#Employment : Complicated

[Boilerman]

I was dismissed for gross misconduct, failure to provide "proper" fuel receipts, I did ask a friend to get some for me as I forgot to get them from the fuel station. so I submitted these, they were accepted and duly paid, I have bank/credit card statements to verify but this evidence was not accepted at the hearing, I have sent two letter of appeal. to which I received no reply.

 

The said company owe me ITRO 5k in back pay, I was asked to submit details which I have. I had a call from the MD who said they weren’t gonna pay me a penny as I ripped the company off, I didn't and I can prove it. He added that If I pursue my claim he will take up criminal charges against me for the forged receipts,

 

What can I do, roll over or fight for what is rightfully mine?

 

Kindest regards

 

Ken

[elpulpo]

Did you have a written statement of the terms and conditions of your employment (a contract, put simply)?

If so, did it make provision for the employer witholding wages in the event they think an employee has 'ripped the company off'?

Are you guilty of doing anything illegal? If not, you don't need to fear criminal charges.

[LKM1982]

do you have a clause in the contract that says that the company can withold wages in a case of gross misconduct. If not, then there is no reason why you shouldn't be paid in full

[Sidewinder]

To what extent can you prove beyond doubt that your expenses were accurate? How did they find out about the iffy receipts?

 

Strictly speaking, although you may well have been entitled to the money claimed, you have also been complicit in an act of fraud, however the employer cannot withhold your wages.

 

If it were me, and if I could prove entitlement, I would call their bluff and issue an LBA for the outstanding wages and be prepared to push this to an ET under S.13 of the Employment Rights Act as an Unlawful Deduction.

 

Who Blinks First?

[Boilerman]

Wow thanks for speedy responses.

 

They have owed me money which has been increasing every month for over a year, there is no provision in my T&C to allow them to withhold pay under any circumstances, I believe that the company may be in financial trouble and have used the fuel receipts ploy to dismiss me without redundancy pay. The fuel receipts (four that were bought to my attention) although there are more, were not legitimate, however I can prove through bank and credit card statements that the fuel was legitimately purchased and furthermore the consumption figures justify the purchase amounts. Othyer engineers have come under the hammer too, it seems like an employee thinning program.

 

Regards

to all

 

Ken