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Hello, my name is Ben and it is my pleasure to assist you with your question today.
Do you have evidence of how much you are owed?
all our wages are worked out and are held by the company we all have timesheets and are able to work out what is missing i have earnd £1000 bonus in a month when someone other than my manager did my bonus time sheet but some times get £50 a month when he does it
How far back do these underpayments go?
we want to take legal action can we
were there times over these last 6 years when you were paid the correct bonus?
once or twice a few years ago we got a manager sacked for fiddling and the company admitted the wages were wrong and he was not payng the bonus correctly
there not bothered and do nothing to put it right
should we seek legal advice have we got grounds to do so
The issue is whether your contract entitled you to these payments and if that was the case, whether the employer paid you what you were contractually entitled to. If you can satisfy this and can prove that you are owed money, then you can take the matter further. Proof would mainly come from your employment contract showing your entitlements and then from your payslips showing what you were actually paid.
In terms of how to take this further, you have a couple of options. One is the employment tribunal, the other is the county court. In the tribunal you only have 3 months to make the claim so to be able to claim as far back as 6 years you need to show that there was one continuous failure to pay you what you were due. Therefore, if at any stage you were paid the correct amount the continuity would have been broken and you can only go as far back as the last break.
In the county court the time limit is a much longer 6 years so you could just be able to go back and cover all amounts owed. To make a claim there you can complete the claim form online at www.moneyclaim.gov.uk and that will start the process.
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