Sample letter to employer demanding wages - Help please!

[socktug]

Hi all,

 

I have been working for a company for 6 weeks now. I'm on a 6 month probation period. I am employed as a Sales Assistant and paid at an hourly rate for all hours worked, it's minimum wage.

 

The company has opened 3 new shops in 2 months and I thought was doing well, but all the shops received an email saying that as the new shops were opened there was a shortage of money and if we didn't push sales, we were not getting paid. Long story short, pay day was the end of last month and I still haven't seen a penny of my wages.

 

The manager is trying to bully staff by saying if you want paid, you better sell harder etc. I'm on an hourly rate and should be paid no matter what my sales figures are... The also sent me home early last week as the shops were so quiet, so my pay is cut with that too.

 

The MD is driving about in a big range rover, living in a big detached house and walking about with his 2 iPhones stuck to his ear. I have since found out that my supervisor and manager, who are personal friends of the MD have been paid.

 

So thats the story so far! I'm looking now for help with drafting a letter to demand my wages before I decide to go to an employment tribunal. I'm in NI if that makes a difference.

 

Can anyone give me some pointers on how to set the letter out please, and any other advice would be much appreciated. In the meantime I'm going to be going on sick leave as I can't afford diesel to drive to work, and am in pain from a form of arthrittis that I have in my lower back. I was unemployed for over 2 years, and getting a job was a godsend to me. Now I have signed off JSA and not been paid I'm so much worse off and no bills are being paid.

 

Thanks in advance...

[sillygirl1]

Report this to Trading Standards and the Tax people....

[Surfer01]

They cannot by law with hold your wages. I would report them as soon as possible. Your local CAB should be able to advise. In the meantime a letter to the employer quoting the revelant employment law might help. Unfortunately I am not that converse with employment lawe but SarEl may be able to help. Draft up a letter and post it on here removing any info that can be linked to you or the employer showing the dates relating to when you worked but got no pay..

[socktug]

I was thinking of of something along the lines of:

 

Dear [managing director]

 

I received my pay slip on Wednesday 1st December 2010 it shows that I am due to be paid the sum of [amount]. To date this money has not been credited to my nominated bank account.

 

As you are aware, it is against the law for you to withhold my wages without my written consent. With this in mind I am giving you formal notice that unless I receive the above sum in my bank account within 7 working days (15th December 2010) I will commence legal proceedings.

 

This may include a claim to an employment tribunal for unlawfully withholding wages which is contrary to Section 13 of the Employment Rights Act 1996, or proceedings in a local court for breach of contract.

 

I look forward to receiving your favourable reply by return.

 

Yours faithfully,

 

xxxxxxx

[honeybee13]

Hello. Do you have contract with these people, or terms of employment please?

 

My best, HB

[socktug]

Hello. Do you have contract with these people, or terms of employment please?

 

My best, HB

 

Hiya, yes I signed my contract last week. Unfortunately the manager took the whole contract and employment handbook with him so I have nothing to refer to.

[honeybee13]

That's unfortunate. I was just wondering if the contract included anything about the employer being able to vary your hours, which might be relevant to the letter you want to write.

 

HB

[socktug]

My contract stated my employment was of a part-time casual nature. I was guaranteed a minimum of 24 hours over the phone though by the MD. So I imagine them sending me home was fine as I'm legally classed as casual. To be honest I just want my pay for the hours worked and I'll move on.

[socktug]

Just giving this a bit of a bump as I want to get the letter away tomorrow. Can someone take a look at the draft I did a few posts up please?

 

Thanks

[MARTIN3030]

Dear,

 

My pay advice slip of December 1st 2010.indicated that xxx would be paid into my nominated bank account.

As of today xxxxxxx payment has still not been received.

 

You should be aware that it is unlawful to withold payment of due wages without consent,by virtue of section 13 of the Employments Rights Act 1996.

Please accept this as formal notification that unless the full amount due and payable is not transferred into my account within 7 days of the above date,then I will pursue recovery in the Small Claims Court and be seeking costs.

 

In the alternative I will be seeking recourse by way of an Employment tribunal.

 

I trust you will give this matter immediate attention,

 

Yours Faithfully

 

xxxxxxxxxxx

 

 

Send recorded keep a copy.

 

Head the letter-Letter before action and underline.

[socktug]

Excellent. Thank you very much for your help with this. It is very much appreciated!

[MARTIN3030]

No problem

Keep us posted on this.

[socktug]

Well the news isn't great so far. I've been "let go" due to financial difficulties in the company. Thing is though that they are advertising for more staff for another store.

[MARTIN3030]

Way of the world soktug........just get your money thats owed to you.