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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I asked this same question on Sunday but decided to give

Customer Question

Hi
I asked this same question on Sunday but decided to give my former employer one last chance by writing to the CEO with a deadline to respond by close of business today, he has not responded so now I would like to take legal action based upon the below scenario:
I left the employment of UKSBS ltd (a public sector organisation) on the 31st August 2015 with my last day of working being the 18th August. On the 18th August I submitted my expense claim for the previous month (some £560). My exit interview was acrimonious as after six years of very successful and highly commended work, I had resigned because I was unwilling to work for my new line manager (appointed in January 2015).
Expenses were normally paid within 5 days, after 10 days without them being paid I wrote to the HR dept to find out why and was told that my line manager was approving them. After a further two weeks I wrote again and received no reply. I then wrote to the CEO and head of HR, I then received an answer from my line manager explaining he wanted more details on the claim, I asked what details and within the reply saw an e-mail from IT saying the claim had been rejected. I provided the further details explaining that the claim complied with company policy and was similar to those submitted and paid every month for the last six years. I still have not been paid the money and so on Sunday wrote to the CEO saying this was unacceptable and asking for both payment but also an apology and explanation as to why I had not been paid by today or I would be seeking legal advice. As I have not received a response I now wish to take legal action to recover the money owed.
Thanks
Richard
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What assistance do you require from us in relation to this?
Customer: replied 1 year ago.
Hi Ben, I believe I have a time limit of Three months for getting my money paid starting from 1st September so wanted some advice on how I could issue a small claim against UKSBS (my former employer) or apply pressure within the remaining time available to get payment
Thanks
Richard
Expert:  Ben Jones replied 1 year ago.
Did I deal with the initial advice you received? When were the expenses officially due to be paid?
Customer: replied 1 year ago.
Hi Ben
I think it may have been you on Sunday but I never responded to the offer as I thought I should give them one last try. The expenses would normally be paid 5-10 days from submission date (18th August)
Cheers
Richard
Expert:  Ben Jones replied 1 year ago.
As expenses are specifically excluded from the definition of wages, you cannot make a claim for unlawful deduction of wages in the employment tribunal. That is where the time limit is 3 months. Instead you would be making a breach of contract claim in the small claims court and this is where the time limit is a much more generous 6 years, so there is no immediate rush. In terms of the steps you need to follow, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
Excellent, thanks Ben
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best