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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48157
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I retired last month after 40 years service. The area

Resolved Question:

I retired last month after 40 years service. The area manager promised me (verbally) a months wages on retirement. They have already sent me my P45 and when I phoned the HR manager, found out that they are refusing to pay the award. I believe that I have been treated very shabbily,but am I entitled to the award?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello did the manager have the authority to authorise such payment?

Customer: replied 1 year ago.
I don't know. He manages two branches of an international company. Why make the award if it is not going to be honoured?
I felt hurt by this spiteful action,especially after 40 years service.
Customer: replied 1 year ago.
Thanks for your reply. It's always a good defence to say that the manager did not have authority,but it's a poor way to treat any employee.
Expert:  Ben Jones replied 1 year ago.

Hi there, I fully agree that it is a poor way to treat an employee but in the circumstances that is more likely to be a moral argument rather than a legal one. The manager’s intentions may not have been malicious in any way, he may have made the offer in good faith on the assumption that the company would have likely approved it. However, if he did not have the authority to make such decisions and it still needed to be approved formally higher up in the company then he would have not been in a legal position to make such promises. Whilst his intentions were likely good natured, he may have made things worse now because he promised something he could not necessarily deliver. So the key here is really whether he had the authority to make such decisions and this depends on the internal company structure and if he has been given such powers by the company. There is nothing stopping you from trying to make a claim to pursue this award through the courts but if they can shoe that internally he never had the authority to make such promises and it still had to be signed off by higher management, you will not be successful. However, if he did have the authority then you can argue that it is a legally binding offer made on behalf of the company.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow if you wanted to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 1 year ago.

Thank you. If you wanted to pursue this further you have a couple of options. Firstly, the employer should be contacted in writing, and ask them to pay the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.