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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm starting a money online claim to recover unpaid payment

Resolved Question:

I'm starting a money online claim to recover unpaid payment in lieu. My employment contract gives the employer the choice to make payment in lieu of a months salary or one months notice. He gave me notice that he was making payment in lieu with immediate termination but has only made a partial payment (£500 short). The company admit they have underpaid but will only pay if I sign a disclaimer agreement for any other legal proceedings
Please could you advise if my claim would be for breach of contract and damages or for an unpaid debt. What is the difference between the two?
Also, the pilon clause is not clear about what a months salary should be, can I claim an aggregate commission element, (it was a sales position ) accrued holiday, pension etc which I would have earned had I worked a months notice, as they didn't pay correct pilon anyway?
Also please could you confirm that I do not need to attach copy contract with particulars of claim on line
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Why has he paid short?
Customer: replied 1 year ago.

No reason

Expert:  Ash replied 1 year ago.
The debt has arisen because of breach of contract. So your claim is because of that.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you. ***** include additional benefits, eg pension, and aggregate commission as payment in lieu is not limited to basic salary, other clauses in contract refer to basic salary

Expert:  Ash replied 1 year ago.
If you can show it should have been paid in this sum then yes.
Does that help?
Alex
Customer: replied 1 year ago.

Thank you. The contract states that the sum should be equal to my salary in respect of that part of the notice which the company did not give me, so I am arguing that this should include an aggregate monthly commission element, accrued pension and holiday pay. Does this argument have any merit?

Customer: replied 1 year ago.
Relist: Incomplete answer.
Please could you reply to my last question as it was marked as urgent
Expert:  Ash replied 1 year ago.
Sorry I was in Court. I could claim it, at worst the Court can not allow it. You can always claim less in Court, never increase in value.
Does that clarify?
Alex
Customer: replied 1 year ago.

Sorry your reply does not make sense. Please clarify

Expert:  Ash replied 1 year ago.
Yes claim for it.
This is because the Court can always not allow those elements. Its better to claim for everything and the Court can decide.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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