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Are you owed money by your former employer?
If you have recently left work you may be owed money by your employer. This could be for:
- Wages
- Bonus/Commission
- Holiday Pay
- Notice Pay
If you think that you are owed money you should consider taking the following steps:
Step One
Calculate how much you are owed.
Check your pay slips and your contract of employment if you have them. Your contract should tell you how much notice of dismissal you should have been given and whether you are entitled to pay for unused holidays. If you do not have a copy of your contract, write and ask your employer for one.
If there was no written contract and you were employed for between one month and 2 years you are entitled to one week’s notice. If you were employed for between 2 and 12 years you are entitled to at least 1 week’s notice for each complete years service. If you have been employed for 12 years or more you are entitled to at least 12 weeks’ notice.
If your employer did not give you the right amount of notice you can claim pay in lieu.
If you are entitled to paid holidays you may be able to claim for unused holidays that you could have taken before you left. This is not automatically the case. If you are entitled to claim holiday pay it usually accrues as a pro rata basis, i.e. if you leave halfway through the holiday year you would only have accrued half your holiday entitlement.
Step Two
Write to your former employer. (Download a sample letter
from the right hand column on this page.)
Write to your former employer setting out exactly what you claim you are owed.
Ask for a reply by a certain date and keep a copy.
Step Three
If your employer disputes your claim consider if you have grounds for starting legal proceedings. You may want to consider any response you have had from your employer and the reasons which you have been given for any refusal to pay.
Step Four
If you decide you want to pursue a claim, fill in an IT1 form to start proceedings at the Employment Tribunal, formerly known as Industrial Tribunal. You must get the claim to the Tribunal within 3 months from the date your employment came to an end.
Downloadable the example for the IT1 (from the right hand column on this page) and fill in the form at the back of the booklet “How to Apply to an Industrial Tribunal”. The booklet tells you where to send the form (keep a copy) and what happens to your application. It also gives you some guidance about preparing your case for a hearing.
You may be contacted by ACAS (Advisory Conciliation & Arbitration Service) to discuss the possibility of settling your claim.
If you are outside the 3 months time limit you could consider making a claim in the Small Claims Court. Contact Coventry County Court 140 Much Park Street, Coventry for details of the procedure. You can use the same letter and working for your claims.
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7622 3053