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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I was dismissed (wrongly in my opinion) from my previous employer

Resolved Question:

I was dismissed (wrongly in my opinion) from my previous employer on 06/02/15 and was told my outstanding salary would be paid on 20/02/15 which was the next payroll date. I was not paid on this date and after speaking with the company was told it would be the 06/03/15, again I was not paid. I have spoke to them since and now they are telling me that due to a witness statement I have apparently signed they need to investigate further until I can be paid. I have not signed any witness statement, and have been incurring costs due to not being paid on time. Where do I stand with regards ***** ***** law and what action can I take to get paid what I am owed and costs incurred during this period. I have kept all email correspondence as proof of what they have promised and failed to deliver on.
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi thanks for your question, I will assist you with this.
If your employer has not paid your wages then there are two ways in which you can proceed:
1. You can make a claim against them in the Employment Tribunal for unlawful deduction of wages; or
2. You can bring a claim for breach of contract in the Employment Tribunal or County Court.
However, with unlawful deduction of wages you would not be able to include a claim for any costs incurred as these are not wages. If you wish to try and recover these then it would have to be a claim for breach of contract. You would have to show a court or tribunal that it would be reasonable to recover these costs from your employer.
In the employment tribunal you have 3 months less one day from the date of dimissal to bring a claim. However, if you miss this deadline you can bring a claim in the Court and have up to 6 years from the date that the breach (i.e. the failure to pay the wages) to bring a claim for breach of contract.
Also, if you really do consider that their dismissal of you was wrong or unfair, then you could consider bringing a claim for unfair/wrongful dismissal as well as the unlawful deduction claim.
I would recommend that you write to your employers and advise them that you have incurred costs as a result of their conduct and that you seek payment of your wages, plus the costs that you have incurred (ensure you detail the costs you are claiming) within 7 days failing which you will commence a claim in the tribunal for unlawful deduction of wages/breach of contract and unfair or wrongful dismissal.
If you do decide to proceed with a claim against your employer - I would recommend that you take face to face advise first from a solicitor on the potential for unfair dismissal. The unpaid wages is a simple claim but you need to explain the full situation to ascertain if you were dismissed unfairly/wrongfully.
I hope this assists, if you have any further questions, please ask.
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