job, told that I'd get it after my final pay goes in on the 31st July.. think it's weird but got my holiday on my mind so let it go. 
  • 10th August arrive home to find my P45 arrived in the post, sit down open it and I'm puzzled to find my employment didn't end until 31/07/20. Not only that but all my figures for wages are completely wrong.
  • 10th August, decide to email the company and ask if it was a mistake, receive no reply on the subject.
  • 11th August spoke with Citzens advice and they advised me to speak with the HMRC and also ACAS as this has the pattern of fraud. 
  • 12th August Decide to give my previous employer another chance to explain himself so write an email explaining I'd spoken to Citzens advice and they'd told me to speak to HMRC and ACAS. 
  • 13th August Speak with ACAS, explain to them that my former company haven't responded but the date I finished work is different from my P45, this makes my previous leaving date of 03/07/20 null and void which actually means I have a case for wrongful dismissal. I don't want to claim anything until I've spoken to my former employer in case it's a mistake. 
  • 13th August  Finally get a response from my former employer, some crazy cock and bull story how he thought he could carry on claiming until the end of July and would I be happy if he paid me on Tuesday next week the money owed to me!!! 

The cheeky bastard has made half his office staff redundant on the 3rd July and claimed furlough pay until the end of July leaving them on his books!!!! therefore he was trying to pocket a months worth of money for all of us. I demanded my money today and he paid it to me within 15 minutes. What he has forgotten is the holidays he thought he was paying up now aren't paid up as I was employed until the 31/07/20, thus allowing me the chance to sue his for wrongful dismissal as I didn't get to do my notice at the end of July and also for the 13 days holiday he hasn't paid me. 

So I could in reality be sitting a bloody fortune of a claim against the scummy bastard. I've known him for bloody years, he knows I've got two kids and he was willing to steal off me when I needed money the most. 

Horrible horrible man, I hope he gets took to the cleaners off all of us involved. 

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Guest Red Devil
6 minutes ago, Bastion said:

I dont understand how you could sue him if he has paid up....

Wrongful dismissal mate, I wouldn't generally push for it but given he was trying to steal money from me I think he deserves it.

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Just now, Red Devil said:

Wrongful dismissal mate, I wouldn't generally push for it but given he was trying to steal money from me I think he deserves it.

I understand your pissed off and he is a cunt to do this to his employees....

 

I think you have called it exactly what it is, someone trying to take advantage of the covid situation.....

 

100 % on your side.

 

I dont get the wrongful dismissal angle, unless you mean he fucked up your dismissal.....

 

 

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How is it wrongful dismissal?

I used to sit in with HR on dismissal cases and they usually dot and cross the relevant letters....

Not saying it isn't and i am on your side but I am struggling to see the wrongful side...

post deleted...what did I say ?

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Guest Red Devil
9 minutes ago, Bastion said:

I understand your pissed off and he is a cunt to do this to his employees....

 

I think you have called it exactly what it is, someone trying to take advantage of the covid situation.....

 

100 % on your side.

 

I dont get the wrongful dismissal angle, unless you mean he fucked up your dismissal.....

 

 

Mate, he finished me at a later date than he said which makes his original dismissal null and void. 

Therefore he didn't give me the oppurtunity to A. Work my notice B. Sit and discuss the situation. 

He's broke every rule in the book, so I'm gonna throw it at him. If he wriggles out he wriggles out its a free tribunal. Personal don't see how he can win as he will have to admit he was trying to defraud the government and employees of money. 

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13 minutes ago, Red Devil said:

Mate, he finished me at a later date than he said which makes his original dismissal null and void. 

Therefore he didn't give me the oppurtunity to A. Work my notice B. Sit and discuss the situation. 

He's broke every rule in the book, so I'm gonna throw it at him. If he wriggles out he wriggles out its a free tribunal. Personal don't see how he can win as he will have to admit he was trying to defraud the government and employees of money. 

go get him Tiger.....

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37 minutes ago, Red Devil said:

Mate, he finished me at a later date than he said which makes his original dismissal null and void. 

Therefore he didn't give me the oppurtunity to A. Work my notice B. Sit and discuss the situation. 

He's broke every rule in the book, so I'm gonna throw it at him. If he wriggles out he wriggles out its a free tribunal. Personal don't see how he can win as he will have to admit he was trying to defraud the government and employees of money. 

post deleted...what did I say ?

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  • 2 weeks later...
Guest Red Devil

Done this now. 

In total got 4k, months salary plus he had to pay any remaining days holiday and a weeks notice. 

He'd already paid these to me but given he continued my employment beyond the date he told me he was finishing me he had no alternative but to pay up my holidays and notice again because the original date was null and void. 

If he refused to pay up he would have been breach of contract and I could have taken him to a tribunial. 

I now have no grounds to take it further, not bothered now actually as I've had 6k out of him since the 31st July so he must regret it now anyway. 

 

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  • Administrator
17 minutes ago, Red Devil said:

Done this now. 

In total got 4k, months salary plus he had to pay any remaining days holiday and a weeks notice. 

He'd already paid these to me but given he continued my employment beyond the date he told me he was finishing me he had no alternative but to pay up my holidays and notice again because the original date was null and void. 

If he refused to pay up he would have been breach of contract and I could have taken him to a tribunial. 

I now have no grounds to take it further, not bothered now actually as I've had 6k out of him since the 31st July so he must regret it now anyway. 

 

Happy days mate, he sounds like a right dodgy bastard, but it worked out alright for you in the end.  👍

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Guest Red Devil
4 minutes ago, boro_boy said:

Happy days mate, he sounds like a right dodgy bastard, but it worked out alright for you in the end.  👍

I could have hung him out to dry in fairness but it was clear from his later emails he'd taken advice with how to deal with it. 

The confusion of the earlier emails when he'd been rumbled had turned to more thought out sensible reply. 

I decided to take the money then stretch it out. 

Goes to show, you meet people in life and they seem genuine, but in times of crisis the inner rat is exposed in some. 

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