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EMployer still owes me money, how can i get it back?

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crud-aling | 09:01 Fri 05th Oct 2007 | Law
10 Answers
I recently resigned from work. There was a short fall of over �1000 in the final payment. They have sent out my p60. I sent them an email informing them of the error in my final salary payment but they have ignored it. What can I do in order to get them to pay the money they owe me.
Many thanks
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did you give all the proper notice as set out n your contract?
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Have you rang them up and spoken to them to find out what the problem is? That would be the first step.
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Hi, Thanks for your replies. I gave them 2 months notice, my notice period was 30 days.
ask for this outstanding money bye , leter preferbly, sent by recorded delivery , if after four weeks , the matter has not been resolved , then use the employment tribunal service , to assist you, it will get a case number, and they will pursue it, they will check that you have sent a letter , regarding this money, keep more than one photocopy , of the letter you send to the employer, (you can always speak to employment tribunal service ) before you send the company a letter, E T S , there is no fee payable , unlike acounty court sommons, where you would have tp pay a fee...... ETS regional addresses are obtaiable from internet, phone books, directory of enquiries for thier number etc etc ......
No one can really answer this for you because youve given so little information.

What do you think the shortfall in your pay is due to? Too many deductions? Too much tax paid? Repayment of loan made by the company? Wrong leaving date? Incorrect salary?

There's so many possibilities its almost impossible to give you an answer.
ETS sounds a bit long winded when you need the money now. (Does it have any legal force?). Try talking to them first. If not recieved withing say 7 days and they look as if they are avoidng payment I would use the small claims court. The �120 court fee plus interest at 8% would be would be added to the claim.

There is a statutory grievance procedure you have to go through before going to an Employment Tribunal and claiming unpaid wages. There are tight time limits so you need to act quickly. Ring the ACAS helpline (see their website) for advice on the procedure, or go to your local CAB.

There is no point using the small claims court - you have to pay a fee - the Employment Tribunal route does not cost anything.
You can claim via the ET as advised, you can do this online by completing an IT1 form. You should remember that legal aid or legal help as it is now called can only be applied for for the legal "advice and guidance", you will have to represent yourself, or the CAB may represent you.

Your claim is under the Wages Act for Unlawful Deduction of Wages.
the ET1 form has to be at the tribunal within 90 days of the date you left the organisation. Could you have taken too many days off in annual leave as that quite often happens and then you owe the company those days back?

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