Can i sue/take to court my previous employer? - HotUKDeals
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Can i sue/take to court my previous employer?

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Basically, I worked in a shop, did shed-loads of overtime, and come pay day, did not get over half of my overtime. Consequently, I was not able to pay 2 bills, both of which I have had late payment ch… Read More
jr129389 Avatar
banned9y, 2m agoPosted 9 years, 2 months ago
Basically, I worked in a shop, did shed-loads of overtime, and come pay day, did not get over half of my overtime. Consequently, I was not able to pay 2 bills, both of which I have had late payment charges for. I have phoned up my former manager, and he said he would look into it, and conveiniently, he said i did less hours than I did, and the hours I did work I would have to wait 3 weeks to be paid for it.

Question is, is there any action I can take over this?
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jr129389 Avatar
banned9y, 2m agoPosted 9 years, 2 months ago
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#1
No you cant - it would fall under the category of indirect or consequential damages

Obviously on the assumption that you are referring to the fact that the non payment resulted in the late payment of the bills and not the actual overtime you think you are due
#2
I wouldn't have said so.
#3
You can take them to court for anything, but more importantly:

If it's your word against his, then how are you going to prove it in court?
#4
Are you in a union? Do you have a record of the hours?
#5
It might be worth trying to get the fees back from your bank - not so easy while that test court case on 'unreasonable' charges is still running... ...you shouldn't have a problem with claiming back credit card charges though.
banned#6
True, but I keep a record of all the hours I work in a diary, so I know iv been underpaid, could the court demand CCTV footage or anything to prove I was in the building?

I was also wondering if there was anything I could do about having to wait 3 weeks to be paid, and the late payment charges I will now have to pay?
banned#7
wombat6025
It might be worth trying to get the fees back from your bank - not so easy while that test court case on 'unreasonable' charges is still running... ...you shouldn't have a problem with claiming back credit card charges though.


The charges are from Littlewoods and Littlewoods direct...
#8
how long did u work for them?
did you walk out of the job because of this?

if criteria is met take hiim tribunal -

best thing you might have in your defense - as you worked in a shop they must have cctv cameras - proof that you worked the hours you said
under freedom of info act you are legally entitled to a copy of tape when you know you were being filmed - they cannot charge you more than £10 for it

good luck
banned#9
dcx_badass
You can get a copy of all the cctv yourself.

See this:

http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_3#pt2-l1g7


and surely this would prove the hours i worked...?
banned#10
holly100
how long did u work for them?
did you walk out of the job because of this?

if criteria is met take hiim tribunal -

best thing you might have in your defense - as you worked in a shop they must have cctv cameras - proof that you worked the hours you said
under freedom of info act you are legally entitled to a copy of tape when you know you were being filmed - they cannot charge you more than £10 for it

good luck



I only worked there for a couple of months, but yes, this was the reason I left..
banned#11
I'm also very annoyed with the fact that he's admitted he's underpaid me, and I have to wait 3 weeks to be paid the rest..
#12
jr129389
I'm also very annoyed with the fact that he's admitted he's underpaid me, and I have to wait 3 weeks to be paid the rest..


It was overtime - its general procedure for overtime to be paid the month after you actually work
banned#13
Becksdawe
It was overtime - its general procedure for overtime to be paid the month after you actually work


The cut off for overtime was the saturday before I got paid, I'm disputing work from before that saturday that wasn't paid..
#14
jr129389
The cut off for overtime was the saturday before I got paid, I'm disputing work from before that saturday that wasn't paid..


It won't make a difference really as I've had the same argument where I work. All overtime is paid a month after you work it... did you get a copy of your contract?
banned#16
Karma mate:thumbsup:
#17
why is evryone being so negative????

Go to the small claims court, tell them everything and let them sort it out.

you have nothing to loose, it won't blacken yor name.

i wish i had have done a similar thing 10 years ago, but i was only 20. i lost a weeks wages and was bullied into not claiming for it. my friend was in the same siution and did take our former employers to a small claims court and she got all her money. the court was clearly on her side. you can represent yourself, its very low key.

the citizens advice sort these things out all the time, they are your first step.

good luck.

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